[access-uk] Re: Inaccessible website and your rights

  • From: "Michael Moore" <mikeis@xxxxxxxxxxxx>
  • To: <access-uk@xxxxxxxxxxxxx>
  • Date: Wed, 19 Feb 2014 15:44:38 -0000

Paul,

Many thanks for this information. I purchased credits for an auction site
Mad Bid but am unable to bid and watch the bidding without a massive amount
of navigating from PC to virtual cursor with JAWS and the mobile site is no
better. They are saying they cannot refund, due to distance buying laws, but
I don't understand.

If you wish to reply, email me on:

mikeis@xxxxxxxxxxxx

..as this may be now off topic. Sorry to all if ti is.

Regards,

Mike 

-----Original Message-----
From: access-uk@xxxxxxxxxxxxx [mailto:access-uk@xxxxxxxxxxxxx] On Behalf Of
Paul Warner
Sent: 19 February 2014 15:07
To: access-uk@xxxxxxxxxxxxx
Subject: [access-uk] Re: Inaccessible website and your rights

It depends.  If the supplier is based in the UK, there is no doubt that the
Equality Act 2010 would apply.  However, there is no hard and fast
rule: it depends on the nature of the goods or services you are purchasing
in that if they are purely visual and cannot really be represented in any
other way, there is little the supplier or seller can do.  The obligation is
to make reasonable adjustments and, in relation to information which is
readable in text format but which is an image, then a case can be made.
Remember that this duty to make reasonable adjustments to make products and
services accessible is statutory - the rules apply even if the contracts are
silent on the matter.

If no screen reader can access information which is required to use the
software or service, then it does suggest that the supplier is in breach of
the provisions of the Act.  In that case, the supplier is very likely to
offer a full refund since it will probably be far more costly for them to
make the service accessible in the short term.

Although I am from a legal background, this is really not my field and I
hope that those who are better informed will contribute to this.

Paul


On 19/02/2014 14:50, Michael Moore wrote:
> Hello,
>
> Can I ask if a VI person has rights if he/she has purchased services 
> on-line, but which are not accessible by a screen reader? Despite any 
> contracts, is the person due to have a refund?
>
> Thoughts please,
>
> Mike
>
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