I was reviewing my bank statements recently, I noticed that I am still paying for a gym membership even though I cancelled it three months ago. When I followed up with the company to get a refund, it wouldn’t entertain a refund without bank statements to prove that I’ve paid the membership for those months. This will cost me as I have to pay to get the statements from my bank. Can the company do this? Sorcha, Cork city WHEN you take out a gym membership, you usually sign up to terms and conditions which outline the gym’s cancellation procedure. If you then decide to cancel your membership, you need to follow this procedure to ensure your membership is cancelled correctly.
The first step is to check you followed the company’s cancellation policy. Check your original contract to get further detail. Then see if you have evidence of your request to cancel — and that you got confirmation from the gym that it received your request and cancelled your membership.
If you paid by direct debit, you can cancel the direct debit by writing to both your bank and the gym to inform them of the cancellation, if you have not done so already. You should keep a copy of the cancellation in case of a dispute. When you contact your bank, you will need to provide your account details, the name of the gym and any other details relevant to the payment.
If you feel the direct debit the gym is taking from you is unauthorised, you can request a refund immediately and get a refund of payments taken up to the previous eight weeks. You can also request a refund for any unauthorised direct debits after eight weeks and within 13 months from the date on which the payment was debited. However, after the eight-week period you may need to provide additional information or proof the transaction was unauthorised. realistic in what you will accept.
Another option is to consider taking legal action but this is time-consuming and expensive and you are not guaranteed a better outcome. Before starting court action, you need to consider whether you have sufficient evidence. For example, can you say and prove with absolute certainty it was the charger that caused the damage to your phone?
Finally, always try to buy chargers from a reputable retailer and check they have a CE mark and that the manufacturer’s name and contact address is present. With poor quality chargers there is a greater risk of electrocution, fire or damage to the electronic equipment. IF you are a business selling online, either through a website or on social media, this means you must comply with the regulations in the Consumer Rights Directive. This directive gives online shoppers strong protections when they buy from a business in the EU. This is because when consumers shop online, they are buying from a distance so these rights allow them to examine what they have bought, see if they are happy with it and, if not, return it to the business and get a full refund.
Your customers can cancel an online order — once it is not custom-made for them — up to 14 days after they receive it. This means they have the right to cancel an order for any reason within this period and get a full refund, including any standard delivery costs they have paid. They are allowed to remove the packaging, examine the item and make sure they are happy with it.
Your customer is within her rights to return the cards to you because she doesn’t like them and get a full refund. This right applies even if you stated in your terms and conditions that you have a no-refunds policy. The customer must ensure the cards are kept in good condition until they are sent back to you. While we will endeavour to place your questions with the most appropriate expert for your query, this column is not intended to replace professional advice.