Please help - Juice Plus product refund

Dionnejane1970

I have ordered a juice plus kit, i received it yesterday, but have found that it contains Soya (i have an intollerence to). I have not opened any of the sachets of product. I have explained to the rep and have asked if i can send it back and get a refund. First payment was taken out 26 Nov. I appreciate i may have to forfit this payment but i have another 3 months payments left to pay (you order the products and they spread the cost over 4 months). Am i entitled to get a refund? (I appreciate it was my error on not researching the ingredients thoroughly).

Big_Graeme

If you ordered it online then you can return it for a full refund.

dlusman

Big_Graeme wrote: »

If you ordered it online then you can return it for a full refund.

I thought food items where excluded from this online purchase = automatic right to a refund ?

bris

10. Exclusion of the right of withdrawal:
The right of withdrawal does not exist, upon delivery of sealed goods, which are not suitable for return due to health or hygiene reasons. The same applies to perishable goods, whose expiration date has exceeded. If the purchaser is not a consumer (e.g. Juice PLUS+ Franchise Partner) he has no right of withdrawal.


You will not be able to return this delivery however
5. Home-Delivery-Service-Contracts:
5.1. Home-Delivery-Service-Contracts (delivery every 1, 2, 3 or 4 months) are concluded for an indefinite period of time. Both parties can cancel this contract with a term of 30 days before the next delivery date. Cancellation requires written form.


It looks like you can cancel the future deliveries.

tomtontom

For the ones you've already got they sell well on eBay.

pinkshoes

Where did you buy it from? Are the ingredients listed clearly anywhere on their website?

If so, then just sell it on ebay.

If not, then you might have a case.

wealdroam

dlusman wrote: »

I thought food items where excluded from this online purchase = automatic right to a refund ?

Certainly "the supply of goods which are liable to deteriorate or expire rapidly" are excluded from the right to cancel, but that does not mean that all food is excluded.

George_Michael

bris wrote: »

10. Exclusion of the right of withdrawal:
The right of withdrawal does not exist, upon delivery of sealed goods, which are not suitable for return due to health or hygiene reasons. The same applies to perishable goods, whose expiration date has exceeded. If the purchaser is not a consumer (e.g. Juice PLUS+ Franchise Partner) he has no right of withdrawal.


You will not be able to return this delivery however
5. Home-Delivery-Service-Contracts:
5.1. Home-Delivery-Service-Contracts (delivery every 1, 2, 3 or 4 months) are concluded for an indefinite period of time. Both parties can cancel this contract with a term of 30 days before the next delivery date. Cancellation requires written form.


It looks like you can cancel the future deliveries.

They appear to have conveniently omitted a few words from the actual legislation when stating that the goods can't be returned due to health & hygiene reasons.


(a)in the case of a contract for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, if they become unsealed after delivery;
http://www.legislation.gov.uk/uksi/2013/3134/regulation/28/made
so providing that the shipment already received is still sealed and hasn't passed its expiry date and it was ordered at a distance then there is nothing in the Consumer Contract regulations preventing their return.