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Distance Selling Regulations
perrina
Posts: 15 Forumite
I am in dispute with an online dating agency whereby I wanted to exercise my right to cancel the service within 7 days as stated by the Distance Selling Regulations.
They have a clause in their terms stating that these regulations are not applicable as soon as I have used the Services. There definition being "Service(s) refers to the entirety of the Services accessible to Members, whether paid or unpaid"
My argument is that I have to use the service to know whether it is suitable for me etc. The purpose of the distance selling regulations is that I have the opportunity to examine the goods or services of something and respectably demand a refund because they're not good enough. In effect what they are saying is that once I pay for the service I cannot do anything on the site, in effect I cant use the service I have paid for to examine it. Basically, they are denying me my rights as afforded by the DSR.
Any views much welcomed.
Regards
They have a clause in their terms stating that these regulations are not applicable as soon as I have used the Services. There definition being "Service(s) refers to the entirety of the Services accessible to Members, whether paid or unpaid"
My argument is that I have to use the service to know whether it is suitable for me etc. The purpose of the distance selling regulations is that I have the opportunity to examine the goods or services of something and respectably demand a refund because they're not good enough. In effect what they are saying is that once I pay for the service I cannot do anything on the site, in effect I cant use the service I have paid for to examine it. Basically, they are denying me my rights as afforded by the DSR.
Any views much welcomed.
Regards
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Comments
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I'll think you find that the DSR's don't apply in this case...If it looks like a duck, and quacks like a duck, we have at least to consider the possibility that we have a small aquatic bird of the family anatidae on our hands
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What did you need to see to know whether it was suitable for you?!Wedding 5th September 20150
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Unfortunately you don't have a leg to stand on. Regulation 13(1)(a) of the DSR states that you lose your right to cancel where performance of the contract has begun (i.e. when you log on and use the service). Therefore their contract clause stating that you lose your right to cancel once you have used the service is entirely consistent with the DSR."MIND IF I USE YOUR PHONE? IF WORD GETS OUT THATI'M MISSING FIVE HUNDRED GIRLS WILL KILL THEMSELVES."0
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