Refund money for online courses

in #ua2 years ago

Very often people doubt - do I have the right to a refund if I did not like the course or no longer need it?
According to the content of Article 652 of the Civil Code of Ukraine:
In the event of a significant change in the circumstances that the parties were guided by when concluding the contract, the contract may be amended or terminated by agreement of the parties, unless otherwise established by the contract or does not follow from the essence of the obligation.

The procedure and consequences of termination of the contract for the provision of services are determined by the agreement of the parties or by law (Article 907 of the Civil Code of Ukraine).

A change in circumstances is significant if they have changed to such an extent that, if the parties could have foreseen it, they would not have concluded the contract or would have concluded it on different terms.

Please be informed that in agreement you always can find paragraph with terms of refund, for example like this:
User has the right to refund from this Agreement within the first 14 (fourteen) days from the date of payment of the Fee for the Service (and in the case of deferred payments - the first part of the Fee for the Service) with a full refund of the Fee for the Services within 7 (seven) banking days from the date of receipt of a written notification from the User about the Rejection.

According to the Polish law we have similar situation.

According to the content of Art. 395 of the Civil Code of Poland may provide that one or both parties have the right to withdraw from the contract within the prescribed period. Refusal to perform the contract is performed by a statement made to the other party. If the right of withdrawal is used, the contract is considered invalid. What the parties have already provided is returned unchanged, unless the change was necessary in the ordinary course of management. The other party is entitled to an appropriate remuneration for the services provided and for the use of the item. Refusal of the contract is a form of early termination of the obligation of one or both parties to the contract. The right to withdraw from the contract is a provision that allows one or both parties to the concluded contract to withdraw from it within a specified period. As a rule, the party exercising this right is not obliged to indicate the reason for the withdrawal from the contract, however, in accordance with the principle of freedom of contract, the parties can regulate this issue in different ways.

The contract cancellation clause must contain:
designation of the party or parties to the contract who have the right to withdraw from the contract within the prescribed period, indication of the term before the end of which the party or parties have the right to withdraw from the contract. The deadline must be the final date (you can specify both a specific date and a period of time, for example, the contract can be canceled within 2 months from the date of its signing) and the end date, after which the right to cancel the contract ends definitively and cannot be renewed . If no deadline is specified, the entry will be invalid.

The application for refund from the contract must contain such elements as: indication of the date and place of conclusion of the contract, the parties, the subject of the contract, a reference to the provision of the contract, which provided for the possibility of withdrawal from the contract. The application must also indicate the date of withdrawal from the contract.

According to the UK legislation UK legislation.

As long as you’re a consumer, the Customer Contracts Regulations gives you the right to cancel a contract entered at a distance - for example, when you purchase a course online.

As a consumer, if you change your mind about a course you purchased online or at a distance, you have 14 days from entering into a service contract in which you can cancel it.

This right under the Consumer Contracts Regulations applies regardless of whether the course will be taken online or in person.

According to the Consumer Protection Act 2022. which was in effect on September 8, 2022 14 days is the minimum cooling-off period that a seller must give to a customer.

If the course is provided in full within 14 days the right to cancel will be lost during the cancellation period if the service is provided in full before the 14 days elapses.

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