Groupon

cattie1

Hi,


Could anyone give me any advice on what my rights are please?


I ordered a voucher from Groupon but have tried to cancel (within 5 days of ordering) it-they have refused to refund or even give me a Groupon credit for the amount saying the fine print states "No cancellations"-(It does) however I thought legally due to The Distance Selling Regulations your are entitled to 7 days (no fault) right to return.


Are they allowed to state no refunds and refuse or are they actually legally required to give customers 7 days to cancel?


Many Thanks in advance.

cono1717

cattie1 wrote: »

Hi,
Are they allowed to state no refunds and refuse or are they actually legally required to give customers 7 days to cancel?

They are allowed to state no refunds - I believe it falls under the same exemption as the sale of tickets to a gig. The main point of what was the DSR was that you could purchase goods from a computer screen but never actually have the chance to inspect them. Once they arrive you can inspect them then decide weather to accept or reject them.

Can't really do that with a voucher as you know what you are getting.

unholyangel

cono1717 wrote: »

They are allowed to state no refunds - I believe it falls under the same exemption as the sale of tickets to a gig. The main point of what was the DSR was that you could purchase goods from a computer screen but never actually have the chance to inspect them. Once they arrive you can inspect them then decide weather to accept or reject them.

Can't really do that with a voucher as you know what you are getting.

It doesn't. Given that the exemption is only for leisure activities that are to be provided on a specific date or within a specific period.

Usually the vouchers on groupon are to purchase leisure activities but the contract with groupon is not for leisure services so it is not exempt.

5. Cancellation (and exceptions), Refunds and Problems

5.1 You have a statutory right to cancel your purchase of the Voucher within 14 calendar days after the day you receive the confirmation email (the “Voucher Cancellation Period”). However, if you redeem your Voucher during the Voucher Cancellation Period, you expressly request Groupon to begin providing the services to you, and you acknowledge that you lose your right to cancel the purchase of the Voucher. Since Groupon is not responsible for the supply or provision of the Merchant Offering, once your Voucher is redeemed Groupon has completed its services to you in full. Please note that, for the avoidance of doubt, this section also applies to all “Direct Checkout” deals.

Sounds like its possibly digital content (e-vouchers) or that they're trying to argue they provide a service rather than any goods.

cono1717

unholyangel wrote: »

It doesn't. Given that the exemption is only for leisure activities that are to be provided on a specific date or within a specific period.

Usually the vouchers on groupon are to purchase leisure activities but the contract with groupon is not for leisure services so it is not exempt.



Sounds like its possibly digital content (e-vouchers) or that they're trying to argue they provide a service rather than any goods.

Is that per sale or across the board? For example Ticketmaster only sell tickets so would be exempt but because Groupon can (and sometimes do) sell vouchers for products they wouldn't class as exempt even when selling for leisure activities?

unholyangel

cono1717 wrote: »

Is that per sale or across the board? For example Ticketmaster only sell tickets so would be exempt but because Groupon can (and sometimes do) sell vouchers for products they wouldn't class as exempt even when selling for leisure activities?

It goes by the individual contract.

The exemption (which is in relation to the right to cancel rather than providing pre-contractual information) says:

(h)the supply of accommodation, transport of goods, vehicle rental services, catering or services related to leisure activities, if the contract provides for a specific date or period of performance.

Usually with tickets you're buying tickets for a specific date so thats why they're exempt.

cattie1

Many thanks for the responses. It was a £6 for £12 to spend at Hungry House voucher which admittedly is not a lot but it was whether they were breaking any rules in just refusing to refund or even offer a a credit.

I spoke to a solicitor (in passing - not an intentional appointment! ) and they seemed to think they Groupon were in the wrong and that consumers are actually entitled to 14 days after buying any non perishable goods on line even if the company has stated "no cancellations or refunds" . The voucher can not be classed as perishable as the voucher had an expiry date of 22nd December

George_Michael

My opinion would be that the groupon voucher is exempt from the right of cancellation simply because of the following:

(h)the supply of accommodation, transport of goods, vehicle rental services, catering or services related to leisure activities, if the contract provides for a specific date or period of performance

The voucher was to allow a discount on food (catering) and as it has an expiry date, there is a period of performance during which it is valid.

unholyangel

George_Michael wrote: »

My opinion would be that the groupon voucher is exempt from the right of cancellation simply because of the following:


The voucher was to allow a discount on food (catering) and as it has an expiry date, there is a period of performance during which it is valid.

The its not a specific period of performance though. What they mean by that exemption is (for example) a hotel booking for 2 weeks, beginning x date. Or car hire for a month.

But again, groupon are not providing the leisure/catering activity. From their T&C's:

1.5 The Merchant is a third party unrelated to Groupon that sells, supplies and/or provides the Merchant Offering. Groupon does not sell, supply and/or provide the Merchant Offering. It only sells and supplies the Voucher.