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fightalpha

On Distance Selling Regulations
« on: September 05, 2014, 09:10:22 pm »
Reposted this from here

“Under the DSRs, a customer’s right to cancel is unconditional.
If customers cancel before they have received the goods, you must refund the total price of the goods, including any delivery charges.
If they cancel, they can refuse to accept delivery of the goods. This cannot be treated as a breach of contract.”
I obviously cited the DSR and quoted the following:

DSR is here:  http://dshub.tradingstandards.gov.uk/dsrexplained

I stated that Alpha was not denying that this law would apply to consumers, but rather was trying to recategorize their customers as businesses rather than consumers.

I stated that I was not a business and also that no representation was made by Alpha prior to sale that these sales would be treated as sales to a business.  Further to that I pointed out that the tax brief they repeatedly cite was issued AFTER my purchase and that it clearly states that it is for tax purposes only:


“The tax treatments outlined in this brief are for tax purposes only. They in no way reflect on the treatment of cryptocurrencies for regulatory or other purposes.

Given the evolutionary nature of these cryptocurrencies, HMRC will issue further guidance as appropriate.

Issued 3 March 2014”

I provided a link to the tax brief also.  I printed that out also and submitted it as supporting documentation, along with their e-mail citing that brief.  That brief is here:


 http://www.hmrc.gov.uk/briefs/vat/brief0914.htm

What I also cited, which may be new to some people, is the Consumer Protection from Unfair Trading Regulations 2008, which prohibits material omissions of fact, among other things.  This omission of intent to categorize this as a B2B sale prior to sale is a material fact that was not disclosed prior to sale.  Alpha T is in violation of several things in this law.  I would recommend anyone trying to get a refund read that entire thing, there is plenty in there that can be used.

It is located here:

http://www.legislation.gov.uk/ukdsi/2008/9780110811574/regulation/6
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Jaoutant

Re: On Distance Selling Regulations
« Reply #1 on: October 16, 2018, 04:34:59 am »
I just knew it was this. If anyone has a question I can answer it. Maybe I will know some things.