Purchase by Juvenile.

[geoffrey]

A girl aged 15 thought that a small booklet advertised on the internet was free. She ordered a copy but it included a bill for £27.50. She cannot pay and her parents refuse to pay as they should not have supplied a juvenile and as the price (an absurdly high price) was only shown in very small print. What does the law say on this? The company have refused to accept it back as they have a 'no refunds' policy.


P.S. I assist with a voluntary confidential advice line for children and young people and find your replies most helpful, not least because I only send you the complicated questions1

many thanks to you all.

[Wombats]

Re: Purchase by Juvenile.

I applaud your good work. What is the name of the charity(?) for which you work voluntarily? It sounds very purposeful and worthwhile.

Part of your answer can be found by Googling Distance Selling Regulations hub (there's a similar hub for the Sale of Goods Act which may be a useful resource for you too).

Usually there would be something where you have to declare you are over 18 to purchase the material. If the girl ticked a box to say she was, then she would have been committing an offence, though I am unsure exactly what offence it would be.

The issue of payment is another area altogether. How was she expecting to pay for it having bought it? This is possibly the more serious element in this issue in my opinion. It will be interesting to see what others say.

[des8]

Re: Purchase by Juvenile.

The Distance Selling Regulations have been replaced by the Consumer Contracts Regulations.
These allow the buyer 7 days from receipt of the goods in which to return them at the buyer's expense

You might find this link useful
http://www.which.co.uk/consumer-righ...ng-regulations


The company may have refused to accept it back (was it actually sent to them or was this a phone discussion?) and has it actually been paid for?
IMO, assuming it hasn't been paid for, the pamphlet should be returned (signed for), explaining the company had not fully explained the buyers rights about returning the goods, and hence its late return.
In all honesty does anyone think the company will risk court action to recover £27.50 when they actually have the goods back!

[Wombats]

Re: Purchase by Juvenile.

You might find this link useful
http://www.which.co.uk/consumer-righ...ng-regulations

I get, "The page you were looking for doesn't exist" clicking that link. masred:

[stevemLS]

Re: Purchase by Juvenile.

Are these all hypothetical queries, Geoffrey?

If so, I won't waste my time with them.

In this instance, a juvenile lacks capacity to enter into contracts (apart from "necessities" and so any contract purported to have been created is voidable.

If they have deceived the other side into entering into the contract the position may be different.

[Wombats]

Re: Purchase by Juvenile.

Are these all hypothetical queries, Geoffrey?

If so, I won't waste my time with them.

In this instance, a juvenile lacks capacity to enter into contracts (apart from "necessities" and so any contract purported to have been created is voidable.

If they have deceived the other side into entering into the contract the position may be different.

I wondered the same, but was pleased to see this posted last night which answers your question.

P.S. I assist with a voluntary confidential advice line for children and young people and find your replies most helpful, not least because I only send you the complicated questions1

many thanks to you all.

[stevemLS]

Re: Purchase by Juvenile.

Thank you Wombats, missed that.

[des8]

Re: Purchase by Juvenile.

Try this:
http://www.which.co.uk/consumer-righ...ts-regulations

[Wombats]

Re: Purchase by Juvenile.

Try this:
http://www.which.co.uk/consumer-righ...ts-regulations

Nope! I've even tried copying and pasting into a new window. Might be a Firefox thing!

[MissFM]

Re: Purchase by Juvenile.

Nope! I've even tried copying and pasting into a new window. Might be a Firefox thing!

It works on Firefox for me, Wombats (the second one) :santa_wink

[Wombats]

Re: Purchase by Juvenile.

It works on Firefox for me, Wombats (the second one) :santa_wink

It clearly doesn't like me! Bah humbug! mashappy:

[MissFM]

Re: Purchase by Juvenile.

It clearly doesn't like me! Bah humbug! mashappy:

Far more likely that you have over-zealous security settings :3560_7606: x

[Kati]

Re: Purchase by Juvenile.

.....

Information you should expect

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, as they are referred to in full, require traders to give you certain information.
The specific information varies depending on whether the sale is made at a distance or face-to-face or in store.
At a distance or face-to-face off-premises The following key information has to be given:
• a description of the goods or service, including how long any commitment will last on the part of the consumer
• the total price of the goods or service, or the manner in which the price will be calculated if this can’t be determined
• cost of delivery and details of who pays for the cost of returning items if you have a right to cancel and change your mind
• details of any right to cancel - the trader also needs to provide, or make available, a standard cancellation form to make cancelling easy (although you aren’t under any obligation to use it)
• information about the seller, including their geographical address and phone number
• information on the compatibility of digital content with hardware and other software is also part of the information traders are obliged to provide

Delivery of key information

Failure to provide the required information, or to provide it in the way set out in the regulations, could result in cancellation rights being extended by up to a year.
The information should be given on paper unless you agree to take it on some other 'durable medium' like email, for example.
It can be provided in a way appropriate to the means of communication, so verbally if the contract is made by phone.
You are also entitled to confirmation of the contract and if the information wasn’t initially provided in a durable form, the trader must provide it at the point of confirmation.

Cancelling goods

Your right to cancel Your right to cancel an order for goods starts the moment you place your order and ends 14 days from the day you receive your goods.
If your order consists of multiple goods, the 14 days runs from when you get the last of the batch.
This 14 day period is the time you have to decide whether to cancel, you then have a further 14 days to actually send the goods back.
Your right to a refund You should get a refund within 14 days of either the trader getting the goods back, or you providing evidence of having returned the goods (for example, a proof of postage receipt from the post office), whichever is the sooner.
A deduction can be made if the value of the goods has been reduced as a result of you handling the goods more than was necessary.
The extent to which a customer can handle the goods is the same as it would be if you were assessing them in a shop.

[Wombats]

Re: Purchase by Juvenile.

What a gem this lady is!

[des8]

Re: Purchase by Juvenile.

6.40pm and just got back
Thanks Kati.... I missed all the can...can't...try this ......................