Cannot unsubscribe from monthly subscription box

thenewbee

I'm looking for some help. I subscribed to a 'BarkBeats' subscription box for my dog as I got a 50% discount on my first box. I ordered this in mid-November and it arrived on the 30th. I opened it up on the evening of the 30th and it was full of rubbish, definitely not worth the £19 they charge full price. So i logged on to cancel my subscription for December's box, on the 1st of December.. I emailed them and they have been infuriatingly unhelpful!

At first they said:
As you requested to cancel on Dec 1st, we did cancel your
subscription, you will receive December's box and nothing else from
that point, as you can see on our site to not receive the current
month's box cancellations need to be done before the first of the
month.

My reply was:
I understand your policy about the first of the month but I only
received November's box yesterday so how was I able to cancel in
time to not be charged for December?

They said:
actually you may cancel right after making your order, nno need to
wait until you receive your box.

I said:
Right - that's great but why would I cancel before I've received my first box? Surely the idea of ordering a box is to see what's inside before deciding to continue with the subscription?
I absolutely refuse to pay almost £20 for December's box. Please cancel this order. It is outrageous that you are refusing to do so.

They said:
we'll publish the contents of the next box (January's) on our site on December 22nd, you may cancel then.

I am furious! They took payment on the 1st of the month from my credit card, and are refusing to cancel this month's box! Money is tight and I can't really afford to waste £19 on a box of useless junk that I don't want or need! Surely there must be some rules about this?

I've just been and checked and their website states
When I join, am I committing to stay subscribed?
Please keep in mind that if you contact us before the 1st of the month, that same month will be canceled. Subscribers canceling after the 1st of a month, are cancelling the subscription for the following month.

Surely this is a bit ambiguous - the second sentence implies if you contact them on the 1st it will be cancelled whereas after the 1st it will be charged?

Any help much welcomed!

Fosterdog

You cancelled a day too late so are in a contract with them until next month. There was nothing to stop you logging in and cancelling on the 30th, the day you received the "box of junk" that made you want to cancel.

As they said the contents of the boxes is listed on the website so you would have known in advance what was going to be in the one already on its way to you and the one for this months. If the contents list didn't sound suitable you had plenty of time to cancel.

George_Michael

Fosterdog wrote: »

You cancelled a day too late so are in a contract with them until next month. There was nothing to stop you logging in and cancelling on the 30th, the day you received the "box of junk" that made you want to cancel.

All that the T&C's of the company state is that for a cancellation after the 1st of the month then that month must be paid for. However, the OP didn't cancel after the 1st, they cancelled on the 1st.

Please keep in mind that if you contact us before the 1st of the month, that same month will be canceled. Subscribers canceling after the 1st of a month, are cancelling the subscription for the following month.

As there is ambiguity over what happens with a cancellation on the 1st of the month, any decision should legally favour the consumer over the retailer.

Written contracts

7.—(1) A seller or supplier shall ensure that any written term of a contract is expressed in plain, intelligible language.
(2) If there is doubt about the meaning of a written term, the interpretation which is most favourable to the consumer shall prevail but this rule shall not apply in proceedings brought under regulation 12.

http://www.legislation.gov.uk/uksi/1999/2083/regulation/7/made

Fosterdog

I've just looked at their website and in the Terms of Service this is what it says about cancellation.

Your credit card will be charged on the 1st of every calendar month. Any cancellations need to be done prior to 1st of every calendar month to prevent the charge for that month. To cancel your subscription at any time, you must or email us at hello@barkbeats.co.uk and we will do it for you. If you cancel, you may use your subscription until the end of the then-current month.

That doesn't sound ambiguous at all to me and it is clear that a cancellation needs to be done before the 1st. And I just got as far as the order stage and there is a tick box to say you have read and agree to the terms of service.