Cooling-off Period

by Rudolf Faix Thursday, November 5, 2015 11:32 PM

JudgeIn consumer rights legislation and practice, a cooling-off period is a period of time following a purchase when the purchaser may choose to cancel a purchase and return goods which have been supplied for any reason and obtain a full refund.

In addition, legislation exists in various parts of the world enforcing this right, to varying degrees. For example, in the European Union, the Consumer Rights Directive of 2011 obliges member states to give purchasers the right to return goods or cancel services purchased from a business away from a normal commercial premises, such as online, mail order, or door-to-door, with limited exceptions, within two weeks from the receipt of the goods, for a full refund

Each country has its own rules for the cooling-off period. Here are only listed the most important rules. Please visit the provided link to read all the rules.

 

Australia

Source: Australian Competition and Consumer Commission

Telemarketers are not allowed to call consumers:

  • on Sundays or public holidays
  • before 9am or after 8pm on weekdays
  • before 9am or after 5pm on Saturdays

 

Cancellation rights (cooling-off):

  • The salesperson must tell to the consumer about his cooling off rights. The consumer can change his mind and cancel the contract for any reason without penalty within 10 business days

  • If the consumer bought goods that cost $500 or less, the salesperson can supply these goods immediately during the cooling-off period but the consumer still have the right to cancel the contract

  • The salesperson cannot take payment during the cooling-off period for any goods or services and cannot supply any services.

  • The consumer has 10 business days to cool-off or cancel the agreement, starting the first business day after receiving the agreement document.

  • The consumer can terminate the agreement verbally or in writing any time during the cooling-off period. Written termination can be delivered personally, sent via post, emailed or sent via fax. The agreement will be cancelled from the day you give notice

  • The trader must promptly return or refund any money paid under the agreement or a related contract

  • Even if the consumer has partially or completely used the goods supplied by the salesperson under the agreement he still has cooling-off rights during the specified period

  • The salesperson must not try to convince the consumer to waive your rights to cool off.

Canada

Source: Office of Consumer Affairs (OCA)

In some provinces and territories, there is an automatic cancellation (or cooling-off) period for certain types of contracts. Examples include contracts for services such as credit, dating clubs, health clubs, funeral and cemetery services, time-shares, condominiums, natural gas, electricity and door-to-doorsales. The cooling-off period is valid whether the company tells you about it or not.

To find out more about the cooling-off period in your area contact Your Provincial or Territorial Consumer Affairs Office.

 

New Zealand

Source: Consumer. now you know

Every agreement for an uninvited direct sale must be in writing and expressed in plain language. You must be given a copy of the agreement either at the time you sign, or if the agreement is made over the phone within 5 working days.

The agreement must:
  • clearly describe the goods or services being supplied

  • show the total price payable and any other consideration to be given (or how this is calculated if it’s uncertain at the time you sign)

  • inform you of your right to cancel

  • list the trader’s name, street address, phone number and email, and your name and street address

  • show the date it was signed.

If the trader fails to give you this information, the agreement can’t be enforced (except if the failure is minor and has not materially disadvantaged you).

 

United Kingdom

Source: Which? Consumer Rights

At a distance or face-to-face off-premises the following key information has to be given:
  • a description of the goods or service, including how long any commitment will last on the part of the consumer 

  • the total price of the goods or service, or the manner in which the price will be calculated if this can’t be determined

  • cost of delivery and details of who pays for the cost of returning items if you have a right to cancel and change your mind

  • details of any right to cancel - the trader also needs to provide, or make available, a standard cancellation form to make cancelling easy (although you aren’t under any obligation to use it)

  • information about the seller, including their geographical address and phone number

  • information on the compatibility of digital content with hardware and other software is also part of the information traders are obliged to provide  

  • Your right to cancel an order starts the moment you place your order and ends 14 days from the day you receive it

  • Your right to cancel a service starts the moment you enter into the contract and lasts 14 days

  • If you want to download digital content within the 14 day cancellation period you must agree to waive your cancellation rights 

  • Companies are not allowed to charge you for items they put in your online shopping basket or that you have bought as a result of a pre-ticked box

 

United States of America

Source: Federal Trade Commission

FTC Approves Changes to Cooling-Off Rule:

The FTC has approved a final amendment to its Cooling-Off Rule, increasing the exclusionary limit for certain “door-to-door” sales. The Cooling-Off Rule previously provided that it is unfair and deceptive for sellers engaged in “door-to-door” sales valued at more than $25 to fail to provide consumers with disclosures regarding their right to cancel the sales contract within three business days of the transaction. Under the amended rule, the definition of “door-to-door sales” distinguishes between sales at a buyer’s residence and those at other locations. The revised definition retains coverage for sales made at a buyer’s residence at a purchase price of $25 or more, and it increases the purchase price to $130 or more for all other covered sales at temporary locations. The revised definition recognizes that concern regarding high-pressure sales tactics and deception during in-home solicitations is greater than when sales are made away from consumers’ homes. Therefore, the Commission concluded that raising the value to $130 for non-home sales would reduce compliance burdens for sellers while still protecting consumers.

Full telemarketing rules: https://www.ftc.gov/tips-advice/business-center/guidance/complying-telemarketing-sales-rule#refund

 

Dating and Romance Scams

by Rudolf Faix Friday, July 10, 2015 5:15 PM

Sunset on the beach

Whether you are a male or a female, you should read this as the scenario below could easily apply to either gender. Months of online dating doesn't seem to be paying off. You're flipping through hundreds of profiles a night and everyone's either shallow or not that good looking. You finally think your luck is turning around when you hear from a lonely widow from Eastern Europe. She is gorgeous in her pictures and seems really into you! Alternatively, maybe you are a female and you just connected with a man working or being a soldier overseas.

After a few emails, you start to fall in love - and are thrilled to hear she reciprocates, calling you (after four to five months) "the love of her life". When it comes time for you two to get together, she tells you she needs money. Maybe she can't afford a plane ticket. Maybe she's sick and needs medicine. Maybe she lost her wallet in a foreign city or maybe she had a flood or a fire at her home. Or, one of the latest reasons ... she needs to take an AIDS test, which is required in her country before international travel.

Whatever it is, it seems like a small price to pay for true love - and it would be, if the love were "true". But this isn't who you thought it was - she may not even be a woman, but a guy in Nigeria. Don't feel bad: tens of thousands of men have fallen victim to this and tens of thousands more will

Despite the many legitimate dating websites operating around the world, there are many dating and romance scams as well. Dating and romance scams try to lower your defences by appealing to your romantic and compassionate side.

Some dating and romance scams work by setting up a dating website where you pay for each email or message you send and receive. The scammer will try to hook you in by continuing to send you vague-sounding emails filled with talk of love or desire. The scammer might also send emails filled with details of their home country or town that do not refer to you much at all. These are attempts to keep you writing back and paying money for use of the scammer’s dating website.

Even on a legitimate dating site, you might be approached by a scammer - perhaps someone who claims to have a very sick family member or who is in the depths of despair (often these scammers claim to be from Russia, Eastern Europe, Africa, Asia or another low wage country). After they have sent you a few messages, and maybe even a glamorous photo, you will be asked (directly or more subtly) to send them money to help their situation. Some scammers even arrange to meet with you, in the hope that you give them presents or money - and then they disappear.

In other cases, scammers will try to build a friendship with you, perhaps even sending you flowers or other small gifts. After building a relationship, the scammer will tell you about a large amount of money they need to transfer out of their country, or that they want to share with you. They will then ask for your banking details or money for an administrative fee or tax that they claim needs to be paid to free up the money.

Some sentiment con artists search out a specialty of different fixations where they will locate a dark interest and they will make the casualty believe that in the event that they pay for the con artist's plane ticket that they will get the chance to carry on a sexual dream of theirs by having the con artist come to them to engage in sexual relations. The con artists likewise like to lure casualties to perform sexual follows up on webcam. They then record their casualties, play back the recorded pictures or features to them and after that blackmail cash to keep them from sending the recordings to companions, family, executives, regularly found by means of online networking destinations, for example, Facebook, twitter and so forth.

The expert dater contrasts from alternate tricks in system for operation; a vis-à-vis meeting really does happen in the con artist's nation however is committed singularly into controlling the imprint into spending however much cash as could reasonably be expected in generally little time, with little or nothing consequently. The plan as a rule includes associates, for example, a mediator and a cab driver, all of which must be paid by the casualty at a swelled cost. Everything is pre-orchestrated so that the well off nonnative pays top dollar for convenience, is taken not to a standard open bistro but rather to the most exorbitant eatery (generally some off the beaten path spot evaluated far above what local people would ever be willing to pay), and is controlled into making different extravagant buys, including endowments, for example, hardware and fur garments.

The merchants are regularly some piece of the plan. The imprint allows pretty much as to sit unbothered yet poorer toward the end of the excursion. The stock is come back to the merchants, the genius dater and the different accessories stash their separate cut of the take. As the expert dater is anxious to date once more, the following date is instantly situated up with the following well off outsider.

The assumed relationship goes no further, but to immerse the hapless imprint with solicitations for more cash after they return home. Dissimilar to a gold digger, who weds for cash, an expert dater is not so much single or accessible, all things considered.

What makes this scam even worse is that most of the victims refuse to believe they have been scammed, even after they lost the first round of cash. They’ll keep putting in money, truly believing they are helping a future life-mate and ignore all advice from friends.

Protect yourself:

  • Check website addresses carefully. Scammers often set up fake websites with very similar addresses to legitimate dating websites.

  • You should never pay for somebody you have never met. Never send money, or give credit card or online account details to anyone you do not know and trust.

  • If she insists on you paying for the plane ticket, buy it for her directly with no refund option. At least that way, he/she can't just take the money and run.

  • Don’t give out any personal information in an email or when you are chatting online.

  • Make sure you only use legitimate and reputable dating websites.

  • Ask yourself if someone which you have never met really declare their love for you after only a few letters or emails?

  • Run their name (even if they are fake) by professional companies that provide background checking of online dating users. There are just a few legitimate companies that provide this service.

 

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I'm since more then 35 years in the computer business (programming and technical support) and using the Internet since it has started. Since 2002 I'm programming solutions for Asterisk and since 2004 I'm in the call center industry.

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