Forum Home
PC World Chat
Thread ID: 86558	2008-01-20 23:16:00	Online DVD Rental Company	spaceman8815 (4112)	PC World Chat

Post ID	Timestamp	Content	User
632248	2008-01-20 23:16:00	I got an offer for a 2 week 'free' trial for an online dvd rental company called fatso.co.nz, it sounded good so i signed up, having to provide my credit card to ensure i don't steal the dvd's they send to me. The 2 week trial went well, but problems began at the end when i suspended my account on the 22-11-07, where i had to choose a plan to do this but did not want the subscription. A week later (i returned all dvd's a week before) I got a $21.31 charged to my account which is half a month of fees just because they didn't received/process them until after they charged me. I told them what happened and they credited the fees back into my fatso account (not my credit card). I would like to know weather i should be getting a full refund for this? after contacting them again this is what they said: 'As per the terms and conditions of the free trial agreed to - to avoid billing after the trial you must cancel your account before the trial's end and return all discs immediately. On the 22nd of November you elected to suspend your account for 2 Months (until the 22nd of January) and as the last of the discs you had out at the time was not received back until the 5th of December - you were charged for the remainder of the Month after your trial had ended. To avoid further charges, we have disabled your account. Any unused time paid for is available to be used up in service at any time. Fatso does not refund for late cancellation.' The main thing i want to know is if i have the right to a full refund even though it says on their conditions that they will not refund any subcriptions, but i did not want the subcription in the first place. Are terms and conditions that you accept to on a website a legal contract?	spaceman8815 (4112)
632249	2008-01-20 23:30:00	Two problems I see is you Suspended the account, NOT canceled it. IF you suspend it that would mean you intended to use it again as its only on hold. The DVDs were also returned after the two weeks - so you were charged. Cant have it both ways. Had you have canceled the Account and returned the DVD's within the time stated then you would have something to come back to them with. To avoid further charges, we have disabled your account This means they are doing their bit. The way those places work is you pay a monthly fee, for different plans or get a certain amount of DVD's and if you don't use it you lose the money. Is it a legal Contract ? Well you must have agreed to what was on the site, so legally yes it is. If you don't like the terms of trade you don't agree to it. Question: Did you read the terms / contract or simply click "I agree" like so many people do ? I went to disputes tribunal once over the terms and conditions thats written in my purchase agreements - the person wouldn't pay and said he didn't have to pay all the additional collection fees from Baycourp that got applied. His excuse was " he didn't read the contract" yet had signed it where it clearly states " I have read and agree to the terms and conditions" - the judicature simply said -"thats your fault for signing and not reading" - I got my money.	wainuitech (129)
632250	2008-01-21 00:03:00	Thanks for clearing it up a bit for me, I wasn't really sure about the situation Question: Did you read the terms / contract or simply click "I agree" like so many people do ? I always read a contract before i agree to it, the reason I don't agree is that i did not like it that they took the fees when i didn't want the subscription at the time anyway, and i do not believe that it took 2 weeks to send 3 dvd's in an envelope back to them.	spaceman8815 (4112)
632251	2008-01-21 00:06:00	I got an offer for a 2 week 'free' trial for an online dvd rental company called fatso.co.nz, it sounded good so i signed up, having to provide my credit card to ensure i don't steal the dvd's they send to me. The 2 week trial went well, but problems began at the end when i suspended my account on the 22-11-07, where i had to choose a plan to do this but did not want the subscription. A week later (i returned all dvd's a week before) I got a $21.31 charged to my account which is half a month of fees just because they didn't received/process them until after they charged me. I told them what happened and they credited the fees back into my fatso account (not my credit card). I would like to know weather i should be getting a full refund for this? after contacting them again this is what they said: I don't think you have got a leg to stand on, as you only suspended the account, and didn't cancel it. If you had cancelled it, it would be different, as long as you had 'sent' the dvds back to them before the cancellation date. I do think this term is a big vague on dates As per the terms and conditions of the free trial agreed to - to avoid billing after the trial you must cancel your account before the trial's end and return all discs immediately. This basically implies that you could send the dvds back after the date of cancellation, as long as it is done 'immediately'.	robbyp (2751)
1