Can i get a Refund

MrsPitcher2b

Hi guys

Wasnt too sure if this was the right place to post it but i thought i would try.

Basically in June this year i went for a photoshoot, you know those buy a gift sort of experience days - it was a horrible experience and i was badgered into buying 800 worht of photos (they kept me in the office for 3 hours pushing me!!)

Anyway, i had many rows over it and didnt receive everythign i should have - but the contract was non breakable. The photos were due for delivery within 8 weeks, i still havent received them.

Can i therefore demand a refund because :

Under Section 37 of the Sale of Goods Ordinance, the seller must deliver your goods by the agreed date. The seller should let you know if the goods can't be delivered on time. If the date for delivery has passed and you haven't received anything, you may treat it as though you had never placed the order.

Or, because it was unbreakable does that mean i just can do nothing/ I emailed them yesterday and they said that a refund is not possible and they will try to rectify the situation? But i dont even want the photos i just want my money back - could i take them to small claims court?

Vomityspice

No contract is 'unbreakable'! You just need to find the right circumstances. Unbreakable contracts tend usually to fall under unfair terms (i.e. you are put at a disadvantage)

The person you spoke to undoubtedly doesn't have a clue about contract law so I would take what he says with a pince of salt!

What does your contract say? If it has a date for delivery and that has be missed this would mean that that have breached the contract and you would be able to claim damages (i.e the £800 you spent).

Send a letter saying that they have breached the contract so you are now repudiating it. Also say they must return your payment in full within 14 days otherwise you will start proceedings. If the don't pay up, register your claim (online is easiest) and see them in Court.

MrsPitcher2b

Thank you vomityspice, i replied to them again stating the laws and how they never delivered the goods by the stated date (two weeks after purchase - so about 12 weeks ago!!)

And they just said they cannot issue a refund i have to contact their managers!!! Well i thought i was contacting their managers!

So shall be sending a letter like you said and hopefully get some money back x

Thank you!

marcandal

If you paid on your Credit Card could you possibly get in touch with the credit card company and explain that you haven't received the goods?

I have done this before and they Credit Card company were very helpful but I am not sure if what the timescale is though. I won't go on much!!! just incase you didn't pay by Credit Card!

Alison

Tozer

Vomityspice wrote: »

No contract is 'unbreakable'! You just need to find the right circumstances. Unbreakable contracts tend usually to fall under unfair terms (i.e. you are put at a disadvantage)

The person you spoke to undoubtedly doesn't have a clue about contract law so I would take what he says with a pince of salt!

What does your contract say? If it has a date for delivery and that has be missed this would mean that that have breached the contract and you would be able to claim damages (i.e the £800 you spent).

Send a letter saying that they have breached the contract so you are now repudiating it. Also say they must return your payment in full within 14 days otherwise you will start proceedings. If the don't pay up, register your claim (online is easiest) and see them in Court.

Sorry but this is not correct. Damages for delay would only amount to the losses actually suffered - nominal only I suspect.

You need to make "time of the essence" of the contract. Contact them saying that time for delivery is of the essence and that unless they deliver within the next X days you will be terminating the contract for their breach.

Tozer

Also, what is the Sale of Goods Ordinance?

Phyzelda

This sounds like another wonderful experience with New Id/Burlington.

They are con artists and really need shutting down!!

Have you tried writing to the company in which you booked through. Mine was book via Last minute

Tozer

Phyzelda wrote: »

This sounds like another wonderful experience with New Id/Burlington.

They are con artists and really need shutting down!!

Have you tried writing to the company in which you booked through. Mine was book via Last minute

Generally agents have no liability for acts and omissions of principals.

Phyzelda

Tozer wrote: »

Generally agents have no liability for acts and omissions of principals.

I understand that, but I read somewhere that they would refund you the cost of the experience, worth a try.

hollydays

have you tried searching for the company name on here
without knowing exactly what happened,you did agree to buy these photos, it seems.

MrsPitcher2b

Phyzelda wrote: »

This sounds like another wonderful experience with New Id/Burlington.

They are con artists and really need shutting down!!

Have you tried writing to the company in which you booked through. Mine was book via Last minute

LOL how did you know it was them?!!

Hollydays yes i did agree to buy the photos, but they agreed to deliver them within two weeks - its now been twelve - and they also agreed to give me 20% discount, to cut my hair/manicure/massage etc - when i got nothing like that!

it would be too long to go into now, but just dont ever go through New ID lol