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Whats the cooling period for a internet purchase?


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Hi everybody

 

I bought an online study course and am trying to cancel but the course provider says I am outwith the 7 day cancellation period. There is no cancellation period stipulated in the terms and conditions I was sent. I also have not signed any documents. I paid by credit card. What options are available to me now?

 

Please help

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Hi everybody

 

I bought an online study course and am trying to cancel but the course provider says I am outwith the 7 day cancellation period. There is no cancellation period stipulated in the terms and conditions I was sent. I also have not signed any documents. I paid by credit card. What options are available to me now?

 

Please help

 

Unfortunately the period is 7 days which are covered by the Distance Selling Regulations.

 

If you done it online they don't need a signature as it will be regarded as a electronic signature.

 

As for what options you have? Unfortunately I can't see a way out of this without paying for the services.

 

Hopefully someone else will be able to give you some help on what to do next.

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Hi thanks for that

 

I only seen the details for the course online I paid for the course by phone and received course materials in the last 10 days or so.

 

Is it 7 days from paying for the course or 7 days from receiving the "goods" so to speak?

 

Either way I guess im buggered.

 

Its a shody course and the materials are crap. Just with a full time job etc I only got round to seing the materials at the weekend there. Teaches me an expensive lesson i guess

 

any other opinions?

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Hmmmmmmm i'm back again for another shot.

 

Right in your initial post you mentioned: "There is no cancellation period stipulated in the terms and conditions I was sent."

 

You will need to read the: The Consumer Protection (Distance Selling) Regulations 2000

 

Having re-read the regulations I need to change my viewpoint slighty which might buy you more time.

 

Please note, I am not a legal expert at all and this is just my interpretation of what it says (which is complicated).

If you want definitive interpretation of the Statute you will need to go over the regulations with a fine tooth comb and:

Blacks Law Dictionary.

Statutes and Acts aren't written in English they are written in Legalese which is the language of law. Some of the definitions can vary dramatically between English and Legalese. For instance whenever you see "may" in an act it means "must".

 

I draw your attention to:

 

Part 12: Cancellation period in the case of contracts for the supply of services

 

Section (2):

 

(2) Where the supplier complies with regulation 8 on or before the day on which the contract is concluded, the cancellation period ends on the expiry of the period of seven working days beginning with the day after the day on which the contract is concluded.

 

So I make it that the 7 day cooling off period started the day after you signed up for the course and agreed the contract.

Also in the regulations in section 3 it defines working days as:

 

"working days" means all days other than Saturdays, Sundays and public holidays.

 

Personally I reckon that gives you 10 normal days to cancel.

 

So if you signed it on say a Monday.

Cooling period starts Tuesday

So cooling period would be: Tue, Wed, Thur, Fri, Mon, Tue, Wed

 

Also don't let them tell you that it must be in writing it's BS.

 

Look at Section 10: Right to cancel part (3)

 

(3) For the purposes of these Regulations, a notice of cancellation is a notice in writing or in another durable medium available and accessible to the supplier (or to the other person to whom it is given) which, however expressed, indicates the intention of the consumer to cancel the contract.

 

That would mean if they have a telephone or e-mail you cancel by that means.

 

Hope I have explained that well enough :|

 

 

PS. I knew I forgot something:

 

You stated: There is no cancellation period stipulated in the terms and conditions I was sent.

 

For the cooling period to be 7 days they must adhere to Section 8 of the regulations.

 

This is going to get complicated a bit so my apologies.

 

This is the part of Section 8 I am referring to:

 

Written and additional information

8. - (1) Subject to regulation 9, the supplier shall provide to the consumer in writing, or in another durable medium which is available and accessible to the consumer, the information referred to in paragraph (2), either -

 

(2) The information required to be provided by paragraph (1) is -

 

(a) the information set out in paragraphs (i) to (vi) of Regulation 7(1)(a);

 

(b) information about the conditions and procedures for exercising the right to cancel under regulation 10, including -

 

(i) where a term of the contract requires (or the supplier intends that it will require) that the consumer shall return the goods to the supplier in the event of cancellation, notification of that requirement; and

 

(ii) information as to whether the consumer or the supplier would be responsible under these Regulations for the cost of returning any goods to the supplier, or the cost of his recovering them, if the consumer cancels the contract under regulation 10;

 

 

If you are adamant there is no mention of how to cancel in their T&C's then it changes it.

 

If that is the case then look at:

 

Cancellation period in the case of contracts for the supply of services

12. - (1) For the purposes of regulation 10, the cancellation period in the case of contracts for the supply of services begins with the day on which the contract is concluded and ends as provided in paragraphs (2) to (4).

 

(2) Where the supplier complies with regulation 8 on or before the day on which the contract is concluded, the cancellation period ends on the expiry of the period of seven working days beginning with the day after the day on which the contract is concluded.

 

(3) Where a supplier who has not complied with regulation 8 on or before the day on which the contract is concluded provides to the consumer the information referred to in regulation 8(2) and (3), and does so in writing or in another durable medium available and accessible to the consumer, within the period of three months beginning with the day after the day on which the contract is concluded, the cancellation period ends on the expiry of the period of seven working days beginning with the day after the day on which the consumer receives the information.

 

(4) Where neither paragraph (2) nor (3) applies, the cancellation period ends on the expiry of the period of three months and seven working days beginning with the day after the day on which the contract is concluded.

 

Right so if they haven't adhered to Section 8 then paragraph 2 isn't relevant. It would be paragraph 3 or 4.

 

Both of those gives you 3 months to cancel not 7 days.

 

Paragraph 3 is different to 4 by saying that they have 3 months to send you information on how to cancel then you have 7 days from the day that info was received.

 

I would read and familiarise yourself fully with the above and the regulations and then ring them and cancel. If you can sit there and read the regulations to them down the phone and show their failings of it to them I can't see them not caving in to be honest.

 

Good luck.

Edited by BAYV explained
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1 - it is 7 working days starting from the day after you signed/ordered, so it effectively gives you 10 days.

 

2 - if you haven't been given T&Cs on signing up, then the cancellation period kicks in ONLY once you have received them, so they're effectively shooting themselves in the foot and you need to tell them so in writing invoking the DSR. ;-)

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That's a slightly different issue, Wino. You can sign up for something where there aren't goods to be delivered, if it's all online, for example. In the above described instance, OP doesn't say whether he actually received any goods or tried to cancel before he got sent the materials (if any), but either way, he does have a statutory right to cancel either because he changed his mind or because on inspection, he decided the stuff was not adequate/what he was looking for/faulty, etc... because he ordered online, that's what the DSR are about. ;-)

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