I bought the wrong thing? Can I cancel? Refund?

the_matrix

Hi

I was trying to transfer my domain to another host via nominet. Unfortunately I selected the wrong option. I instead selected the option to change the name of the owner. I did this over the internet today.

1. Is this classed as goods or service?
2. I haven't taken up the service. The account holder name is the same. Can I get a full refund as done online within seven days.

Cheers :beer:

Bye

agrinnall

Have you asked whoever the payment was made to? If they say they'll refund, then the answer to Q2 is Yes, if they refuse then that is the time to be asking the forum for their views.

wealdroam

the_matrix wrote: »

Hi

I was trying to transfer my domain to another host via nominet. Unfortunately I selected the wrong option. I instead selected the option to change the name of the owner. I did this over the internet today.

1. Is this classed as goods or service?
2. I haven't taken up the service. The account holder name is the same. Can I get a full refund as done online within seven days.

Cheers :beer:

Bye

I would suggest that it is a service you have requested.

I would also expect a clause in their T&Cs, which no doubt you agreed to at the time of making the request, to say something like you agree to them starting to provide the service before the normal cancellation period expires.
This would mean that you cannot get a refund under Distance Selling Regulations.

Having said all that... no harm in asking, is there?

the_matrix

I asked no reply.

the_matrix

wealdroam wrote: »

I would suggest that it is a service you have requested.

I would also expect a clause in their T&Cs, which no doubt you agreed to at the time of making the request, to say something like you agree to them starting to provide the service before the normal cancellation period expires.
This would mean that you cannot get a refund under Distance Selling Regulations.

Having said all that... no harm in asking, is there?

Wouldn't that be unlawful as Distance Selling Regulations are statutory rights.

arcon5

the_matrix wrote: »

Wouldn't that be unlawful as Distance Selling Regulations are statutory rights.

DSRs have a provision covering services which start immediately or within the 7 working days. Your right to cancel ends when the service begins.

bris

Is it a business to business transaction, if your site is in any way business related then DSR does not appy regardless if the service has started or not.

wealdroam

the_matrix wrote: »

Wouldn't that be unlawful as Distance Selling Regulations are statutory rights.

Indeed they are, but as Arcon says, if the buyer agrees that the service can start before the normal cancelling period ends, then the buyer loses the right to cancel as soon as the service starts.

From The OFT's guide to the DSRs:

How do I make sure consumers do not cancel a service contract after I have started work?
3.25 Once you have started work or begun to provide a service the consumer is contractually bound to honour his part of the contract so long as you:
■ had their agreement to start the service
■ provided them with the required written information in advance of your starting, and
■ told them that their cancellation rights will end as soon as you do start carrying out the contract.

System

It is an existing service that is being changed. Nominet are purely the registraion body. OP is amending the details of a current domain to effect a transfer. I do not see DSRs applying here.

wealdroam

!!!!!! wrote: »

It is an existing service that is being changed. Nominet are purely the registraion body. OP is amending the details of a current domain to effect a transfer. I do not see DSRs applying here.

But the service the OP has purchased in error is "the option to change the name of the owner of the domain".

How can that be an existing service?

Nominet have provided the requested service.
The OP has decided not to use the service he purchased.