Domain Name Renewal Rights

djtownson

Hi there,

A newby hoping you can help...

I have various domain names purchased and managed with 123-Reg.co.uk. I had some that were due to run out and, due to some poor interface design on the web site (that made me think I'd selected them to auto-expire), I did not proactively go and cancel them as I apparently should have done.

On this forum, I found reference to the OfT's Distance Selling Regulations which state that;

"For services: if you give your consumer the required written information on or before the day the contract is concluded, their cancellation rights will last for seven working days, counting from the day after the contract was concluded".

I informed 123-Reg of this and that I believed the £82 they'd taken from my account should be refunded but they say it does not apply to them. Their final response (after I'd suggested the law sounded like it was on my side) was:

"This does not apply on domains. Domains are bespoke products and not something as a predesigned contract like for mobile phones or cars or other factory produced products. The seven day cancellation right does not apply to trading of domains. Secondly OFT does not control the trading of domains nor they have any right over these trading. ICANN defines rules for domain registration and renewals and registry have their rules in context with ICANN. So OFT rules do not reply. Not to antagonise the situation but this will not stand in any court as OFT does not control these renewals and registration rules. There is no Law here but you were given ample time to cancel these domains. We send renewal notices 60 days before expiry. You should have cancelled it from your CP at this time. We do apologise this has happened but we are unable to offer any refund on this."

Apart from the fact that I think they've missed a customer service opportunity here (I'm now talking to others about some poor service, not how great they've been when I clearly had no need for the domains and never intended to keep them), can it be the case that the law does not apply in this case? They (and other companies like them) must be raking it in from people who don't cancel stuff.

Any insight greatly appreciated.

CoolHotCold

First off 123-Reg don;t make any money when selling Domain names (if they do its so minuscule it isn't worth it) so they arn't that bothered about loosing you.
And what they are saying is right, Domain names by their nature are personalised and theres also something else I belive in the DSR which states that if both parties go ahead and start service work before the expiry of the cooling off period ends DSR essentially become void (you can only pay what they've done or for parts or any expenses the group that was supplying the service but for domain names its all upfront)

paddyrg

At £82 they certainly are making money in most cases, certainly for any UK domains!