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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 32218
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I wanted to know some things about my rights as a consumer i

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Hello. I wanted to know some things about my rights as a consumer i paid for a gym trainer Level 3 course to a company and right after i paid them i called them up to down grade my course to a L2 fitness instructor course.
JA: Because education law varies from place to place, can you tell me what location this is in?
Customer: the employee told me in Wednesday to think untill monday and call them back if i still want to downgrade this is in St. Albans united kingdom
JA: Have you contacted the seller or manufacturer?
Customer: yes i called them the very next day i.e. Thursday and told them that i have made up my kind and i want downgrade my course they told me that i am not eligible for a downgrade or a refund because i already logged in once in their portal
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: and also they said to me that i have signed an enrollment form which waves off the 14 day cool off period

Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.

I am sorry to read of the above. May I confirm the date you placed the order please?

Customer: replied 13 days ago.
I placed the order on Tuesday 14/06/2022
Customer: replied 13 days ago.
i called up for a downgrade on Wednesday and i didnt sign any form or didn’t get any login details
Customer: replied 13 days ago.
Till then
Customer: replied 13 days ago.
I think i am being forcefully pulled into wasting my money and i should get a full refund of my amount
Customer: replied 13 days ago.
1360£

Thank you. The starting point is you have 14 days to change your mind having entered into a contract in circumstances where you place the order online as opposed to by contrast for example at the supplier's place of business under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

It is not possible for a trader to waive your rights by reference to a clause or contractual provision. Under regulation 36, of the above regulations, it is possible for a trader to make a charge for services which are provided before you cancel in the circumstances where they have provided all of the relevant information from the below list, and obtained you express request to carry out the services within the 14 day cancellation period by having you sign an express request to do so. It is important to note, that the right to charge for any service carried out does not apply where they have not satisfied the requirement to provide you with all of the relevant below information. accordingly, you still have the right to cancel, and in respect of any service that is not yet been carried out, you would be due a refund. In respect of any service that has already been carried out, if you have been provided with all of the below information, the trader could make a charge but you would still be entitled to dispute the quality of service and the trader cannot make a charge for all of the service but rather only a proportion of service that has been carried out to date.

a quite separate set of regulations apply in the form of the consumer protection from unfair trading regulations which provide that if the company has made a false representation in order to induce you to agree a contract with them, this is a banned practice and gives you a right to unwind the contract and demand a full refund within the first three months following entering into the contract. This is a quite separate set of regulations to the above and either can be pursued individually or jointly.

The information referred to above is the following list:

(a)the main characteristics of the goods or services, to the extent appropriate to the medium of communication and to the goods or services;

(b)the identity of the trader (such as the trader's trading name);

(c)the geographical address at which the trader is established and, where available, the trader's telephone number, fax number and e-mail address, to enable the consumer to contact the trader quickly and communicate efficiently;

(d)where the trader is acting on behalf of another trader, the geographical address and identity of that other trader;

(e)if different from the address provided in accordance with paragraph (c), the geographical address of the place of business of the trader, and, where the trader acts on behalf of another trader, the geographical address of the place of business of that other trader, where the consumer can address any complaints;

(f)the total price of the goods or services inclusive of taxes, or where the nature of the goods or services is such that the price cannot reasonably be calculated in advance, the manner in which the price is to be calculated,

(g)where applicable, all additional delivery charges and any other costs or, where those charges cannot reasonably be calculated in advance, the fact that such additional charges may be payable;

(h)in the case of a contract of indeterminate duration or a contract containing a subscription, the total costs per billing period or (where such contracts are charged at a fixed rate) the total monthly costs;

(i)the cost of using the means of distance communication for the conclusion of the contract where that cost is calculated other than at the basic rate;

(j)the arrangements for payment, delivery, performance, and the time by which the trader undertakes to deliver the goods or to perform the services;

(k)where applicable, the trader's complaint handling policy;

(l)where a right to cancel exists, the conditions, time limit and procedures for exercising that right in accordance with regulations 27 to 38;

(m)where applicable, that the consumer will have to bear the cost of returning the goods in case of cancellation and, for distance contracts, if the goods, by their nature, cannot normally be returned by post, the cost of returning the goods;

(n)that, if the consumer exercises the right to cancel after having made a request in accordance with regulation 36(1), the consumer is to be liable to pay the trader reasonable costs in accordance with regulation 36(4);

(o)where under regulation 28, 36 or 37 there is no right to cancel or the right to cancel may be lost, the information that the consumer will not benefit from a right to cancel, or the circumstances under which the consumer loses the right to cancel;

(p)in the case of a sales contract, a reminder that the trader is under a legal duty to supply goods that are in conformity with the contract;

(q)where applicable, the existence and the conditions of after-sale customer assistance, after-sales services and commercial guarantees;

(r)the existence of relevant codes of conduct, as defined in regulation 5(3)(b) of the Consumer Protection from Unfair Trading Regulations 2008, and how copies of them can be obtained, where applicable;

(s)the duration of the contract, where applicable, or, if the contract is of indeterminate duration or is to be extended automatically, the conditions for terminating the contract;

(t)where applicable, the minimum duration of the consumer's obligations under the contract;

(u)where applicable, the existence and the conditions of deposits or other financial guarantees to be paid or provided by the consumer at the request of the trader;

(v)where applicable, the functionality, including applicable technical protection measures, of digital content;

(w)where applicable, any relevant compatibility of digital content with hardware and software that the trader is aware of or can reasonably be expected to have been aware of;

(x)where applicable, the possibility of having recourse to an out-of-court complaint and redress mechanism, to which the trader is subject, and the methods for having access

Customer: replied 13 days ago.
This is my hard earned money so i want to know my rights to get a refund from origym
Customer: replied 13 days ago.
They say That i have signed an online legal contract with restricts me to get a full refund or downgrade my course.
But the truth is that i called them and asked to downgrade my course even before i got this contract in my mail.
I am being forcefully pulled into this and i can also prove this if they hear my phone calls with their employee on the very next day of payment

I hope the above is of some assistance but if you have any further questions, please revert to me.

Customer: replied 13 days ago.
Origym has asked for 10 days to review my phone calls with their employee.
Should i wait for them to review or i should just inform my bank about this
Customer: replied 13 days ago.
Should i get my money back through my bank ?

it is critical that you have served a written notice to cancel your order within 14 days of the original date you placed an order as this is how you enforce your rights under the above cancellation regulations. If you do not or have not already served a written notice providing an unequivocal notice of your cancellation, then you risk running over the 14 day deadline and losing the right to cancel.

Providing you have sent such a notice and have retained evidence that you did so, then it would not subsidy matter if they take some additional time to provide you with an answer.

Customer: replied 13 days ago.
I have already served them a written Mail which clearly states that i want to cancel my order withing 4 days of placing it.
Customer: replied 13 days ago.
Do i need to do anything else ?

providing the notice was unequivocal - i.e left no room for doubt in this respect - and you have evidence that the notice was sent - e.g. a sent email record or proof of posting if you sent it by letter along with a copy of the notice then there is no need as above to repeat the exercise. If you have not kept evidence so that potentially for example the gym could dispute that they have received such a notice, then it would be worth sending the notice again this time ensuring you retain evidence that it was sent.

Customer: replied 13 days ago.
Alright

I'm glad the above answers all your questions for now. If you have any follow up questions please revert to me.

Customer: replied 13 days ago.
Surely thanks

I'm very glad the above was of some assistance

I hope I was able to answer your question. If you would like to ask me another question in the future, you can add me as a favourite Expert. You'll have the option to do that on your "My Questions" page if you choose to rate our interaction or you can request me by name if you wish. Thank you again for visiting JustAnswer and see you again in the future I hope.

Customer: replied 9 days ago.
Helloh
Customer: replied 9 days ago.
Are you there ?
Customer: replied 9 days ago.
I was talked into signing the contract on my email in which i ticked a box that waves off my 14 day cool off period.
Though before signing the contract i called up the same employee who enrolled me and told him to downgrade my course.
Does that ticked box waves off my right completely and i loose my money
If you enter a contract as a consumer you cannot waive your 14 day cooling off period.you can ask a trader to start providing a service early and owe them for the service within 14 days but you cannot be asked to waive your right entirely
Customer: replied 9 days ago.
But thats what origym says, that by signing the contract i waived off my 14 days cooling off period and i m not eligible for a refund at all.
I didn’t even use their service even once and also my bank says that because i have signed the 14 day cooling off period i cant dispute the transaction
Customer: replied 9 days ago.
What should i do ? I need my money back and is very important for me

It's a common misconception by traders that they can get customers to waive cancellation rights but it's simply not true. You can ask them to start service early and then they can deduct pro rata service provided within 14 days. It does not mean you can't still cancel.

See para 21 on page 22:

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/429300/bis-13-1368-consumer-contracts-information-cancellation-and-additional-payments-regulations-guidance.pdf

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