Distance Selling Clarification

Verteran

Hi. Here is a quote from your guide ...

Buying on the web > Buying at a distance > Exceptions

"... a service that has already started cant be cancelled"

I sell "rights" over the internet

What my customer buys from me, what they are actually paying for, are the lifetime RIGHTS to copy the materials (CDs / DVDs etc)

They receive a rights certificate to prove they have bought the rights (they didnt buy the certificate itself per se, that just certifies they own the rights)

I also include a 'production master' of whatever they bought copy rights to, at no charge, from which they can make copies

They have not bought physical goods, as they are included at no cost with the rights (as might a piece of software be included at no cost to enable consuption of a paid upload service for instance)

Heres my question:

Have they bought a "service"?

If NOT, then what have they bought?

Thanks

squeaky

Verteran wrote: »

Hi. Here is a quote from your guide ...

Buying on the web > Buying at a distance > Exceptions

"... a service that has already started cant be cancelled"

I sell "rights" over the internet

That's not in the Read Me thread - presumably it is on one of the various web pages that we have linked to.

Can you post the link that you are querying please?

Verteran

Hi Squeaky

I would love to post the link, but the forum script wont allow it, so paste this after the main url closing the gaps before & after the second /

/shopping / consumer-rights-refunds-exchange#web

squeaky

The article then is this one...?

http://www.moneysavingexpert.com/shopping/consumer-rights-refunds-exchange#web

To save your query getting lost in the middle of several others I'm going to move these posts into a thread of their own. I'll use your title - so please wait and watch the main listing page for the new thread.

That way it will be easier for someone to answer.

Optimist

Verteran wrote: »

Hi. Here is a quote from your guide ...

Buying on the web > Buying at a distance > Exceptions

"... a service that has already started cant be cancelled"

I sell "rights" over the internet

What my customer buys from me, what they are actually paying for, are the lifetime RIGHTS to copy the materials (CDs / DVDs etc)

They receive a rights certificate to prove they have bought the rights (they didnt buy the certificate itself per se, that just certifies they own the rights)

I also include a 'production master' of whatever they bought copy rights to, at no charge, from which they can make copies

They have not bought physical goods, as they are included at no cost with the rights (as might a piece of software be included at no cost to enable consuption of a paid upload service for instance)

Heres my question:

Have they bought a "service"?

If NOT, then what have they bought?

Thanks

My view would be that you are providing a service however your quoted exception is not quite correct in that the consumer needs to agree to starting the service early and you need to have made it clear in writing that the by starting the service early cancellation rights end.

Verteran

Optimist wrote: »

My view would be that you are providing a service however your quoted exception is not quite correct in that the consumer needs to agree to starting the service early and you need to have made it clear in writing that the by starting the service early cancellation rights end.

Thanks for your attention, I sure appreciate it. Im not sure I quoted an exception. The quote from the sites own article is an exception, if thats what you mean.

Why would you say the consumer needs to "agree to starting the service early" - Earlier than what my friend?

If what they are buying is reproduction rights, are they buying goods, a service, or a third un-articulated entity

If its the latter, how does that fit in with the distance selling regs exceptions as quoted here ...

<forum script removes even image links - Gawd>

Again, thanks for your attention & help :0)

Optimist

Early = before the end of the usual cancellation period ie 7 working days

mo786uk

It depends on the specifics of the product and terms and conditions

All the DSR allows is that goods or services can be cancelled in the first 7 days. The cancellation period for services can be cancelled if the consumer agrees.

So if you want your drive done and you want it done on day 4 you can give the OK and lose your right to cancel. Therefore the builder is entitled to their money if they start and finish the work within 7 days of the order.

If you are offering lifetime rights to something, again it appears they can cancel their contract with you in the first 7 days.

Presumably its a one off and requires no subscription type payment?

Too add, if its a service that doesnt mean the customer can never cancel, it depends on the terms of the contract. The DSRs just give an extra right to cancel.

unholyangel

In all cases you must also give your consumers the following
information in a durable medium:

n for services – the consequence of agreeing to a service starting
before the end of the usual seven working day cancellation
period. See paragraph 3.22 under ‘Cancellation rights’

n if a contract lasts more than a year or is open-ended, the
contractual conditions for terminating it. This safeguards you as
well as the consumer as both parties have the same information



Different rules apply to services where the consumer agrees that the
service starts before the usual cancellation period expires. These
rules are as follows.

Where you have supplied the required durable information before
the service starts and the consumer agrees to the service
starting before the end of the usual cancellation period, their
cancellation rights will end when performance of the service starts

if you do not provide the required durable information at all,
your consumer’s right to cancel ends after three months and
seven working days counting from the day after the day on which
the contract was concluded. This applies whether or not the
consumer agrees that you can start the service before the
cancellation period ends.

Oopsadaisy

So are selling those 'Improve your Life' 'Earn extra money in your spare time' CDs/DVDs/digital versions????

You know............. the ones that are on ebay for 99p inc the right to resell them on ebay for 99p inc the right to resell them on ebay for 99p inc the right to resell them on ebay for 99p inc the right to resell them on ebay for 99p inc the right to resell them on ebay for 99p inc the right to resell them on ebay for 99p thingies

shaun_from_Africa

I also include a 'production master' of whatever they bought copy rights to, at no charge, from which they can make copies

They have not bought physical goods, as they are included at no cost with the rights (as might a piece of software be included at no cost to enable consuption of a paid upload service for instance)

Why not buy some security seals, something similar to thesehttp://www.amazon.co.uk/Certificate-Authenticity-Security-Hologram-security/dp/B001OVTYRO
and send out the CD/DVD that they buyer will have toe right to copy in a disk envelope with one of these seals on.

Software & audio/video recordings that are supplied in a sealed pack are exempt from returns under the DSR's if they have been unsealed by the buyer.
You may have to change the wording of your adverts to state tha the master disk is being purchased.