Rental tv Hugheselectrical

robbo837

Hi, I entered into a contract with Hughes electrical for a tv. I didn’t read the conditions properly and didn’t know it was a 12 month contract. It says I have 5 days cooling off period but the tv hadn’t arrived by that time. It’s not gone a week and wondering if the 14 day cooling off period law would apply to this. I have installed the tv and have used it. 

Thanks 

Aylesbury_Duck

As I understand it, the cooling off period ends prematurely if you begin to use the product or service.

It's now time to read those terms and conditions properly.  What do they say about your right to cancel early?

robbo837

Thanks for getting back to me. Just says 5 says to cancel once I signed the agreement otherwise it’s the minimum 12 months. I ordered it online from them. 

Aylesbury_Duck

I hope someone else with more knowledge than me comments because I'm not sure of the exact status of this.  It's an online hire rather than an online purchase, so I don't know whether the distance selling criterion applies.  I don't think the 5 days to cancel is enforceable because as I understand it you are entitled to 14 days, but I'm pretty sure the cooling off period ends if the service starts before then with the customer's agreement.

How long did you think you were going to hire the TV for?

robbo837

I was only hoping to have it for up to a month. The site stated weekly payments, I know I should have read the terms better. Seeing as I weren't sure how good the product was going to be as it was bought online, thought I would be able to cancel if I didn’t like it 

unholyangel

Aylesbury_Duck said:

As I understand it, the cooling off period ends prematurely if you begin to use the product or service.

It's now time to read those terms and conditions properly.  What do they say about your right to cancel early?

Only if it's a contract for services, you made an express request for provision of the service to start within the cancellation period and the service is performed in full. 

OP, how did you enter the contract? In their store? Online? What did you enter? A finance contract where they front the money for you to purchase it and you repay them (paypal or klarna seem to be the options they offer for that) or a contract to lease the tv? 

robbo837

The contract was done online and it’s to lease the tv. So I won’t own it and will go back after the agreement 

unholyangel

U said:

The contract was done online and it’s to lease the tv. So I won’t own it and will go back after the agreement 

What documentation (not info on a website, by durable medium) were you given? Does it tell you at any point theres a 12 month minimum commitment (and did they confirm that via durable medium)? 

I can't see any mention of that information, except buried away in terms & conditions on their website which courts have already ruled isn't durable and nor is it providing the information (distinction drawn between making information available and providing/giving it). 

Contact them to discuss in the first instance. If they dig their heels in and are unreasonable, ask them for the proof they complied with their obligations under the Consumer Contracts (Information, Cancellation & Additional Charges) Regulations 2013 regarding provision of the information - particularly paragraphs (h) and (t) of Schedule 2, in accordance with chapter 1 of Part 2. 

robbo837

I have checked the agreement and it did say 12 months minimum. I don’t mind paying it, if I have to. 

robbo837

It doesn’t mention anything about the term off the agreement until you sign the agreement. Until then it just says weekly payment. So would that my misleading 

unholyangel

U said:

It doesn’t mention anything about the term off the agreement until you sign the agreement. Until then it just says weekly payment. So would that my misleading 

Did they provide anything in durable medium? What you have posted, was that emailed to you as a pdf for example, or just what was displayed on their website? 

(2) If the contract places the consumer under an obligation to pay, the trader must make the consumer aware in a clear and prominent manner, and directly before the consumer places the order, of the information listed in paragraphs (a), (f), (g), (h), (s) and (t) of Schedule 2.

(h) is the subscription details, payment per billing cycle. (s) and(t) is the minimum duration of the contract & your obligations.

But in any event, what information did they give you about cancelling (again, in a durable medium)? And if you don't mind paying, can I ask what has made you query it?