Refund for online services?

[Alexis]

Hi everyone,

Another question regarding online selling regulations and refung policies. If I sell services like:

A) - a pdf document with educative purpose (Become rich & attractive in 35 seconds)

B) - Access to a database of advice (to become rich and attractive indeed)

Customers pay with credit cards. Normally, they should have this 7 day compulsory return policy. But...anyone could copy (a) or make many print screens of(b) the content and basically own it before casually asking for a refund.

How do we manage this issue legally?

thx,

Alex

[Indizine]

I think with virtual stuff the 7 day refund is exempt.

[AndyLP]

Hi Alexis,

If you only concentrated on a) then I am aware of software that can protect your information from copy. If you google something like ebook protection software then you can find a whole load of things to look at.

[openmind]

If the product/service is downloadable/online software you are exempt from the distance selling regulations...

[cjd]

Pick the bones out of this:

Do downloads of electronic books or music from a website,
or the purchase of ring tones and screen savers for mobile
phones fall within the cancellation exceptions referred
to above?
3.39 We consider that these examples are likely to constitute services,
rather than goods as the consumer does not receive physical goods.
The right to cancel are therefore those that apply to services.

(cancellation) For services:
n if you give your consumer the required written information on or
before the day the contract is concluded, their cancellation
rights will last for seven working days, counting from the day after
the contract was concluded, or
n If the required written information is provided after the contract is
concluded but within three months (beginning the day after the
contract was concluded), cancellation rights will last for seven
working days after the information is received.

Different rules apply to services where the consumer agrees that the
service starts before the usual cancellation period expires. These
rules are as follows.
n Where you have supplied the required durable information before
the service starts and the consumer agrees to the service
starting before the end of the usual cancellation period, their
cancellation rights will end when performance of the service starts
19
September 2006
n if the consumer agrees that the service can start before the usual
cancellation period ends, but you do not provide the required
written information until after the service has started but
provide it in time for it still to be useful, cancellation rights will last
for seven working days after the day the consumer receives the
information. But if you finish providing the service within seven
working days after the day the consumer receives the required
durable information, cancellation rights will end on the day of
completion, or
n if you do not provide the required durable information at all,
your consumer’s right to cancel ends after three months and
seven working days counting from the day after the day on which
the contract was concluded. This applies whether or not the
consumer agrees that you can start the service before the
cancellation period ends.

http://www.oft.gov.uk/shared_oft/bus...ral/oft698.pdf

Strikes me that your wriggle room is the bit I've underlined. So long as you tell them - by email not via T&Cs on a web page which are not regarded as 'durable' information' - that they accept that they can not cancel after acceptance of your terms and they agree and continue - then you're safe.

BUT that's just my reading and I'm not a lawyer You'll also need to get the process and wording correct.

Or just take your chances.

[Alexis]

thank you so much, folks! Great answers!