Cancellation of an online distance learning course

[ben8719]

Hello,

I'm new to the forum, having browsed a couple of times before. I'm looking for some advice on my rights to cancel a online distance learning course I booked with itonlineleanring.com on the 23/12/2015. Since booking my circumstances have changed and I won't have time to study. So off I went to the website to find out about if it can be cancelled and I found the following in the terms and conditions link on the site which stated:

7. Cancellation

According to the Distance Selling Regulations 2000, you have a cooling off period of fourteen calendar days from receipt of goods. This period allows an unconditional right to cancel. However this excludes Audio or video recordings or software which has had its seal broken and has been opened, or the same such content in a digital download / electronic form.
We will however undertake to offer you a full refund if you notify us within 14 days of your purchase date (not course activation date) on condition that the course / study package has not been used in any way.
You will be required to make such a request in writing to us at the address on our Contact Us Page and send it to us via registered mail, and at your cost return any received materials in an unopened and unused condition. The refund will take up to 30 days to process.

So after finding this on the site I thought I was outside the cancellation period, but decided to read up on the Distance Selling Regulations 2000 as I'd not heard of it and buy a lot of products online. As I read through, from the parts that I understood, I'm now thinking I'm inside the cancellation period as I haven't been emailed or posted any rights of cancellation information. Does having it in the terms and conditions section on the website count as that? and does it need to be quoting the update regulations and details of them, and not the old ones?

Sorry for waffling but I think it's all there.

Regards,

Ben.

[EXC]

Re: Cancellation of an online distance learning course

Are you saying that you were never actually provided with the terms & conditions of your contract? If not and they just refer you to this page http://itonlinelearning.com/about-us...nd-conditions/ then they won't be compliant.

They have to provide you with the T&Cs in a durable medium ie in a format that is unalterable by them, See sec G on page 15 attached.

I think the 2000 regs they're quoting are out of date and have been superceded by those that came into effect in June 2014 but @Amethyst will know.

[ben8719]

Re: Cancellation of an online distance learning course

Thanks for the fast reply. Yes, just what I was saying, the was no mention of a right to cancel never mind a hard or digital copy sent to me. Thought I was still in my right to cancel.

[ben8719]

Re: Cancellation of an online distance learning course

[MENTION=332]EXC[/MENTION] you were right in them just pointing towards the T&Cs on their website. After pointing out they were wrong to do so I received a call from one of there managers kindly explaining that receipt of an invoice started the 14 days cancellation period. what would be the next step in this situation, as I'm not used to this sort of thing. An email was sent requesting cancellation and the email was acknoledged, course cancelled, but told no refund will be issued.

[EXC]

Re: Cancellation of an online distance learning course

Send a formal complaint saying that they have not complied with their obligations under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 by failing to provide the terms in a durable mediium and qoute the specific sections in post #20 here http://www.legalbeagles.info/forums/...686#post609686

[ben8719]

Re: Cancellation of an online distance learning course

Thank you very much [MENTION=332]EXC[/MENTION] !

[ben8719]

Re: Cancellation of an online distance learning course

[MENTION=332]EXC[/MENTION] just an update, after drafting what you showed me on the other post, I have just received an email from the course provider stating a full refund has been issued 'due to their commitment to good customer service', but a check on their T&Cs tells a different story as there seems to be some hastily copy and pasting of snippets done since this morning. But anyway, thanks alot for your help, I wouldn't have found the relevant paragraphs without it!

[EXC]

Re: Cancellation of an online distance learning course

Well done and thanks for letting us know.

This is precisely why the durable medium regulation exists, so that they can't amend the terms at will.

[Amethyst]

Re: Cancellation of an online distance learning course

Great news, well done Ben & EXC.