ASA Complaint - Misleading Advertising

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Well done PPC.
I do hope you get the result you deserve. I know how infuriating it can be dealing with these big companys to whom you are nothing but a number. I think that Q have got to big to care these days the customer service is far less "award winning" than in years gone by.
I hardly ever order from Q theses days but have ordered 3 high value items (for me over £150.) which I brought specifically from Q because of the 30DMG.
I have now returned one of these (over 2 weeks ago but yet to show up on my account) one I have only just received so don't know how it will work out and the last is yesterdays TSV which was on advanced orders so I have yet to try it out.
Because of my health issues I am finding it harder and harder to cope with every day activities so by having the 30DMG is great for me as I can try out the item and see if I can make it work for me.
But if none of these work out for me will Q be closing my account??
I have NEVER had any form of communication from them but I will be waiting for the postman with bated breath.
 
Sue I'm appalled at the way you've been treated. Just shameful! As you can tell from the tone of my posts I'm still angry at the way I was spoken to and my Letter was years ago, maybe as long ago as 7 years but I can't quite remember and certainly didn't keep the letter. I did temper my ordering afterwards and didn't hear from them again. My first contact was the Letter asking me to ring to discuss my returns. The 17 year old (sounded like he was on work experience from school) certainly wasn't interested in engaging in any discourse about the reasons for the returns he simply wanted to verbally put me on the naughty step. I did manage to mention over-hype and garment measurements and he concluded the call by saying he'd write to summarise the discussion. The subsequent letter bore no resemblance to the conversation. If they ever call again I'll be ready for them since I bought (and didn't return) a trucall machine for my land line and can record phone conversations! Now, most of my returns are cancellations under the DSR so I'd argue that I'm exercising my statutory rights and these don't count!

It might be worth talking to your credit card company (or bank) about QVC taking unauthorised payments when you were no longer a customer. I think you're right to be concerned that they managed to draw funds after they closed the account. Angry for you Sue! :devil:
 
QVC actively court the older, infirm, and housebound customer (maybe hoping they can't get to a post office to return stuff!). Keep an eye on the clothing shows Sue so you can quote a specific date and time when a presenter suggests ordering more than one size to try, or beauty shows when they say to use a product or set for a month (some try me products are 7.5 or 10ml which would be all gone in 4 weeks normal use). Maybe record some of the forth-coming L'Occitane TSV shows - we know it's a set of piddling wee bottles so they're bound to trip themselves up saying 70ml will last for a two week holiday. If we can supply plenty of examples of porkies with dates and times to the ASA they can better prepare their case. I'll keep an eye out for their false exclusivity claims - remember them saying Q was the only official supplier of smashbox when JustBeautyDirect was also an authorised stockist. We mostly just comment about them here but shrug and let these false claims pass but they're just the sort of thing we should pull them up about and between us we watch enough qvc to quote exact examples to the ASA. I'll post anything I see here but I'm feeling I could make a few complaints to the ASA myself!

Power to the people PPC!
 
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I don't have first hand experience of 'The Letter' but I would like to reiterate Sue's point that completing a complaint to the ASA is very easy to do. I would suggest that if you have first hand experience of either issues with the 30MBG or receiving returned items, that you do complete the online form. This will add to body of evidence, however, the ASA are lobligated to investigate every complaint received and the number of complaints makes no difference to the quality of that investigation. I had a complaint upheld against Mercerdes Benz and it was just me and another (unknown to me) member of the public who had complained.

One thing to be aware of, though, is that not all complaints go to a published adjudication. The company concerned can "work with" the ASA to agree to change their practices in future, in which case, it will not go to a published adjudication. The ASA then do NOT actively monitor that compliance (even though they say that they will). You then need to raise a new complaint if that compliance doesn't happen.
 
Hope you get the outcome you deserve PPC...
 
On the subject of recording calls Jude I did actually ask if my initial conversation with James Churchill (finance) was being recorded and he told me it hadn't been. There were many points of argument regarding Q's returns and mbg policies that were raised by me (in that call) that would be very relevant to my ASA complaint and I felt it was important to have QVC's response properly documented. So after thinking about this I called back later in the day to speak to Mr Churchill again and requested that he arrange it so that a further call to him would definately be recorded as I wished to go over these issues again in preparation for a complaint I would be making to the ASA, and I wanted a transcript of the call for evidence. He agreed he would do this and call me when it had been set up. I didn't hear another peep from him and nobody else in that department wanted to do this either, as soon as the ASA was mentioned it all went very quiet and I never did get the chance to have my call recorded. It was also quite obvious that there were notes on my account to say that nobody in CS should discuss anything with me, they were all very cagey when I called for information on my account and immediately transferred me to finance but one lady called Sharon did say 'we're sorry to lose you Mrs xxxxxxx' which was sweet but not strictly true I felt.

On the subject of buying more than one of the same item to try...I have done this loads of times with Yong Kim because my 'normal' size in that range rarely fitted me properly as I found I could be up to two sizes smaller (yippee!!) so of course many of those garments got returned, but always unworn and in the condition they were received. I also quite often ordered two of the same rings in different sizes especially if the band was wide and kept the better fitting one. In hindsight I can see that all of these actions helped Q's cash flow flow but unfortunately inflated my returns figure but none of this was taken into account, neither were returns due to faulty or not fit for purpose/unsuitable items, as you and others have pointed out none of it matters to QVC. Just percentages that they can't even explain themselves. Or won't.

I hope many others who read this site will also contact the ASA about QVC's misleading advertising regarding their 30 day money back guarantee and hopefully our complaints will be upheld and Q will have to change and be completely transparent about it in the future.

P.S. Please bear in mind that the ASA will not be interested in personal account issues so remember to keep your complaint focused. Thankyou.
 
Good luck with the ASA, I hope you will get a result. I complained to them a few years ago when I first got The Letter. We asked all the same questions as have been raised here but QVC were either unable or unwilling to give proper answers. Unfortunately, for me, the ASA were a bit of a toothless dog at the time. They didn't see that not saying that T&Cs applied was that big a problem but they did make QVC agree to stop using the expression "no quibble" on air. It took a while, but they did eventually stop.

On a slightly different note, when I opened my account I was never given a printed list of T&Cs and no one has ever told me, either on air or personally that they exist via the website - I found that out here! I've had some legal training and I'm pretty sure that I recall a section of the Unfair Contract Terms Act that states that terms and conditions cannot be applied if they are not disclosed to you before you actually enter into the contract. If most people were treated as I was, I'm sure the law would take a dim view of QVC making threats to close accounts. You simply cannot enforce terms that you haven't made absolutely clear to customers. It's not just unfair, it's immoral, and (I suspect) illegal. They simply need to state on air "T&Cs apply, check website for details." At least that gives people a fair chance to find out more.

I hope lots of people are reading this thread as the more negative PR there is floating about the more like they are to do something about it. Although, having said that, bad PR isn't the only reason not to shop with QVC anymore. Let's face it, we all know that most other online retailers are cheaper to buy from - in product cost and service charges - and much faster at service. Amazon is a classic example as their free super-saver deliver usually arrives in 48 hours. For the last purchase I made from them, QVC would have charged something like £20 postage and made me wait a week! Mum likes to watch QVC to get trend and product information but we manage to find 95% of the products elsewhere, often a lot cheaper (sometimes as much as 50%!), often with free P&P and always received within 2 to 3 days of ordering.

As a final note, I think QVCs Finance department must be operated by school leavers or something. Not only do they sound like kids when you speak to them on the 'phone but they operate like that as well. Payments come out of the bank at odd intervals, rarely when they say they will, refunds take forever and they either lack decent information or simply don't use it. Either way, it's useless.

Sorry, rant over. I just hope they ASA kick corporate butt this time.
 
Moth said:
Good luck with the ASA, I hope you will get a result. I complained to them a few years ago when I first got The Letter. We asked all the same questions as have been raised here but QVC were either unable or unwilling to give proper answers. Unfortunately, for me, the ASA were a bit of a toothless dog at the time. They didn't see that not saying that T&Cs applied was that big a problem but they did make QVC agree to stop using the expression "no quibble" on air. It took a while, but they did eventually stop.

Although the presenters no longer actually say "no quibble" it is still strongly implied by them.

On a slightly different note, when I opened my account I was never given a printed list of T&Cs and no one has ever told me, either on air or personally that they exist via the website - I found that out here! I've had some legal training and I'm pretty sure that I recall a section of the Unfair Contract Terms Act that states that terms and conditions cannot be applied if they are not disclosed to you before you actually enter into the contract.

Is it this clause Moth??


  • The term is required to be a fair and reasonable one to include in the contract.​
  • This is judged by all the circumstance which were known, or ought to have been known or in the contemplation of the parties​
  • The fairness and reasonableness is decided at the time the contract is entered - not with hindsight knowing of the events which in fact occurred​
  • Where the term is restricting rather than excluding liability regard is to be had to the resources of the party seeking to rely on the term and the availability of insurance.​
  • The burden is on the party seeking to enforce the term to show that it was fair and reasonable.​

If most people were treated as I was, I'm sure the law would take a dim view of QVC making threats to close accounts. You simply cannot enforce terms that you haven't made absolutely clear to customers. It's not just unfair, it's immoral, and (I suspect) illegal. They simply need to state on air "T&Cs apply, check website for details." At least that gives people a fair chance to find out more.

Absolutely right Moth.

I hope lots of people are reading this thread as the more negative PR there is floating about the more like they are to do something about it. Although, having said that, bad PR isn't the only reason not to shop with QVC anymore. Let's face it, we all know that most other online retailers are cheaper to buy from - in product cost and service charges - and much faster at service. Amazon is a classic example as their free super-saver deliver usually arrives in 48 hours. For the last purchase I made from them, QVC would have charged something like £20 postage and made me wait a week! Mum likes to watch QVC to get trend and product information but we manage to find 95% of the products elsewhere, often a lot cheaper (sometimes as much as 50%!), often with free P&P and always received within 2 to 3 days of ordering.

Very true and much of QVC's stuff is sold much cheaper on Ebay too. I know of at least half a dozen dedicated sellers who sell nothing else.

As a final note, I think QVCs Finance department must be operated by school leavers or something. Not only do they sound like kids when you speak to them on the 'phone but they operate like that as well. Payments come out of the bank at odd intervals, rarely when they say they will, refunds take forever and they either lack decent information or simply don't use it. Either way, it's useless.

Have you come across the Finance Dept double act?? The one and only warning LETTER that was sent to me last September was signed by James Churchill AND Emma Watson!! Why does the SAME letter have to be signed by TWO people working in the SAME office?? Can neither of them be trusted to send THE LETTER solo?? Just pathetic.

Sorry, rant over. I just hope they ASA kick corporate butt this time.
Click to expand...

I hope so too Moth because it's about time QVC were made to be more transparent and honest over their conditional 30 day mbg.
 
Just catching up on this and I am appalled at how QVC have treated you Sue!
 
Although I've never had a problem with QVC, with regards to refunding my money when I've returned something or sending me an item which has been used by another customer, I do think that they should be a lot more careful with the statements they make when on air. They say that you can use make up and send it back if it's not suitable, but they don't mention the fact that if they decide you've used too much then the refund is unlikely. They claim that some of their items are exclusive to QVC .......... so why can I get them cheaper from other sites other than QVC? When you ring CS with a query (although they are usually very good) you can be told one thing one day and something else the next day.

While I have been one of the lucky ones, there are plenty of customers online who haven't received the good service/treatment to which they are entitled, so if QVC are made to think more carefully about their wording then the ones that will benefit are the customers and consequently so will QVC.

I really hope that ASA will listen to people's concerns because, although we are the little fish in the big QVC pond (mixed metaphor there :wink:,) they are accountable and should present themselves in a truly honest light .......... i.e. black and white and not grey with tiny print we aren't party to.
 
Wow I really hope you get justice PPC. I stopped shopping with Q a long time ago and have seen a growing number of unhappy customers but unless people do as you`ve done and complain to the correct authorities then nothing will change. Good luck and please keep us updated. More power to the little person I say !
 
PPC - it's been sometime since I did my legal training but I was given a specific case relating to car park contract clauses. I'll see if I still have the notes I made.
 
I am just back from a two week holiday and guess what was waiting for me? yip, a letter from QVC telling me they had been trying to contact me by telephone but had been unable to do so and would I please contact their customer service dept. to discuss my returns?
I few years ago I received "the letter" and contacted them. I explained most of my returns were fashion items with bad sizing info and used an example of ordering the same garment,same size but different colour and receiving two items ,one fitted one was massive. I obviously did not get my point across as they sent me a list of some makers and their size charts. What bit of "garments not matching their size chart" did they not understand?? :headbang:
Anyhoos,this time I am just going to close my account without contacting them to discuss it.:talking: If nothing else it will save me a fortune in return postage.:mysmilie_14::mysmilie_14:
 
Well here's a case in point, just as you say TB51, I once ordered a couple of pairs of Diane Gilman jeans and in the past I've bought size 10 and 12 and both have fit (I'm a 14!). Going by the sizes on the details for this item I went for a 12 in one colour but the darker denim was only available in the 14, since I want a pair to live in around the house I took a chance. Tried the 14 on and was a bit worried that maybe I'd put on weight so almost didn't bother trying the 12, but I did and if anything the 12 in dark denim is bigger than the size 14! WTF?

My defence if they send me the Letter again is to point out that 90% of my "returns" are orders cancelled under the Distance Selling Regs and if they can't differentiate between the two then they'll have a fight on their hands.
 
This is a small thing but it irritates me and demonstrates QVC's attitude to customers. If an item doesn't arrive they send a declaration to be signed, but they don't send a prepaid envelope or freepost address. I know it's a tiny amount, but it's the principle. QVC should stand the cost - the item not arriving may not be their fault, but it certainly isn't mine.

Good luck with your action PPC. I hope QVC are made to be more transparent about their terms and conditions. They can operate any policies they wish, but they should be out in the open so the customer can make an informed decision about whether to order.
 
There is currently a " trailer" advertising the MBG between shows. The terms " no quibble" & " no questions asked". At no time do they mention " terms & conditions apply". Shocking they can advertise this when clearly this is not the case. High returns with low order rate ( fair enough) but most of you who have had " the letter" are high order rates spending Lots of money not only in products but postage. If the product s not fit for purpose/ poor quality/ not as advertised of course it's going to be sent back. Comments on reviews like - misleading sizing due to big pots with false bottoms, not listing ingredients in creams etc, are very common reasons for returns. QVC should advertise MBG ( terms & conditions apply) not what is clearly current practice
 
Reasonable/Unreasonable.

Hi

I have read through this thread and I really don't understand what the problem is.

I have been a QVC customer for over ten years. I buy, I try and I send back what I do not want. Never have I ever come close to the level of returns that some have on this forum.
The MBG that QVC offer is great and no one has ever questioned a return from me but I think if your returns are reaching 50% then QVC have a right to ask you to move on. I know that this is likely to get me shot down in flames but they are a business not blockbuster rentals.
The MGB is there so that people that get things home have the option to try something. If you reach the point where 50% of everything you buy you are sending back then QVC is not a store that you should want to shop at anyway, they are not meeting your expectations. Save your money and buy from a store that produces products that you like that you dont have to return.

Just my view but I think that QVC is well within its right to ban people that abuse the system.
 
Reminds me of totally unlimited broadband that strangely has limits. MBG with no mention of terms should be able to be used 100% of the time if the customer wanted to.
 
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