ViV3Labs
Hope this can help anyone trying to get their money back

Chrissy27
07-30-2009
67

I really hope that the following information is useful in trying to get your money back, at least for anyone in the UK.

(1) BREACH OF CONTRACT

For those who cancelled their account within the 15 day 'free trial'...(check your receipt/invoice for exact shipping date)... and still got charged.

They have breached their own terms and conditions so it's worth writing to them and demanding your money back. If they don't respond pass it on to your bank or credit card company and get them to handle the dispute on yor behalf. (You'll need to show what efforts you've made to get a refund yourself, though)

(2) UNFAIR TERMS IN CONTRACTS

Anyone can use this. Either in conjunction with Breach of Contract or, where you didn't cancel in time, by itself...

"An unfair term in a contract covered by the Unfair Terms in Consumer Contract Regulations (UTCCRs) is not binding on you".

Test of fairness

A term is unfair if:

"Contrary to the requirement of good faith it causes a significant imbalance in the parties' rights and obligations under the contract, to the detriment of consumers".

'Good faith' means that traders must deal fairly and openly with you.

Although standard terms may be drafted to protect commercial needs, they must also take account of your interests and rights by going no further than is necessary to protect those legitimate commercial

interests.

*************

Ayone who wants to get their money back could have a go. You should email them with your own info added.

Even if it doesn't work with viv3labs at least you can show this to yorr bank or cc company as proof of your efforts and then let them takeit over from there.

Good luck everybody. I'll let you know how I get on with my claim.

Christine