Statutory rights for faulty NOW TV box

[Anonymous User]

NOW TV sold me a viewing box 13 months ago, which has broken completely today.

NOW TV rep denied they are associated with Sky - but there terms and conditions say they are a trading name of Sky.

Furthermore, he claims that I've agreed a 12 months warranty which supersedes my Sale of Goods / Consumer Rights Act rights.

See UNBELIEVABLE chat below:

How does NOW TV get away with it??

Sajid: Warren, your Box seems to be out of warranty as it's been over a year now.
Me: Come on, I pay each month for your service and the Sales of Goods Act says things must last a reasonable time which could be up to 5 years.
Sajid: i understand your concern, if the Box would have been under warranty I would have replaced it right away.
Me: So what can you do?
Sajid: Warren, the only option you have is to buy a new NOW TV Box for £14.99.
Me: Absolutely no way. I don't want to claim under the manufacturers warranty I want to claim from you as a retailer through my statutory rights.
Me: My statutory rights under the Sale of Goods Act are in addition to any warranty.
Sajid: Warren, if it was possible I would have done that already.
Me: It is possible as it is an implied term of our contract. I could refer to Ombudsman services or Trading Standards.
Sajid: The terns and conditions you accepted at the start of service states for 1 year of warranty.
Me: You're now breaching my statutory rights - thats why a warranty always says 'this does not effect your statutory rights'
Me: You can't exclude the implied terms of the sales of goods act - they supersede any warranty.
Me: See here: Implied terms about quality or fitness

Section 14 provides:

(2) Where the seller sells goods in the course of a business, there is an implied term that the goods supplied under the contract are of satisfactory quality.

(2A)... goods are of satisfactory quality if they meet the standard that a reasonable person would regard as satisfactory, taking account of any description of the goods, the price (if relevant) and all other relevant circumstances.

(2B)... the quality of goods includes their state and condition and the following (among others) are in appropriate cases aspects of the quality of goods

(a) fitness for the purposes for which goods of the kind in question are commonly supplied,
(b) appearance and finish,
(c) freedom from minor defects,
(d) safety, and
(e) durability.
Sajid: Warren, believe me I cannot do much in this scenario.
Me: So, should do you agree that we can refer to Trading Standards or Ombudsman Communications?
Me: Ignore should*
Me: You are Sky plc trading as Now TV aren't you?
Sajid: No, Sky and NOW TV are a totally different services.
Sajid: I haven’t heard back from you, if you still need help please let me know otherwise I'll have to end our chat.
Me: Just confirm that you can't assist with my compliant and theres nothing further I can do
Me: As your a subsidiary of sky plc I can refer to ombudsman communications
Me: In fact you are sky: your terms and conditions say so: NOW TV is a trading name of British Sky Broadcasting Limited
Me: So I can ask for a Deadlock letter as you subscribe to Ombudsman Communications - can I have one please?
Sajid: In order to rectify this error you'll have to get a new NOW TV Box as there is an technical issue with the Box.
Me: You'll replace free of charge?
Sajid: As your Box is out of warranty you'll have to get a new Box.
Me: Just to confirm, you won't replace it/give me a new one?
Sajid: Unfortunately Warren, I cannot replace your Box.
Me: Ok, can you give me confirmation that we are at 'deadlock' and there is nothing further I can do - so I may refer to Ombudsman Services?
Sajid: What kind of confirmation are you referring to?
Me: So, as Sky subscribed to the Ombudsman service - which decides disputes on telecommunication providers amongst other things - the guidelines say that you have to confirm that you cannot escalate my complaint any further and we are at 'deadlock' and then the Ombudsman will resolve the complaint?
Sajid: I am not saying that we do not have a resolution we do have and the resolution says that you'll have to purchase a new NOW TV Box as the Box you are currently using has got some technical problem.
Me: Well I don't agree with that - so thats not a resolution and therefore the Ombudsman will decide whether you should replace under the Sales of Goods Act?
Sajid: Okay,
Sajid: NOW TV Box comes with 1 year warranty only.
Me: Ok, thats is in our contract.. that is a manufacturers warranty
Me: As you sold me the goods, you have obligations under the Sale of Goods Act as a retailer.. this is completely separate to the warranty
Sajid: I am afraid but ti get this issue fixed you'll have to purchase a new Box.
Me: OK. I'm letting you know that I've raised a complaint. if you don't resolve within eight weeks of today Ill refer Sky to the Communications Ombudsman and they will decide - and Ill post this chat on the forum also.
Sajid: I understand that Warren.

[Anonymous User]

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@Anonymous User wrote:

@Anonymous User where did you buy the box from as the warranty is via the seller which for most users is Argos, Currys, Sainsbury's, Tesco etc and not NOW TV direct. 

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Short story, from argos, but pushed back onto NowTV. Really cannot be bothered making a fuss, over such a small amount and have cancelled. The box has a well documented design fault, its not even up for debate and should be replaced period, i was even promised this. I can watch it on another TV and will do on a free pass i have. If they bothered to get the apps working on ALL tv's, we would not even need these boxes.

[SeeMoreDigital]

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@Anonymous User wrote:

Short story, from argos, but pushed back onto NowTV. Really cannot be bothered making a fuss, over such a small amount and have cancelled.

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Consumers (product purchasers) should be aware of their consumer rights. Whilst a product is within warranty, the retailer (vendor) is wholy responsible to sort out faults with the products they sell. They are not allowed to pass the buck onto the original product manufacturer!

That being said, given that it's currently possible to purchase an multi-month 'Entertainment' or 'Movie' voucher pass bundle that includes a new NOW TV 'black' box for under £15.00, it's more cost effective to buy the bundle!

Indeed, there are many of us that have loads on NOW TV boxes piled up in stacks!

[ukbobboy]

@SeeMoreDigital @Anonymous User @Anonymous User

Hi SMD

You have definitely hit the nail on the head here when you said: "Consumers (product purchasers) should be aware of their consumer rights." and some vendors are aware that some consumers don't, plus you have lazy shop staff try to pass the buck, when they say to the hapless customer "go to the manufacturer", which is clearly wrong and potentially illegal.

It seems that @Anonymous User is fighting for his rights and I for one would like to know the outcome of his battle, especially as he is fighting on a point of "principle".

Unfortunately, @Anonymous User got fobbed off when he was entitled to a new box, he should have stood his ground and make a fuss. Retailers don't like it when you announce to their potential shopping customers that they won't obey the "Law of the Land" (The Consumer Rights Act 2015) and are trying to rip you off.

BTW, here is the URL to the CRA 2015: http://www.which.co.uk/consumer-rights/regulation/consumer-rights-act?gclid=CNnn0PGd-swCFVTnGwod3JoJwg

Finally, as experienced by @Anonymous User, there seem to be a rash of help-desk staff that do not know who they work for nor anything much about the range of devices they are supporting.

That's life I guess.

UK Bob