Seven day cooling off period -
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- Re: Seven day cooling off period -
Seven day cooling off period -
23-02-2009 5:45 PM
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I've just read an article which says that :
"The new regulations mean that businesses that sell goods or services at peoples homes must give their customers a seven day cooling off period, during which time the customer can cancel without penaties.
This period begins when the customer recives a written notice of their riight to cancel the contract. If no such notice is provided, then the cooloing off period continues until seven days after such notice is provided."
So presumably this applies to people signing up for new or amended ISP services ?.
I'm not sure if this is UK wide - or just England & Wales, Scotland or Northern Ireland.
I assume it's UK - as it's a European Directive.
http://www.ukecc.net/sub.asp?id=206
Re: Seven day cooling off period -
23-02-2009 5:55 PM
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When you sign up for an ISP the first thing they do is send you the written right to cancel the contract by email and then do nothing which will cost them money until after 7 days.
Re: Seven day cooling off period -
23-02-2009 5:59 PM
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like those electric bed people that come round to peoples houses and do pressure selling on pensioners
Re: Seven day cooling off period -
23-02-2009 6:03 PM
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and it is part of the distance selling regulations
Quote When purchasing services consumers are given the same rights to cancel the contract however the cooling off period begins the day after the service is agreed or the day that the necessary information is received (whichever is later). The trader must provide the consumer with additional information if the service is due to start within the cooling off period. The consumer must be told that if they agree for the service to start within the cooling off period the contract then cannot be cancelled once performance of the service has begun.
Re: Seven day cooling off period -
23-02-2009 6:04 PM
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Re: Seven day cooling off period -
23-02-2009 10:39 PM
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Quote Exceptions to the right to cancel
13. — (1) Unless the parties have agreed otherwise, the consumer will not have the right to cancel the contract by giving notice of cancellation pursuant to regulation 10 in respect of contracts—
(a) for the supply of services if the supplier has complied with regulation 8(3) and performance of the contract has begun with the consumer’s agreement before the end of the cancellation period applicable under regulation 12;
Regulation 8(3) talks about the notification of the cancellation rights in writing "or another durable medium" I'm afraid pd that a web site isn't considered durable (as we've seen over the last few days, sections can appear and disappear on a whim), so the web page on its own wouldn't be enough. An email containing the terms and conditions would be. I can't remember if I got an email like that, my activation was a very long time ago.
John
Re: Seven day cooling off period -
24-02-2009 10:28 AM
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I appreciate and agree that merely having them on a website is not enough, but in order to sign up for our products (which includes account changes) you have to agree to them before placing an order.
Re: Seven day cooling off period -
24-02-2009 1:04 PM
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I'm not arguing. As I said I don't remember the email, but that doesn't mean I didn't get one. Presumably from what you're saying, if I moved to one of the new products, I would get an email saying that it was going to happen, which would include a copy of the T&C's.
John
edited to remove a possibly contentious point.
Re: Seven day cooling off period -
24-02-2009 1:07 PM
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When you change your product (or if you sign up for a new one) there's a tick box that needs to be selected which state that you have agreed to the terms and conditions (which are shown below on the same page) before you can complete the sign up or product change.
If you sign up over the phone, the CSC will give you a breakdown of the terms and conditions as well as putting them on a ticket on your account.
Re: Seven day cooling off period -
24-02-2009 2:21 PM
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Quote from: hulls
Regulation 8(3) talks about the notification of the cancellation rights in writing "or another durable medium" I'm afraid pd that a web site isn't considered durable (as we've seen over the last few days, sections can appear and disappear on a whim), so the web page on its own wouldn't be enough. An email containing the terms and conditions would be. I can't remember if I got an email like that, my activation was a very long time ago.
John
That's where it falls down I'm afraid. Cancellation rights must be notified in writing (i.e on paper) or some other durable medium such as an email.
It's not sufficient to say that someone ticked the box to say they'd read them (no-one ever does), or that they were given a verbal breakdown of them (people never listen). The legislation is quite specific (and it's been tested in court) in writing, or by email is ok, verbally or on a website (or for that matter by text) isn't.
It's quite easy to comply. When you send the confirmation email to customers, include a copy of the T&Cs either in the email itself, or as a pdf attachment.
John
Re: Seven day cooling off period -
24-02-2009 2:28 PM
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For online sign ups, they receive a welcome email, which refers them to the terms and conditions.
Otherwise, if they call up and sign up or upgrade, we'll send them in a ticket, which results in an email being sent.
Re: Seven day cooling off period -
24-02-2009 2:40 PM
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Quote from: Jameseh
For online sign ups, they receive a welcome email, which refers them to the terms and conditions.
Otherwise, if they call up and sign up or upgrade, we'll send them in a ticket, which results in an email being sent.
Hi James, sorry to be a pain about this, but referring to the T&Cs isn't sufficient. The requirement is that the customer is given a copy of their cancellation rights in (I'm sorry to keep repeating it) writing or some other durable medium.
I suspect the text of your welcoming email contains something like: "If you wish to cancel this order ..."
If you like, you could confirm it with your local Trading Standards people. I know they're pretty good up there.
John
Re: Seven day cooling off period -
24-02-2009 2:46 PM
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I'll confirm.
Re: Seven day cooling off period -
24-02-2009 3:35 PM
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In pointing this out - I wasn't trying to be awkeward - honest.
But I didn't remember seeing anything like it in the welcoming email. So I thought it might be adviseable to check with your legal / commercial people.
Re: Seven day cooling off period -
24-02-2009 4:33 PM
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- Re: Seven day cooling off period -