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    AO.com returns... Can they ?

    I ordered a sound bar from AO.com and received it on Wednesday.
    I opened it today (Saturday) and connected to the TV.... the sound wasn't anything special.... so I repackaged it back in the original packaging for it to be returned.
    I phoned AO.com and they want to charge me for returning the item as it has been turned on (used).

    Can they do this ?

    29 Comments

    Banned

    Yes.

    It depends if they informed you properly of your rights to return and the charges for return postage. If so yes if not no.

    gov.uk/onl…ses
    Edited by: "developers" 17th Dec 2016

    Out of interest, which one did you order?

    what charge? if its return postage then of course.

    if, however, they are trying to charge you the difference between new and used because you opened it, then probably not.

    depends whether they define you 'inspected' it or 'used' it.

    They don't have to refund you just because you don't want it. You could try going down the line that it's not "as described" - ie, if the blurb says it's room filling sound and it's not then that could be a reason to return but it would be an argument. How much was it? Less than £42 then apparently you have no 'distance selling' rights. Lesson learnt? Should have bought from Amazon!

    Banned

    A lot of companies do this and the charge has many names usually a "restocking fee". It'll be in the terms and conditions.

    Make use of paypal returns if you paid using PayPal.

    Original Poster

    dani80

    Out of interest, which one did you order?


    The LG one that was £230 but it had £100 off

    Once opened and used, it's effectively second hand and the retailer can no longer sell it as new. So if it's not faulty, it's normal (and acceptable) for a retailer to want to cover their costs. If it's faulty, then it's a different kettle of fish.

    japes

    They don't have to refund you just because you don't want it. You could … They don't have to refund you just because you don't want it. You could try going down the line that it's not "as described" - ie, if the blurb says it's room filling sound and it's not then that could be a reason to return but it would be an argument. How much was it? Less than £42 then apparently you have no 'distance selling' rights. Lesson learnt? Should have bought from Amazon!


    Under £42 is that correct?

    ipswich78

    Under £42 is that correct?



    ​According to the link in comment 1. Was new information to me, I had assumed all sales were covered by distance selling

    This Re-stocking fee "card" is exactly what A.O tried to use on me when i tried to return a washer dryer i bought from them that was faulty,they said that because i`d used the washer it was now classed as used , i argued that i obviously had to use it before i knew whether it was faulty or not !.
    Eventually, after many phone calls and quoting the "Consumer Rights Act" they backed down and refunded me in full .

    I know that you say the soundbar isn`t faulty (but, are you 100% sure of that ?).. i also realise that traders have to cover themselves too , but i`m sure i`m not alone in having bought goods either via mail order or from stores like Argos, etc. that have obviously been opened previously, but have still been sold at full price...makes you wonder if some traders that charge a Re- stocking fee just re-sell the items at full price and make themselves a nice little earner rather than sell them off cheaper?

    Edited by: "Tricks" 17th Dec 2016

    japes

    They don't have to refund you just because you don't want it. You could … They don't have to refund you just because you don't want it. You could try going down the line that it's not "as described" - ie, if the blurb says it's room filling sound and it's not then that could be a reason to return but it would be an argument. How much was it? Less than £42 then apparently you have no 'distance selling' rights. Lesson learnt? Should have bought from Amazon!


    Yes they do!

    The customer is entitled to open and examine the goods purchased before making the decision to either keep or return the item within the 14 days (much longer if the customer was not properly informed) for a FULL refund.

    The retailer is entitled to charge the customer for the return postage cost if it properly informed the customer of his rights and this requirement but not otherwise.
    Edited by: "developers" 17th Dec 2016

    The question here is whether the OP was entitled to try it. Could this be considered examining it? Not sure.

    See how you like it when someone sends your EBay items back for a full refund, because "they didn't like it"

    Sambat

    See how you like it when someone sends your EBay items back for a full … See how you like it when someone sends your EBay items back for a full refund, because "they didn't like it"


    No one individual is obliged to accept eBay returns for no particular reason only business sellers. I am also a business seller and no I don't like it particularly as I still end up paying at least one way postage when I have returned items. It is an EEC wide requirement apparently.
    Edited by: "developers" 17th Dec 2016

    developers

    No one individual is obliged to accept eBay returns for no particular … No one individual is obliged to accept eBay returns for no particular reason only business sellers. I am also a business seller and no I don't like it particularly as I still end up paying at least one way postage when I have returned items. It is an EEC wide requirement apparently.


    Exactly, you don't like it. So why should AO?
    Edited by: "Sambat" 17th Dec 2016

    Sambat

    Exactly, you don't like it. So why should AO?


    I don't say AO should like it. I simply state their obligations where they operate as business sellers online.

    I am not involved in making the laws!

    developers

    I don't say AO should like it. I simply state their obligations where … I don't say AO should like it. I simply state their obligations where they operate as business sellers online.I am not involved in making the laws!


    I appreciate that, but why not make it awkward for those who want to try out stuff and then return it. Charge a re-stock fee, and return postage,

    Sambat

    I appreciate that, but why not make it awkward for those who want to try … I appreciate that, but why not make it awkward for those who want to try out stuff and then return it. Charge a re-stock fee, and return postage,


    I you want to start a campaign to change the law I am sure it would get a load of support. I feel not getting the postage cost back for sending it to the customer particularly harsh. Restocking charges are illegal under the current requirements for distance sellers.

    developers

    Yes they do!



    ​Please correct me if I'm wrong as I do want to be wrong here but they don't have to refund if you don't want it after using it. If it's unused, the the 14day cooling off period applies but if you've used it then that doesn't

    developers

    The customer is entitled to open and examine the goods purchased before … The customer is entitled to open and examine the goods purchased before making the decision to either keep or return the item within the 14 days (much longer if the customer was not properly informed) for a FULL refund. The retailer is entitled to charge the customer for the return postage cost if it properly informed the customer of his rights and this requirement but not otherwise.



    ​open and examine but not use....

    Original Poster

    I would like to thank everyone for taking the time to respond.
    I thought I was covered under distance selling.
    So
    The long and the short of it is....
    You can unpackage it to look at.... BUT.... you cant turn it on.

    Is that just with electrical....... what about a pair or shoes or a dress....... you can look at them but not try them on ?

    japes

    ​open and examine but not use....


    I agree not to use of course. The question raised in this instance is the customer entitled to try the item. According to Which "The extent to which you can handle the goods is the same as it would be if you were assessing them in a shop." Could you hear it work? As I said I'm not sure.

    microrosie

    I would like to thank everyone for taking the time to respond. I thought … I would like to thank everyone for taking the time to respond. I thought I was covered under distance selling.SoThe long and the short of it is....You can unpackage it to look at.... BUT.... you cant turn it on.Is that just with electrical....... what about a pair or shoes or a dress....... you can look at them but not try them on ?




    Who said you turned it on

    You could always re-sell it on. If it's the model I am thinking of that AO were selling it was the SH5. I went to have a look at it in Currys but I bought the model from Euronics which was the LAS550H. You should be able to cover your cost seeing as it's £199.00 in Currys. Sometimes not a good idea to be honest. Have a read of this. Product is covered under Consumer Contracts Regulations previously the Distance Selling Regulations.

    http://www.which.co.uk/consumer-rights/regulation/consumer-contracts-regulations

    The Consumer Contracts Regulations also give you key cancellation rights when you enter into contracts at a distance over the phone, online, from a catalogue or face-to-face with someone who has visited your home, for instance.

    These cancellation rights are more generous than if you bought goods or services from a high street shop. For details on your rights when you buy from a high street shop, read our guide to the Consumer Rights Act.

    Your right to cancel

    Your right to cancel an order for goods starts the moment you place your order and ends 14 days from the day you receive your goods.

    If your order consists of multiple goods, the 14 day period runs from when you get the last of the batch.

    This 14 day period is the time you have to decide whether to cancel, you then have a further 14 days to actually send the goods back.

    Your right to a refund

    You should get a refund within 14 days of either the trader getting the goods back, or you providing evidence of having returned the goods (for example, a proof of postage receipt from the post office), whichever is the sooner.

    A deduction can be made if the value of the goods has been reduced as a result of you handling the goods more than was necessary.

    The extent to which you can handle the goods is the same as it would be if you were assessing them in a shop.

    Refunding the cost of delivery

    The trader has to refund the basic delivery cost of getting the goods to you in the first place, so if you opted for enhanced service eg guaranteed next day, it only has to refund the basic cost.

    Exemptions

    There are some circumstances where the Consumer Contracts Regulations won’t give you a right to cancel.

    These include, CDs, DVDs or software if you've broken the seal on the wrapping, perishable items and tailor-made or personalised items.

    Also included are goods that have been mixed inseparably with other items after delivery.

    Always check the terms and conditions

    The minimum cancellation period that you must be given is 14 days but many sellers choose to exceed this, so always check the terms and conditions in case you have longer to change your mind.

    Banned

    Yes, a restocking charge.
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