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Graeme
Mentor

Cancellation within the 14 day cooling off period for TV service

Hi there,

During the Black Friday offer, on the 24th November, I purchased the Cinema & Entertainment packages.

This evening I've attempted to cancel this order within the 14 day cooling off period for a full refund, as stated in the T&Cs on the NowTV website (Section 13) and also the copy received in "Your NOW receipt" email.

However the online chat support have refused to offer the full refund, additionally they seem unaware of the notion of this 14 day cooling off period for these offers.

A full refund, and initially escalation, had also been refused on the grounds that the contract was minimum term offer.

To quote some excerpts from the chat transcript and my conversation which have caused concern:
"I'm sorry as you've signed up for a Minimum Term offer, you shall be charged for the entire of 6 months even if you get the membership cancelled within 14 days."

"Since you've signed up for a Minimum Term offer the membership cannot be cancelled."

Even with the email in front of both myself and the representative, where the terms are clearly stated, there seems to be a real challenge in cancelling this service under the terms provided.

I've managed to finally escalate the matter, which was at first refused, but now I have to wait 24-48hours.
There was an offer of a partial refund, but again this is not in-keeping with the T&Cs.

Anyone got any advice?

Thanks.

 

49 REPLIES 49
Graeme
Mentor

Hi @Tompo ,

Thank you for this, and your insights.

This purchase was for a new customer so believe this is somewhat different to taking an “offer” as an existing customer, where I can understand such terms existing… given that assumedly the 14 day cooling off period had already passed, versus the purchase of a new membership.

Here are the cancellation terms offered in the email receipt for my purchase:

Cancellation period for any membership: You have the right to cancel your purchase of a NOW Membership, and receive a full refund without giving any reason, any time up to 14 days (“cooling-off period”) from the later of: (a) the date of purchase; (b) the date of delivery (for memberships which are redeemed using a voucher code we send you or you have purchased as part of a bundle); or (c) receipt of this notice, except where: You activated a NOW Sports Day Membership and agreed at that point that you lost the right to cancel, or you purchased or activated another NOW Membership and agreed at that point you lost the right to cancel.

Following this it details the process, which I have attempted to follow but has led to rejection.

That detail is then followed by:

Effects of cancellation: If you cancel during your cooling-off period we will refund to you all payments received from you, including any delivery costs.

Thanks.

Tompo
Scholar 2

@Graeme

I was purposely logged out and using a different browser when looking at the 6 months offer so was being treated as a new user.

To be clear the important piece of text “all codes are non-refundable” is not within NOW's main T&Cs (or those emailed to you) but appears below the 'Claim offer' button when availing of the offer, although it is not initially visible and requires you to click the words 'Terms & conditions' which then does not load the full T&Cs but instead reveals the section of text pasted in my previous reply. Therefore by clicking the 'Claim offer' button you have waived your right to a refund.

MM1
Newbie

Graham, I am in exactly the same situation. Took out the Entertainment pack 5 days ago, just cancelled and have discovered Now intend to charge me for the full 6 months. To me, like you, it is clear in the T&Cs the 14 day cooling off period still applies. Can you direct me to where I can argue my case?

 

Many thanks.

Graeme
Mentor

Hi @MM1 

I’d tried to use the Chat Bot to request a refund, but it’s prompt-based and appears to be bugged and not offer options when this refund question is asked.

I had to find a way by clicking the “Get Help” floating button (bottom-right) to get through to someone.

I’ve intentionally not cancelled online as I’d assumed this might make matters more difficult to get the refund.

Thanks for your question, glad to hear I’m not alone… If you have any success with your refund can you let me know? I’ll do the same.

RoyB
Legend

@Graeme @redchiz1 

There’s reasonable, and there’s what Now actually offer, which is more generous, and is a full refund if you cancel within the cooling-off period. 

With anything like a streaming service, especially with non-subscription downloads, the provider has to protect themselves against the consumption of the content, followed by the customer invoking the 14- day cooling-off period so as not to pay for it or to get a refund, by not releasing the material unless the customer has abrogated the right to the cooling-off period.

Now don’t seem to require or ask for this - which they must make clear to the customer if they hope to enforce it - so, unusually for a streaming service, the 14-day cooling-off period still stands.

Now, also unusually, make no distinction between committing to consume content and actually consuming any of it, as far as the 14-day cooling-off period goes, though they do make this distinction when considering other sorts of refunds.

Again, as far as cooling-off goes, there is no distinction between the customer invoking it in the first 14 days of  a six-month minimum term and the customer invoking it in the first 14 days of a month-to-month term.

No doubt @Graeme‘s claim will be escalated to someone who considers these matters from first principles, and if what I have said above is correct, the refund and release from the minimum term will be granted.

We might also hope the the Live Chat support staff receive clearer scripting regarding these issues, so they don’t have to navigate individually through quite a complex web of circumstances each time the cooling-off period is invoked. 

Set a Payment PIN on your account so that no-one but you can buy memberships on it.
Check your bank accounts monthly for any other unexpected payments to Now.
That way you can at least nip them in the bud, while you and Now figure out whose fault they are.
Tompo
Scholar 2

@RoyB 

I agree with your interpretation of the T&Cs however if you look below the 'Claim offer' button when claiming a 6 months minimum term offer it states 'all codes are non-refundable', which I interpret as the user falls into the exception in clause 13.1 of NOW's T&Cs whereby they agreed at the point of purchase they have waived the right to a refund.

Graeme
Mentor

Hi @Tompo , this appears to be a different offer from that of Black Friday, so not necessarily applicable to my case.

Although this is not strictly relevant to my situation… The language is curiously specific in such that that the “code” is non-refundable… it is also not transferable or has a cash equivalent, and is limited to one per person.

In my interpretation this makes sense, it cannot be reused (or refunded) if the purchase where it was applied is cancelled.

I don’t see a correlation to the cooling off period though.

Just would like to mention that at no point during my purchase was there any statements nor agreements made that the purchase was not refundable.

I appreciate your time & input.

RoyB
Legend

@Tompo 

I know what you mean here, but the codes referred to are discount codes, and nobody is asking for those to be refunded, just the money that the customer has paid additionally to those, albeit that this is an amount reduced by those codes. i.e. if the customer paid £6.99, discounted from £9.99, then the code covers the £3.00 discount, and the customer won’t get that back!

(I know this sounds a bit obvious here, but with multi-item deals it can get more complex when you cancel an item that an overall discount depends on).

Set a Payment PIN on your account so that no-one but you can buy memberships on it.
Check your bank accounts monthly for any other unexpected payments to Now.
That way you can at least nip them in the bud, while you and Now figure out whose fault they are.
Tompo
Scholar 2

@RoyB 

I think we have different interpretations of what NOW mean by ‘code’. I understand it to be the usual NOWXXXXXXXX type codes which you will see in the URL the ‘Claim now’ button directs you to. These codes are not ‘discount’ codes in the traditional sense of offering X% or £X off (in fact the word discount is not mentioned at all by NOW), they are associated with a certain pass at a certain price. Therefore I read it as that price (i.e. what the customer paid) is non-refundable.

Perhaps I am wrong, the text is certainly ambiguous, but I have a feeling this is what NOW intended otherwise they clearly have no reason to reject the refund request.

RoyB
Legend

@Tompo 

Yes, two interpretations.

But even if it was crystal clear that your interpretation is the correct one, putting it in the very small print at the bottom of an offer does not suffice.

@Jayach in https://community.nowtv.com/t5/Account-Billing/Cancellation-within-the-14-day-cooling-off-period-for...

shows that the customer must be asked, and must explicitly confirm that they are aware, that they will lose the 14-day cooling -off period if they proceed; 

Without that happening, and it doesn’t seem to be a thing that Now do, Now cannot maintain that the 14-day cooling-off period does not apply.

Set a Payment PIN on your account so that no-one but you can buy memberships on it.
Check your bank accounts monthly for any other unexpected payments to Now.
That way you can at least nip them in the bud, while you and Now figure out whose fault they are.