Diet plan bought over the phone

seriously_skint_2

My partner has just agreed to sign up to a 5 month diet plan where most of the meals are supplied prepacked but not perishable. She has since discovered that she could have just purchased a weeks worth of food - which was what she intended to do to get back into her healthy eating habit - when she contacted the company. (She has used their diet plan before). At the time she phoned, she was told that she had to go for the complete plan. The first consignment of food arrived and she'd started using it when she revisited the website and discovered she could buy one off boxes.

She would like to cancel the five month contract which is a substantial amount of money. As she is still within the 7 days cooling off period for distance selling we think this should be possible. She is willing to pay for the box of food she received and the one that will arrive in the next day or two.

The company have already said that she can't change her mind and their terms say that if she cancels she is liable for the whole amount.

With this apparent agressive inflexibility from the company, she is in two minds whether to cancel or not, despite our understanding of the law being: she has the right to cancel within seven days.

What are people's opinions? Is she covered by law? What should we do?

cyberbob

Just quote the distance selling regulations. She has 7 days to inform them she wishes to cancel. Email them and inform them of the wish to cancel (emails count). If they keep refusing speak to Trading standards

mountainofdebt

cyberbob wrote: »

Just quote the distance selling regulations. She has 7 days to inform them she wishes to cancel. Email them and inform them of the wish to cancel (emails count). If they keep refusing speak to Trading standards

She may have had 7 days to cancel but I would argue that she no longer has this right given that she has started to use the food already supplied.

I would also argue that a contract has been formed and that as the food company is fulfilling their side of the contract (by the supplying of the food) then the OP's girlfriend has to fulfill her side - ie staying with it for the 5 months.

Personally I would have thought it more sensible to visit the website before signing up than afterwards.......the website was always more likely to give you the full range of options than a person presumably on commission.