Sneaky Terms and Conditions Team RH Fitness

My partner recently signed up for an online fitness app with Team RH Fitness

The app is sold as an online subscription, as seen on their pricing pages :

  [minimum 12 month term] 

*i cant post links, but its all on their landing pages

As such we should be entitled to cancel after 14 days as laid out in Consumer Protection Law.

Indeed their terms of service contain this clause:

"15.6. Ending the contract when we are not at fault. Even if we are not at fault and there is nothing wrong with our App or Our Product, you may still end the contract with us at any time, by letting us know using any of the contact methods in clause 1.2 (How to contact us) and deleting our App from all devices.
(a) "Cooling-off" period cancellation rights. You may have a right to cancel the contract and receive a refund during the first 14 days after buying the App or Our Product. For details, see clause 19 ( Consumer rights)."

However when you try to cancel they cite this clause, buried even deeper into the terms of service:

"The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that, within the period of 14 days from buying a product online, you can change your mind, cancel your purchase and receive a refund.
We must not begin the supply of digital content (e.g. mobile app) or services before the end of that 14 days' cancellation period, unless you have agreed to supply during the cancellation period, and (in case of digital content) acknowledged that your right to cancel will be lost as a result of the supply commencing early.
Once the digital content is supplied or the service is fully performed, the right to cancel is lost."

They claim by opening the app that you have received digital content and so are not covered by the act of law that protects customers

This despite that the plan is sold as a subscription, advertised as an on going plan and offers access to online support groups and 1-1 coaching that absolutely cannot be downloaded.

They are now threatening us with debt collection agencies and increased fees (£25 for missing a months £6.99 payment)

Is there any advice you can give us, or has anyone gone through this with them?

Any Help Gratefully Received

Comments

  • for clarity, she cancelled as soon as she opened the app, as it was clear the paid for subscription was not worth the cost
  • There are dozens of complaints about the same thing if you look at the online reviews.
  • yeah, I am thinking that they have us by the cajones here and we simply have to chalk it up to experience
  • knightstyle
    knightstyle Posts: 7,172 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Do not pay.   Ignore the debt collectors and wait and see if they will take you to court.  Make sure you keep them informed if/when you move.
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