I paid extra for a pdf version of course materials and now I'm �450 down
I signed up with the Mayo School of Astrology at the end of February. The fees for the full basic course materials are: �550 for the pdf format, �595 for the hard copy, or �615 for both. I wanted the hard copy but thought that I would add the pdf versions, too, as it was only an extra �20. Then I changed my mind and asked for a refund, which the terms and conditions state I am allowed to do within 30 days.
But I was told I am only due a refund on the difference between the pdf-only fee of �550 and the �615 I paid (a refund of �65) because Mayo's terms and conditions state that it does not refund at all for the pdf format.
I am now set to lose �450 because I made the mistake of paying �20 extra for the pdfs. When I complained I was offered an extra �100 as a gesture of goodwill. NC, Worthing, West Sussex
The Mayo terms and conditions state that if customers cancel in writing within 30 days and return their goods, they are entitled to a refund ? minus a �60 cancellation fee. The conditions then state: "Cancellation from purchases of pdf delivery goods will not be refunded."
However, we think this indicates that those paying �550 for the pdf formats will not be offered a refund, not that customers choosing to buy the hard copy, as well as the pdfs, will only be refunded �65 from a total outlay of �615. If anything, the terms and conditions appear to indicate that customers who buy both might not get their extra �20 back if they added pdfs to their hard-copy materials.
Wendy Stacey, principal of the Mayo School of Astrology, said: "The reason that a full refund is given for hard copies is because they are returnable and within a short period. Pdfs are not returnable. In the four years that I have run the school no one has ever asked for a refund from enrolling on any of the courses."
We asked Which? Legal Service to look into the problem and it said that in order for Mayo's terms to have any effect, "they would have had to be communicated to the consumer prior to entering into the contract, in which case Mayo could argue that the customer had consented to the term. However the unfair terms in consumer contract regulations state that all terms must be in plain intelligible language otherwise they are open to challenge as unfair. So even though Mayo could argue that the consumer accepted their terms and conditions, the fact that they are unclear in relation to the 30-day refund policy when a customer chooses to buy a hard copy as well as pdf course material, may mean that the customer could challenge this term as being unfair."
Which? also said that regardless of its refund policy, the distance selling regulations would apply and these quite clearly state that you should be entitled to reimbursement of any sum paid free of charge (less any charge not exceeding the direct costs of recovering any goods supplied under the contract).
We put this to Mayo but it did not respond. You could now consider making a claim via the small claims court.
We welcome letters but cannot answer individually. Email us at consumer.champions@guardian.co.uk or write to Brignall & King, Money, the Guardian, 90 York Way, London N1 9GU. Please include a daytime phone number
Source: http://www.guardian.co.uk/money/2011/apr/23/mayo-astrology-school-refund
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