Admin Cancellation Fee

radiocomps

At 6pm this evening I bought an intolerance test from testyourintolerance . com. By 7pm I'd read the terrible reviews and decided I wanted to cancel.

I've emailed them and they've just replied imposing a £15 admin fee to cancel. There is no physical product.

It is in their T&Cs. Is this legal!?

[Deleted User]

You don't sound very tolerant. Is that why you bought the test?

boo_star

radiocomps wrote: »

At 6pm this evening I bought an intolerance test from testyourintolerance . com. By 7pm I'd read the terrible reviews and decided I wanted to cancel.

I've emailed them and they've just replied imposing a £15 admin fee to cancel. There is no physical product.

It is in their T&Cs. Is this legal!?

Given the lack of a physical product and given they probably didn’t actually do anything between 6-7 pm it seems unlikely they could justify this as covering their costs so you do seem to have a case for a full (or near full) refund.

If they refuse though you’re left with a small claims action which for £15 isn’t really worth it.

dj1471

No, it's not legal per the Consumer Contracts Regulations.

It's not clear from their T&Cs when the contract is formed, but it's probably upon dispatch which obviously hasn't happened yet. You need to properly make them aware of the withdrawal of your offer to purchase.

Even if the contract has been formed, they haven't done anything yet so the standard 14-day cancellation period applies. They must refund in full.

I would absolutely go to small claims for £15, they'll be paying the fees when you win.

sheramber

Now, this is an interesting statement

Refunds can only be claimed within 90 days of purchase. All orders cancelled prematurely will be subject to an administration fee of £15.00 GBP.

What is orematurely, is it not within 90 days?

radiocomps

dj1471 wrote: »

No, it's not legal per the Consumer Contracts Regulations.

It's not clear from their T&Cs when the contract is formed, but it's probably upon dispatch which obviously hasn't happened yet. You need to properly make them aware of the withdrawal of your offer to purchase.

Even if the contract has been formed, they haven't done anything yet so the standard 14-day cancellation period applies. They must refund in full.

I would absolutely go to small claims for £15, they'll be paying the fees when you win.

Many thanks for all your replies. I will head down this road.

Thank you again.

arcon5

Aren't digital/services excluded from cancellation rrights ?

dj1471

arcon5 wrote: »

Aren't digital/services excluded from cancellation rrights ?

Digital items are but this isn't digital. The service is some kind of test for which they send you a test kit in which you place a hair sample and return. Services have the same cancellation period as goods unless the customer requests for the service to start before the end of the cancellation period.

Gravedigger

Not to put too fine a point on it but how on earth are they able to deduce intolerance/tolerance from a hair sample? This is snake oil selling. :cool:

sharpe106

Although placing your order may be automated the chances are for a cancellation someone still has to do something at there end, i.e delete the transaction, so unless you work for free why do you expect them to ? , also if they charged your card at time of ordering that would cost them money too.

Shaka_Zulu

Summary; bought product on a whim without checking T&Cs, then decided to do research in to said, doesn't like what they see wants to cancel surprised at admin fee.

Time to research is prior to purchase.

Good luck.