Contradictory T&Cs - What to believe?

scullster

There is a current subscription deal I'm interested in - basically pay 12mths up front and you get a free tablet. The contract will auto-renew if you don't tell them otherwise. Personally, I'm only interested in the tablet, happy to subscribe for 12mths just to get the tablet but after that, definitely cancel.....

One condition states I can cancel at anytime, whereas a later condition states that you can only cancel 15 days before the end the minimum 12 month membership.

Surely one cannot have such obvious contradictions? Surely if I pay 12mths up front, I should be entitled to cancel at any time (as per the first condition) - the 15 day condition is potentially unfair as it could be seen as unreasonable?

unholyangel

How are the terms worded? Are they both applicable to your chose subscription package or are they for different packages perhaps?

Or does the 15 days notice relate to this being the period in which they need to be notified that you will not be renewing?

forgotmyname

You can probably cancel at any time and pay the money for the tablet if less than 12 months have passed.

You can take out a 24 month phone contract and cancel at any time you wish. They company will still want paying for the full term though.

unholyangel

forgotmyname wrote: »

You can probably cancel at any time and pay the money for the tablet if less than 12 months have passed.

You can take out a 24 month phone contract and cancel at any time you wish. They company will still want paying for the full term though.

Although this may breach unfair contract terms if it is not reflective/a genuine estimate of their actual losses.

whitegoods_engineer

This is obviously the Sun newspaper online subscription with a Nexus 7 thrown in!

I too looked at this and it is confusing.

However, they are not going to give away a £240 tablet free of charge, are they! The cancellation period presumably expires before they send out the tablet!

That't the only way this could work! Either that, or they state that the tablet is 'subject to availability' and therefore you get a subscription but no tablet!

Sounds fishy to me!

H

CoolHotCold

It appears that its a Nexus 2013 version for £80 odd quid.


Chances are The Sun have a cache of tablets cheap (due to the 2014 reportable being released soon).


So yes 12 month subscription, you must cancel 15 days before you are signed up for another 12 month subscription in 2015 and you keep the tablet.




The Sun get money from advertisement and people forgetting to cancel renewal.




The Times do something similar (but worse deal (but better newspaper) ) so it's not that uncommon.

scullster

whitegoods - quite correct...

unholyangel - there is only one subscription

question remains - how does the legal system deal with contradictory T&Cs? On the one hand they state any time, yet on the other they state 15d before end of 12mths. Surely, if they state "at any time", then any time applies - its not like the condition states " at any time except...."

unholyangel

scullster wrote: »

whitegoods - quite correct...

unholyangel - there is only one subscription

question remains - how does the legal system deal with contradictory T&Cs? On the one hand they state any time, yet on the other they state 15d before end of 12mths. Surely, if they state "at any time", then any time applies - its not like the condition states " at any time except...."

Well for one....in law either party are free to terminate a contract (but not necessarily without being responsible for the other parties losses as a result - ie for wrongful cancellation).

The second term doesnt state you can't cancel until 15 days before renewal. So I believe the term in question may mean you must cancel a minimum of 15 days before the end of your 12 month period if you do not wish to renew but it is definitely unclear and if its correct (suspected meaning), I don't believe it would stand up in court due to the fact it fails the plain and intelligible language requirement.

whitegoods_engineer

CoolHotCold wrote: »

It appears that its a Nexus 2013 version for £80 odd quid.


Chances are The Sun have a cache of tablets cheap (due to the 2014 reportable being released soon).


So yes 12 month subscription, you must cancel 15 days before you are signed up for another 12 month subscription in 2015 and you keep the tablet.




The Sun get money from advertisement and people forgetting to cancel renewal.




The Times do something similar (but worse deal (but better newspaper) ) so it's not that uncommon.

Well, on their webpage, they clearly state that the tablet is worth £239 so they must be referring to the new version of the Nexus as that is priced at £239. The older Nexus 7 is in Argos for around £130!

scullster

Well, lets see how I get on. I've had the confirmation email that the tablet will be shipped (after the initial cancellation period).

Once received, I will then advise them that I wish to cancel at the end of the 12 mth period and that I have no desire renew.

Desired outcome - Nexus 7 2013 in my sweaty mits for about £86.70 and a Sun+ subscription which I may/may not use.