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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 73810
Experience:  Qualified Solicitor
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It's in the UK, the company is located in England,

Customer Question

Hi, Hi Pearl,
JA: Where is this? It matters because laws vary by location.
Customer: It's in the UK, the company is located in England
JA: What steps have been taken so far?
Customer: Gloucester
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: It's to do with the money return for the digital product, a langiage course, the access to ebooks, recordings, language platform.
Submitted: 5 days ago.
Category: Law
Expert:  Ben Jones replied 5 days ago.

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Expert:  Ben Jones replied 5 days ago.

Please provide some more details of your circumstances.  Please note this is not always an instant service and I may not be able to reply immediately. However, rest assured that I am dealing with your question and will get back to you today. Thanks

Customer: replied 5 days ago.
Hi Ben, thank you for your assistance
Customer: replied 5 days ago.
We run the online language teaching platform. Our client requested a money refund for the access to our digital products she purchased 6 months ago. She paid her first monthly fee and she decided to close end her subscription the very same day she bought our digital products
Customer: replied 5 days ago.
It was few hours after opening setting up her account on our planform. We saw her email te next day and closed her account that day. It was 6 months ago and after that time, just recently she claimed her money back as she realised it was not returned. In our terms and conditions it states that digital products which has been accessed cannot be returned. She set up an account on hour platform which means that she had access to all our courses, ebooks, audiobooks for few hours. She claims the hasn't been using it, just checked and decided the product is not for her.
Customer: replied 5 days ago.
she asked for closing her account and we did that straight away, but now we cannot verify to what extend the client used the planform for the few hours she had an access to it. My question is, are we ok to refuse the moneny claim?
Customer: replied 5 days ago.
Or is there any justyfication for client's claim and the money should be returned?
Expert:  Ben Jones replied 5 days ago.

Thank you very much for clarifying. Consumers have certain legal rights when they make a purchase for goods or services from a business seller. In these circumstances, the rights are determined by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. In case you want to refer to them directly, they can be found here:

https://www.legislation.gov.uk/uksi/2013/3134/contents/made

Once a purchase has been made, certain cancellation rights may apply, depending on the circumstances:

- Contracts for services entered off the trader’s premises or at a distance – a cooling off period of 14 days after the day the contract was entered into. However, in the case of digital content, if it is agreed that it can be accessed by the consumer in these first 14 days, the cooling off period is brought forward to the moment when the content is accessed.

You need to have specifically mentioned in the contract that the customer loses their cancellation rights by accessing the content. The only way the customer can then try and still cancel to get their money back is if they can show that the services were not as described and did not match what was promised, rather than simply changing their mind.

Expert:  Ben Jones replied 5 days ago.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Customer: replied 5 days ago.
than you Ben. The client simply changed her mind as she sai it was not the kind of course she expected.
Customer: replied 5 days ago.
Whe have it specified in the contract that the client looses the cancellation rights after 'starting using' the product
Customer: replied 5 days ago.
the client claims that she doesn't think accessing the platform can be treated as 'using' the product. Any clarification on that, please?
Customer: replied 5 days ago.
Are we right to treat setting up an account, accessing the planform and having a look at the content as using the product?
Customer: replied 5 days ago.
as I'm saying, after 6 monthts we are not able to verify to what extend the product was used. Also, does the time of the money return request matter in any way? Which is 6 months after the cancellation
Expert:  Ben Jones replied 5 days ago.

It is standard for digital content to be considered as ‘used’ once it is accessed – after all there is nothing stopping the person from downloading it or saving it or screenshotting it to get the value of it, whilst asking for a refund. That is why once it is accessed, it is generally considered it is used and no longer subject to cooling off cancellation rights.

Customer: replied 5 days ago.
This is exactly what we thought, however we preferred to make sure. That was really helpful Ben, thank you so much.
Expert:  Ben Jones replied 5 days ago.

You are most welcome. If you have any further questions about this then please do not hesitate to get back to me and I will be glad to help. All the best