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No right to cancel an online service?

3 replies

something2say · 12/08/2013 16:23

Hiya,

Can anybody please advise me on the following - I have bought a service online, which I thought was one thing and is actually another. Upon reading the small print regarding cancelling the order and getting a refund, I see the following -

11.4. You have the right to cancel your order for the Services within a statutory 7 working day cooling-off period. This period begins when you receive written confirmation of your order from WHO4.
If the provision of the Services commences within the cooling-off period, your right to cancel under this provision shall end.

11.5. If you are contracting as a consumer, you may have a statutory right to cancel a Contract at any time within seven working days of making your order under the Distance Selling Regulations. However, due to the nature of the Service which we provide, we will begin to provide the Service to you much before the end of this seven working day period.

11.6. By making your order with us and completing the Application form you are therefore providing your authority to us to begin providing our service straight away which means that you will not have the right to cancel your contract with us once you have made your order.

11.7. You will not be entitled to any refund of the money you have paid to us in accordance with condition unless we have been unable to deliver the Service to you in which case we may refund all or part of the money paid in our absolute discretion.

So I have the right to cancel - except that they start providing the service immediately - and I am apparently providing my authority for them to do so, and therefore waiving my right to cancel......

They are trying to refuse my refund, but I think I have been caught out by an unscrupulous company.... What I would like to know please is - is the above lawful?

Many thanks,
Something2say

OP posts:
prh47bridge · 12/08/2013 17:54

Perfectly normal, lawful and in line with the Consumer Protection (Distance Selling) Regulations - specifically Regulation 13(a). Assuming the terms you included in your post were made available to you before you entered into the contract your legal right to cancel ended as soon as they started providing the service.

Unless they misled you as to the nature of their service I'm afraid you don't have a case.

Peachyjustpeachy · 12/08/2013 17:59

It depends. If you are buying a service....Say newspaper delivery...and the paper isn't delivered then regardless of whether there is a cancellation policy or not you have an argument to cancel

However if you've ordered one newspaper and it's been delivered on time and in the correct manner...I think you have less of an argument.

I have just had an contract with a no cancellation policy cancelled. Feel free to pm me and I'll help if I can

something2say · 13/08/2013 21:41

Hello ladies,

Thanks for getting back to me.

I have decided to suck it up and read the small print next time. It wasn't worth getting as upset over as I was getting.

Many thanks,
Louise

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