Should I cancel online Christmas order?
Q I RECENTLY ordered a number of Christmas presents for my son from a website based in Britain. With Christmas only a few days away, my order has still not been delivered. How long should I wait before contacting the website to cancel? John, Carrickmines, Dublin 18 YOU have strong protections under the Consumer Rights Directive (CRD) when you shop online from a business based in the EU, including rights if your order is not delivered.
As you bought from a British website, you are covered by the CRD. In general, your order should arrive within 30 days or sooner — if the retailer committed to an earlier date. If the items haven’t arrived by that date, you can cancel the order and receive a full refund. At this stage, you should contact the business and ask it to confirm if delivery will be made before Christmas.
If the retailer included a notification on its site of a last day to order to guarantee delivery before Christmas, and you ordered the goods by that date and they didn’t arrive by then, you should contact the business and arrange another date that is suitable. Alternatively, if it’s too late now to get the goods in time for Christmas, you have the right to cancel and request a full refund. The business should refund you without delay.
If you are having trouble getting a refund, you may be able to request a chargeback from your debit or credit card provider (usually your bank) for non-delivery of goods. The rules for this vary, depending on your card provider, but can include getting your money back if the goods are not delivered or are faulty and you are unable to get your money back from the business. Before you request a chargeback, you should contact the website and ask for a refund.
Travel cover for cancellation
Q MY daughter was due to take part in a swimming competition on the other side of the country in November. We decided to combine it with a few nights in a hotel. The day before we were due to leave, my daughter broke her leg — so she had to pull out of the competition and we had to cancel the trip. We were unable to get a refund from the hotel. Is this something I can claim for on my travel insurance ? Joe, Co Mayo TRAVEL insurance typically covers you against things like damaged or delayed luggage, cancelled flights, delayed or missed departure, loss or theft of money or passport, and illness or injury if you are travelling abroad. However some policies do cover you for trips within Ireland. Some terms and conditions may apply: for example, your trip may have to involve more than one night’s accommodation. So you will need to read your insurance policy documentation to see if your trip would be covered.
If you can claim for the trip, you should also check and see what the excess (the first part of any claim which you have to pay) is on your policy. The amount varies but is generally between €100 and €300. You will not be able to claim for an amount less than the excess.
Sometimes there can be a time limit within which you must make your claim, so contact your insurance company and let it know you are planning on submitting a claim. It will send you out a claim form. Your insurance company will consider your claim and decide whether your policy covers you. Your insurer should let you know its decision on your claim within 10 business days of making the decision. When a claim is not settled in your favour, it should explain the reasons why in writing, and provide you with details of how you can appeal the decision.
Pressure sales at gym
Q MY girlfriend signed me up for a onemonth trial with a gym. Every time I visited, the staff were encouraging me to sign up for an annual membership. They put me under a lot of pressure and I agreed to sign up for a year and completed a direct debit form, giving my bank details. When I got home and had time to think about it, I changed my mind and now want to cancel my membership. What should I do next? Keith, Co Cork WHEN you sign up to a contract at a gym, this is known as an on-premises contract under the Consumer Rights Directive. In these instances, your contract should include specific details, including the length of the contract, details of the package you have signed up to, how you will be charged, and the price you have to pay.
As you signed up to the contract at the gym, you don’t have the same 14-day right to cancel as you would if you signed up online or over the phone — so you are bound by the terms and conditions of the contract as regards cancelling.
Your first step should be to see what is outlined in your contract about cancelling. Once you have signed the contract, you are legally committed to paying for the minimum duration. If you have paid up-front in advance, and want to leave the gym before the end of the contract, you may not get a refund. You can stop your direct debit at any time (by contacting your bank), but remember that you are still under contract, and the gym could pursue you for payment. Cancelling a direct debit does not cancel your contract or your obligations to make payments under the contract.
Some gym contracts require you to give notice of cancellation. This is often between one and three months’ notice and you will usually be required to pay your membership fee during the notice period. Again check your contract to see what it says about cancelling.
If a dispute arises between you and the gym in relation to its terms and conditions, try to resolve the matter with the gym. You could also make a complaint to the management of the gym in relation to your concerns regarding its sales practices — however you may be still bound by their conditions regarding cancelling. Keep copies of all correspondence and records of phone calls you’ve had. This will be important later on if you are unable to resolve the dispute with the gym.
If you feel that the gym has acted outside its terms and conditions, a further option is to take a case to the Small Claims Court. You can use this process for claims up to €2,000.
Card skimming fears
Q MY best friend had her card skimmed last year when she was doing some last-minute shopping before Christmas. What can I do to prevent the same thing happening to me? Orla, Naas, Co Kildare THERE are a few simple steps you can take to reduce the risk of your card being skimmed.
If you’re using an ATM machine and you notice something unusual about the cash machine, like signs of tampering, do not enter your card or PIN. Report your suspicions to the bank immediately and contact the local Garda station. Never let your cards out of your sight and never give anyone your PIN. Always cover the keypad when entering your PIN.
When taking money out, stand close to the ATM or card terminal and always shield the keypad with your free hand and your body to avoid anyone seeing you enter your PIN.
Don’t forget to take your card and money from the ATM. This happens more frequently than you might think, particularly when people are under pressure and there are crowds around. Keep an eye on your accounts. Although there’s no sure-fire way to avoid skimming completely, you can reduce the damage if it does happen to you by paying attention to transactions on your credit or debit account.