Day 2 test refund refused

sheramber

You did ask for advice. You didn't specify it had to be advice that agreed with your point of view.

orcocan

jimi_man said:

orcocan said:

jimi_man said:

To be honest, you're no better or worse off than if it had arrived. You used the code and got back into the country. Whether you did the test or not doesn't really matter as no-one actually cares.

However, legally their T & C's state that they don't do refunds and they also state that delays to delivery are not down to them.

As to whether they are legally binding.

Firstly I would imagine that there was a check box to say that you're read/agreed with the T & Cs otherwise you wouldn't have been able to purchase it. This can be a factor in whether the T & Cs are enforceable, so if you didn't have to do this then you may have a case. Their ecommerce site is hosted through Shopify who I'm pretty sure have this check box included.

Also the T & Cs should be written in an easily readable way, on a whole page and in easy to understand language. (They are, I looked). They should also be easy to find (again they are -  a clear hyperlink from the bottom of the page).

Based on the above I'd say there isn't much you can do about it. 

i really don't understand how you're making all these assertions about their T&Cs when I havent even said who the test provider is?

not taking a test on day 2 is a criminal offense, so your point that 'no one cares' is frankly mind boggling

T&Cs are irrelevant when they deny statutory consumer rights. i'm not a legal expert but all these random comments based on nothing are not particularly helpful imho

My apologies, I somehow thought that when you said that Times report was the same as yours, that you had also booked through 247traveltests. You also used the phrase 'Clearly time "is of the essence to the service"' and in 2.7 of their T & Cs it has similar wording and says 'Time is not of the essence in this contract' hence why I thought it was the same company. That's my mistake.

Yes I'm not disputing that it's a criminal offence but if you think that anyone cares about it...... 

T & Cs are not irrelevant at all. I have given you the basis of consumer law as it stands in relation to ecommerce and they are not 'random comments' and they are not based on 'nothing'. They are based on the law as it stands at present.

What consumer law has been broken here? They haven't specified a delivery date, therefore they have 30 days to deliver the product. From your OP it came within that time. It was not faulty, and was as described, satisfactory quality and fit for the purpose (as far as we know from what you have said). It's a medical product therefore it's exempt from cancellation and as stated a number of times - their T & Cs state 'no refunds', which they are quite entitled to do (unless it breaches standard consumer law and you haven't identified any consumer law breach other than the delivery was late. That isn't a breach of consumer law when they haven't given one in the first place as just mentioned). 

I have been trying to help you by giving you the guide to consumer law as it stands and I have a reasonable knowledge of it though I'm not an absolute expert. If you don't believe or don't want to hear it then that's entirely your prerogative and I would urge you to try some of the other avenues offered - Citizen's advice, Solicitor, Small Claims Court. If all of this is not particularly 'helpful' then I'm sorry - I did what I could. 

thanks, this is helpful

what's not helpful is some of the previous posts where people give 'advice' based on nothing other than their vague opinion of the subject

the minimum standards set by the government for the provision of the day 2 test service is that tests need to be delivered (delivered, not shipped) "on or before day 2 of the traveller’s quarantine period" so i'm struggling to see how any of these providers can get away with establishing that time is not of the essence when it obviously needs to be given the nature of the service

https://www.gov.uk/government/publications/minimum-standards-for-private-sector-providers-of-covid-19-testing/day-2-and-day-8-pcr-testing-for-international-arrivals-minimum-standards-for-providers

emmajones1976

Those minimum standards to be included on the Government list wont override normal consumer law.

orcocan

sheramber said:

You did ask for advice. You didn't specify it had to be advice that agreed with your point of view.

not a matter whether 'they agree with my point of view' but rather i was/am hoping to get advice from either someone who has some legal understanding of the matter or had direct experience of the same issue, thanks

orcocan

emmajones1976 said:

Those minimum standards to be included on the Government list wont override normal consumer law.

what points of consumer law being overridden are you referring to?

emmajones1976

orcocan said:

emmajones1976 said:

Those minimum standards to be included on the Government list wont override normal consumer law.

what points of consumer law being overridden are you referring to?

Jimi Man has covered that in his very succinct reply. They had 30 days. Being on the government approved list doesnt change that 

jimi_man

orcocan said:

jimi_man said:

orcocan said:

jimi_man said:

To be honest, you're no better or worse off than if it had arrived. You used the code and got back into the country. Whether you did the test or not doesn't really matter as no-one actually cares.

However, legally their T & C's state that they don't do refunds and they also state that delays to delivery are not down to them.

As to whether they are legally binding.

Firstly I would imagine that there was a check box to say that you're read/agreed with the T & Cs otherwise you wouldn't have been able to purchase it. This can be a factor in whether the T & Cs are enforceable, so if you didn't have to do this then you may have a case. Their ecommerce site is hosted through Shopify who I'm pretty sure have this check box included.

Also the T & Cs should be written in an easily readable way, on a whole page and in easy to understand language. (They are, I looked). They should also be easy to find (again they are -  a clear hyperlink from the bottom of the page).

Based on the above I'd say there isn't much you can do about it. 

i really don't understand how you're making all these assertions about their T&Cs when I havent even said who the test provider is?

not taking a test on day 2 is a criminal offense, so your point that 'no one cares' is frankly mind boggling

T&Cs are irrelevant when they deny statutory consumer rights. i'm not a legal expert but all these random comments based on nothing are not particularly helpful imho

My apologies, I somehow thought that when you said that Times report was the same as yours, that you had also booked through 247traveltests. You also used the phrase 'Clearly time "is of the essence to the service"' and in 2.7 of their T & Cs it has similar wording and says 'Time is not of the essence in this contract' hence why I thought it was the same company. That's my mistake.

Yes I'm not disputing that it's a criminal offence but if you think that anyone cares about it...... 

T & Cs are not irrelevant at all. I have given you the basis of consumer law as it stands in relation to ecommerce and they are not 'random comments' and they are not based on 'nothing'. They are based on the law as it stands at present.

What consumer law has been broken here? They haven't specified a delivery date, therefore they have 30 days to deliver the product. From your OP it came within that time. It was not faulty, and was as described, satisfactory quality and fit for the purpose (as far as we know from what you have said). It's a medical product therefore it's exempt from cancellation and as stated a number of times - their T & Cs state 'no refunds', which they are quite entitled to do (unless it breaches standard consumer law and you haven't identified any consumer law breach other than the delivery was late. That isn't a breach of consumer law when they haven't given one in the first place as just mentioned). 

I have been trying to help you by giving you the guide to consumer law as it stands and I have a reasonable knowledge of it though I'm not an absolute expert. If you don't believe or don't want to hear it then that's entirely your prerogative and I would urge you to try some of the other avenues offered - Citizen's advice, Solicitor, Small Claims Court. If all of this is not particularly 'helpful' then I'm sorry - I did what I could. 

thanks, this is helpful

what's not helpful is some of the previous posts where people give 'advice' based on nothing other than their vague opinion of the subject

the minimum standards set by the government for the provision of the day 2 test service is that tests need to be delivered (delivered, not shipped) "on or before day 2 of the traveller’s quarantine period" so i'm struggling to see how any of these providers can get away with establishing that time is not of the essence when it obviously needs to be given the nature of the service

https://www.gov.uk/government/publications/minimum-standards-for-private-sector-providers-of-covid-19-testing/day-2-and-day-8-pcr-testing-for-international-arrivals-minimum-standards-for-providers

To be honest when you ask for 'advice' on an anonymous public forum then you have to take the good with the bad and a lot of the time it's going to be opinion. At least it's free!

The minimum standards are to do with the companies contract with the govt. Where they are repeatedly in breach of that then I'd imagine they'll be consequences for them. But it won't override consumer law, that's the important point. If someone is really worried about the delivery date, then order it earlier I guess. 

onashoestring

orcocan said:…

the minimum standards set by the government for the provision of the day 2 test service is that tests need to be delivered (delivered, not shipped) "on or before day 2 of the traveller’s quarantine period" so i'm struggling to see how any of these providers can get away with establishing that time is not of the essence when it obviously needs to be given the nature of the service

https://www.gov.uk/government/publications/minimum-standards-for-private-sector-providers-of-covid-19-testing/day-2-and-day-8-pcr-testing-for-international-arrivals-minimum-standards-for-providers

Have you made a complaint about the test provider to NHS TEST & Trace ?  They have investigated dozens of companies who consistently failed to meet the standards and removed them from the Government list .They do this based on feedback from customers by this official channel . If you don’t report it, they can’t investigate.

https://enquiries.test-and-trace.nhs.uk/s/enquiries

orcocan

onashoestring said:

orcocan said:…

the minimum standards set by the government for the provision of the day 2 test service is that tests need to be delivered (delivered, not shipped) "on or before day 2 of the traveller’s quarantine period" so i'm struggling to see how any of these providers can get away with establishing that time is not of the essence when it obviously needs to be given the nature of the service

https://www.gov.uk/government/publications/minimum-standards-for-private-sector-providers-of-covid-19-testing/day-2-and-day-8-pcr-testing-for-international-arrivals-minimum-standards-for-providers

Have you made a complaint about the test provider to NHS TEST & Trace ?  They have investigated dozens of companies who consistently failed to meet the standards and removed them from the Government list .They do this based on feedback from customers by this official channel . If you don’t report it, they can’t investigate.

https://enquiries.test-and-trace.nhs.uk/s/enquiries

i didn't know about this, thanks!