How much money is involved and where is the website based and managed from?
Thank you. At least the company is based in the United Kingdom so that if you did decide to go to court on this, you don’t have the problem of issuing proceedings and dealing with court cases in another country.
However under the Distance Selling Regulations and the Consumer Rights Act there is no right to a refund in respect of software where the seal has been broken.
You don’t have to have used it, simply breaking the seal is sufficient to cancel your rights. Your situation is no different, you have access the website and hence, you have no right to cancel.
I appreciate that you don’t know what the system is like until you have accessed it but it’s exactly the same with any software.
You will see the confirmation here about halfway down the page under Exemptions just above the section entitled Cancelling services.
However they are the statutory rights and it may be that notwithstanding your statutory rights, there is a 14 day refund in the contract terms and conditions which you agree to. If it says there is a 14 day refund, they cannot then, after the event, impose the condition that it only applies if you have not accessed the system. Hence, you only have a case which you have a chance of winning, if the cancellation period noted in the terms and conditions is 14 days and it isn’t qualified.
Can I clarify anything for you?
Please rate the service positive. It is an important part of the process by which experts get paid.
We can still exchange emails if anything needs clarification.
Thank you. I have the headings and the definitions but don’t actually have any terms and conditions.
I also can’t find any mention of the word Guarantee.
It does reinforce what I’ve already said, that will have access the members area, you could no longer claim a refund under the Consumer Contracts Regulations. They are not able to override your statutory rights but this doesn’t attempt to do that.
It actually explains your right to cancel which are actually your statutory rights.
However although there is reference to 145 days which is the minimum period and it says that you can’t cancel before that period, and it refers to a 145 Day Back money Back Guarantee, the only reference to any money is that “refunds are only available under the terms of the 145 day Guarantee” but it doesn’t say what those terms are.
In the absence of any explanation, then my answer remains the same I’m afraid.