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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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1. I have an online training course and after being on

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Hi, 1. I have an online training course and after being on the course 5 months, one of my students has said she would like a refund as she no longer wishes to pursue this line of work. When I said I couldn't give a refund for that, she then switched tactics
and said that I should have given her a 14 day notice to cancel when she first signed up. I didn't, as it was quite an informal discussion over the phone and I set up a series of 6 installments for her. I clearly have it in writing from her that her original
reasons for cancelling were for a change of heart, but where do I stand now she has gone for a more "technical approach". The total sum is for £1074, paid in 5 monthly installments. There was no credit agreement, just an informal agreement to help her spread
the cost. 2. Could you also point me in the direction of the right wording for my terms and conditions page, that allows for the new online selling regs from 1st Oct 2015. With thanks, ***** *****
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
For now please let me know did they start as soon as signed up please?
Customer: replied 1 year ago.
As far as I know, Yes. I would need to check access log details to confirm but pretty sure, yes.
Customer: replied 1 year ago.
Just checked and she attended one of our free training webinars the day she registered, but can't tell when she first logged in to the online portal itself. She would have been automatically logged in after registration, but may or may not have accessed at that time.
Expert:  Ash replied 1 year ago.
Ok. So did she sign up online or register at the webinar?
Customer: replied 1 year ago.
We had a chat on the phone to agree a special payment plan for her, she paid the first payment online on the website and then I set up a 6 month plan for her with a recurring monthly charge to her card. She then attended the webinar.
Expert:  Ash replied 1 year ago.
Ok. Was this something which was bespoke for the customer?
Customer: replied 1 year ago.
Yes.
Expert:  Ash replied 1 year ago.
Then you are ok. Bespoke things are excluded from the regulations. If not the law says you have to give 14 days cooling off period, but if they start or are bespoke these are excluded.
Can I clarify anything for you about thus today please?
Alex
Customer: replied 1 year ago.
Ok thanks - can you point me to the reference in Law that states that?
Expert:  Ash replied 1 year ago.
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013
http://www.legislation.gov.uk/uksi/2013/3134/contents/made
Does that help?
Alex
Customer: replied 1 year ago.
Hi Alex,Sorry, which bit/section, I can't see it?
Expert:  Ash replied 1 year ago.
Regulation 28.
Alex
Customer: replied 1 year ago.
"the supply of goods that are made to the consumer’s specifications or are clearly personalised;"this one?
Expert:  Ash replied 1 year ago.
Personalised - yes.
Alex
Customer: replied 1 year ago.
Ok thanks.And is there a recommended wording I should put on my website, re the 14 day cancellation/don't download etc, to cover myself in the future?
Expert:  Ash replied 1 year ago.
Yes. I would just highlight that they have 14 days to cancel (as per your legal obligation) unless they agree to waive that right and start straight away (have a check box for that) or the course and materials are customised.
Does that help?
Alex
Customer: replied 1 year ago.
Yes, thank you.
Expert:  Ash replied 1 year ago.
Great.
If this answers your question could I invite you rate my answer before you leave today.
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Customer: replied 1 year ago.
Hi Alex, just in case she queries this, if the course itself was the same, but the way she paid for it was bespoke, does that make a difference?However, the bespoke agreement was to deliver the course over 6 or 7 months, rather than In Full or 12 months, which were the standard on my website.With thanks,Andrew.
Expert:  Ash replied 1 year ago.
Hmmmmm, that may not be enough. There needs to be something physical, such as a good or item.
Alex
Customer: replied 1 year ago.
Can you please clarify exactly ... this is an online training course, where the client gets access to online videos, pdfs and notes to look at or download, mp3's to listen to, etc.We agreed a bespoke payment plan so she could have the content made available to her in 7 months, rather than 12 months.Please can you give definitive answer and any advice.With thanks,Andrew
Expert:  Ash replied 1 year ago.
I dont think thats enough. The regulations are clear, yes its bespoke but the bespoke part is not a physical good. If it was the case they ordered a sofa and picked a fabric, that is custom made. The repayment plan is not enough to make it bespoke in my view.
If the materials would have been bespoke then this potentially is enough, but not a repayment plan.
Alex
Customer: replied 1 year ago.
Do the regulations state physical product, or just personalised supply? There was no physical personalised product, but the way the online material was supplied was bespoke to the client. But the actual end content was the same.
Expert:  Ash replied 1 year ago.
The Regulation state:
the supply of goods that are made to the consumer’s specifications or are clearly personalised;
This seems to say it needs to be something physical. You said it was personal in terms of the repayment plan - therefore my view is this isnt covered.
Alex
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