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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9032
Experience:  I have been practising for 30 years.
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I purchased a Football Hedging System on line from Waverly

Resolved Question:

I purchased a Football Hedging System on line from Waverly Media. The only way to see how the system worked was to access the website, on doing so I decided it was not for me and applied immediately for a refund under their 14 day Guarantee. Only to be told that "Once you have accessed the members area you may no longer claim a refund under the Consumer Contracts Regulations. How do I stand with this matter as a lot of money is involved. To me this is unfair practice as unless you access the website you have no idea what it entails to follow the system
The program website is
Submitted: 10 months ago.
Category: Law
Expert:  F E Smith replied 10 months ago.

How much money is involved and where is the website based and managed from?

Customer: replied 10 months ago.
Hello.
here are the requested details.
Qty 1
Ongoing Payment Description
Football Hedging - Platinum Package £1597
Platinum Support - Monthly payment £121(first 30 days FREE)
Amount You Pay Today£1597.00
Ongoing Payments:£121.00 Monthly
Managed by Waverly Media http://www.waverleymedia.com/***@******.***
Expert:  F E Smith replied 10 months ago.

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.

Best wishes.

FES.

Customer: replied 10 months ago.
Still not sure about last paragraph, I paid the money then received the following.
Sorry it is so long,but as you will appreciate it is a lot of money to lose.
>> Football Hedging System - Order Receipt
>> Platinum Package
>> Order Date: December 30, 2015
>>
>>
>>
>>
>>
>> TO:
>>
>>
>> Keith Heppenstall
>> 8 Halford Close
>> South Witham
>> Grantham
>> Lincolnshire
>> NG33 5SL
>> United Kingdom
>>
>>
>> Qty
>>
>> 1
>>
>>
>> Ongoing Payment
>>
>>
>>
>> Description
>>
>> Football Hedging - Platinum Package
>>
>> Platinum Support - Monthly payment
>> (first 30 days FREE)
>>
>>
>> Unit Price
>>
>> £1,597.00
>>
>>
>> £121.00
>>
>>
>>
>> Amount You Pay Today
>> £1597.00
>>
>> Ongoing Payments:
>> £121.00 Monthly
>>
>> (first payment 30 days from order, and recurring monthly until cancelled by you)
>>
>> all prices are inclusive of V.A.T. where applicable
>> Important - All Football Hedging System purchases are subject to the Terms & Conditions as listed below:
>>
>> Many Thanks For Your Order
>>
>> Waverley Media Ltd (Markiteer)
>> Waverley Farm
>> Waverley Lane
>> Farnham, Surrey GU9 8EP
>> United Kingdom
>>
>> Tel: 01252 784390
>> Fax: 01252 781130
>> email:***@******.***
>>
>>
>> Registered in England & Wales No.(###) ###-####VAT No.###-##-####>> Terms and Conditions for the Purchase of ***** *****'s Zero Risk Football Hedging System and use of the website
>> http://helpdesk.football-hedging-system.com
>>
>> Background
>>
>> This agreement applies between you the User of the Web Site, and Waverley Media Ltd (and its subsidiary Markiteer Ltd), together the owners of the Web Site. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these Terms and Conditions, you should not purchase ***** *****'s Zero Risk Football Hedging System, and you should stop using the Web Site immediately.
>>
>> ***** *****'s Zero Risk Football Hedging System is a joint venture partnership between Waverley Media Ltd, its subsidiary Markiteer Ltd, and ***** *****.
>>
>> Definitions and Interpretation
>>
>> In this Agreement the following terms shall have the following meanings:
>>
>> The term 'you' refers to the user or viewer of our website.
>>
>> "Content"
>>
>> Means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;
>>
>> "The Company"
>>
>> Means Waverley Media Ltd and its subsidiary Markiteer Ltd, of Waverley Farm, Waverley Lane, Farnham, GU8 9EP
>>
>> "The Programme"
>>
>> Means your purchase of and any subscriptions to ***** *****'s Zero Risk Football Hedging System, the methods taught by ***** ***** as part of the System, which are provided via the website http://helpdesk.football-hedging-system.com, and all support and services provided via http://helpdesk.football-hedging-system.com, personal email, and any face-to-face training.
>>
>> "Service"
>>
>> Means collectively any online (paid or otherwise) facilities, tools, services or information that The Company makes available through the Web Site either now or in the future;
>>
>> "System"
>>
>> Means any online communications infrastructure that The Company makes available through the Web Site either now or in the future. This includes, but is not limited to, downloadable PDF or MP3, video, web-based email, message boards, webinars, live chat facilities and email links;
>>
>> "User"/"Users"
>>
>> Means any third party that accesses the Web Site and is not employed by The Company and acting in the course of their employment; and
>>
>> "Web Site"
>>
>> Means the website that is used to access the Service (http://helpdesk.football-hedging-system.com, www.football-hedging.com, or www.football-hedging.co.uk ) and any sub-domains of these sites unless expressly excluded by their own terms and conditions;
>>
>> · "Member’s Area"
>>
>> Means areas of the website reserved for those who have made a purchase and which contains downloadable content and any future additional services.
>>
There was no mention of the Guarantee conditions until I received the above.
Expert:  F E Smith replied 10 months ago.

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.

Customer: replied 10 months ago.
Sorry it would appear there was to many lines of text. this is the following text.
• “Subscription”Means the contract you have entered into with The Company to pay for ***** *****'s Football Hedging System as follows:
• Platinum Option subscribers: You will pay £1597 up-front at point of purchase. After 30 days, you will pay £121 every 30 days, representing £79 per month for support to be delivered via the website http://helpdesk.football-hedging-system.com and personal email, and a further £42 every 30 days for Tony’s email recommendations. You may cancel both of the ongoing subscription payments, or just the payment for the email recommendations, after 145 days, but not before.•
All amounts shown above are inclusive of VAT.
You may use your login details to access the Programme from one geographical location at a time.
Any user found to be sharing their subscription with one or more third parties, or found to be logged in to the Website from multiple locations at the same time will have their subscription suspended and their user account locked. No refunds will be available to users found to have violated these terms under any circumstances including the 145 Day Money-Back Guarantee.
Your Right to Cancel your OrderUnder the Consumer Contracts Regulations, you have 14 days from the date of purchase in which to cancel your purchase of the Programme and receive a refund, providing you have not accessed the members area by logging in to http://helpdesk.football-hedging-system.com or, in the case of Diamond purchasers, attended the Training Day. Refunds will be processed within 14 days of your cancellation.You may cancel by sending an email to us at:***@******.*** or by printing off the cancellation form and posting or faxing it to us.Once you have accessed the members area you may no longer claim a refund under the Consumer Contracts Regulations.Otherwise, refunds are only available under the terms of the 145-day Money-Back Guarantee.No other refunds are available for any reason whatsoever.
Expert:  F E Smith replied 10 months ago.

Thanks.

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.

F E Smith, Advocate
Category: Law
Satisfied Customers: 9032
Experience: I have been practising for 30 years.
F E Smith and 3 other Law Specialists are ready to help you
Customer: replied 10 months ago.
Ok thank you for your help.

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