Cancellation within the 14 day cooling off period for TV service

[Graeme]

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.

[Jayach]

I don't believe there is any "cooling off" period for the streaming services, only for the broadband.

Have you a link to the T&C's where it states there is one?

Edit: These appear to be the terms for the streaming service. (NowTV)

NOW - Terms and Conditions | Enjoy Brilliant Entertainment (nowtv.com)

[Graeme]

Hi @Jayach thanks for the reply, please see section 13 of your link.

The receipt email also seems to include a carbon copy of those terms, and a cooling off period very much exists.

For any subscription service there generally is as per Distance Selling and/or Consumer Contracts Regulation

The terms linked acknowledge this, but the support I've received tonight seems to be oblivious and have refused to uphold them.

This seems really surprising and very poor indeed, not quite sure what to do next without it becoming a case for chargeback.

[redchiz1]

Did you actually activate/use any of the services before attempting to cancel? I think you abrogate that right if you have done so. Either way, I will be interested to see how this progresses. 

[Graeme]

Hi @redchiz1

There are aspects of the service which clearly state you lose a right to cancel, which would be required as acknowledgment.

Consuming content is not signposted as one, and no other listed exclusions in the terms mention this.

[redchiz1]

@Graeme 

You didn't actually answer my question. If you have used the service and been offered a partial refund then that seems perfectly reasonable. 

[Graeme]

Hi @redchiz1 ,

I’ve confirmed some of the services were accessed.

Whilst I appreciate your point, there is “reasonable”, and then there is the black & white terms of an agreement.

An agreement of which key terms of cancellation were neither acknowledged nor understood when attempting to cancel under them.

I find that quite far from reasonable, and was looking for advice on here.

The usage certainly wasn’t excessive nor outside the terms.

My initial response focussed on the your point that usage abrogates a right to cancellation, which it thankfully does not appear to under any terms I can see.

I’d appreciate being pointed in their direction though, if they are to be found, and thank you for your reply & assistance.

[Jayach]

---

@Graeme wrote:

Hi @Jayach thanks for the reply, please see section 13 of your link.

---

Yes, that does seem quite clear that a cooling of period does exist.

Unless you somehow fall under "Except where you purchased or activated a membership or viewing add-on and agreed at that point you would lose the right to cancel"

From the distance selling regulations:

https://www.gov.uk/online-and-distance-selling-for-businesses/online-selling

So do you think that may apply to you?

[Graeme]

Hi again @Jayach 

There is no acknowledgment or notice given to indicate losing any right to cancel if consuming content or otherwise, in the app or when streaming.

NowTVs terms are also quite clear.

I’ve referred to the legislation solely as it reinforces the validity of the cooling off period, and that it exists beyond NowTVs own terms which clearly account for it, something support wasn’t willing to consider.

Sadly the belief appears that offers, or minimum term contracts, alter the terms beyond those provided in the purchase receipt.

There has been a lot of effort put in to make sure people aren’t caught in “subscription traps”, and when reading the terms NowTV has, on paper they are not one to do this… however on paper is meaningless if our point of contact don’t acknowledge the cooling off period exists, and no alternative means of contact are offered … I’m in a bind.

It took real effort for me to even get a means of escalation.

Either support are wrong, or the terms on the website (and copy sent in the receipt email) are wrong. It’s one or the other.

I hope this gets sorted, and appreciate your ongoing assistance & replies.

[Tompo]

Hi @Graeme 

I just had a look at the current 6 months minimum term offer on NOW’s homepage and under the ‘claim offer’ button if you click ‘Terms & conditions’ it exposes some more text which reads…

“New Entertainment and Cinema members only. 6 month minimum terms for Entertainment: £6.99 a month (usually £9.99 a month) and for Cinema: £5 a month (usually £9.99 a month). After the minimum terms end, your Entertainment Membership auto-renews at £9.99 a month and Cinema Membership auto-renews at £9.99 a month. Cancel anytime after minimum terms end. Not available with any other offers. One offer code per person. Offer code can only be used once. There is no cash alternative to the code, all codes are non-refundable and non-transferrable.”

Assuming the same text was sneakily present when you claimed your offer I fear the “all codes are non-refundable” clause means you fall under the exception in section 13.1 of NOW’s T&Cs whereby you agreed at the point of purchase that you waived your right to a refund. I’m not saying it’s fair as NOW are well known to operate in sneaky ways.

Where you might have a claim is that the wording “all codes” is pretty meaningless to a new user. Those of us who know NOW rather intimately know it refers to the long codes - generally taking the form NOWXXXXXXXX - that are applied to your account to activate certain offers, but I'm not sure how a new user could be expected to know this.