Am I entitled to a refund? - Ann Summers Party

cheapskatestudent

Hi,

I attended an ann summers party last night for the first time. I was not planning on spending much money as I am very strapped for cash right now but the hostesses kept filling up our drinks and ended up getting us all very drunk and I spent a fortune on things I would never normally buy!

I woke up this morning regretting it greatly and have phoned and text the hostess asking to cancel my order but I have not heard back. I wrote down my credit card details and as yet the payment has not been taken from my card. Am I entitled to cancel the order considering I have received no goods and she is not going to order them until Wednesday?

Any help from Ann summers representatives or anyone would be much appreciated

edit:

I would just like to point out that I take full responsibility for drinking too much but I was just wondering if there was any way to get out of the order! It was completely my own fault the state I was in and I am not questioning that.

Mankysteve

I presume it will come under distance selling so reg so yes. Did nt they give your recept with your returns/refund rights.

OlliesDad

Mankysteve wrote: »

I presume it will come under distance selling so reg so yes. Did nt they give your recept with your returns/refund rights.

I think this may be a grey area as who is the seller? The host or Ann summers?

If it is the host then their home would be classed as their usual place of business, so the DSR wouldnt apply.

I would argue the fact that as you were under the influence you were not in a fit state to be entering into a contract of sale, therefore it is null and void.

Have a word with the hostess though, they may agree to cancel the sale.

cheapskatestudent

It is a wee bit confusing. The hostess was my friend and it was in her flat but the organisers (who buy the stuff and then deliver it to the hostess) just come to the flat and play games with us and provide entertainment for the night (it is the entertainers who make a profit from the night).

I did get a receipt but there is a very limited terms and conditions section. It simply says that they do not offer refunds by cash, cheque or credit card. If an item is unwanted they will exchange it for vouchers.

The goods have not been ordered and payment has not been taken and on close inspection to my receipt I have filled in the wrong details for my credit card on the form (probably due to my drunken state)

Does anyone know if I am contracted to pay?

anna_conda

Not sure about the facts for the OP but I had an interesting experience when my daughter hosted an Ann Summers party at my house. When everyone had gone except for the demonstrator, who was packing up her stuff, we found that a small errrm 'device' used in the demos was missing. We moved all the furniture, felt down in the depths of the sofa etc, but we could not find it. Someone must have gone home with it, either deliberately or accidentally. However, the demonstrator just assumed then that my daughter would pay for it. After some discussion we sort of agreed that my daughter was not liable but if I hadn't been there she would have just paid up..... don't think there's a contract between demonstrator and party giver to cover losses....

Sorry OP, I've hi-jacked your thread.

bingo_bango

I don't think DSR are going to apply here no matter what the status of the host is.

The point of DSR is to allow you the chance to examine goods that you haven't been able to do because they are at another physical location. By attending one of these parties, you ARE able to see and touch the goods, so the rights don't apply.

Same situation as going into DFS and trying a sofa. Although they have to order the goods in and then deliver them to you, you wouldn't expect DSR to apply in that situation, would you?

This is actually covered in DSR Schedule 1 which has a list of the accepted means of distance communication. Ordering from an Ann Summers agent isn't included.

As for your right to cancel, The Cancellation of Contracts made in a Consumer’s Home or Place of Work etc. Regulations 2008 will apply here. You should have been given notification that you have 7 days to cancel. See sections 5, 7 and 8 of the regs for more info.

If you have sent written notification to the seller then you are covered.

deanos

Whats the problem do you think it will make your eyes water :rotfl:

The_Pedant

The Cancellation of Contracts made in a Consumer’s Home or Place of Work etc. Regulations 2008 will apply here

I think whether that is the case or not would hinge on who is actually doing the selling.

If the hostess is actually classed as the trader, then wouldn't the house be classed temporarily as their premises (as OlliesDad stated). If however there was an Ann Summers agent present then could it be construed that the sale was actually with them, in which case the house may be classed as that of another 'individual' in which case the Act, as above would apply.

The presence of any alcohol may well be possible grounds to void any possible contract also though.

montyrebel

no one forced you to drink

cheapskatestudent

I know it is my fault I should have refused the drinks! Trust me I feel stupid now. I just can't afford what I wrote on my order form. I can't even understand why I ordered such an expensive order. Dont think I should take my credit card out with me next time I am planning on drinking.

I will try and send written notice and hopefully will be able to cancel the order!

Thanks for all your help!

4743hudsonj

my mother actually hosts these sort of parties for jamie oliver

she does it as a part time, time filler

they all get very drunk and have a good time but if somebody wants to cancel she allows it immediately

this save the hassle of her filling gout the forms to return it when they get the item and refuse delivery

id wait to just talk to the host,

as for who is selling, as far as i can see on the jamie at home model

the company jamie at home actually sell the goods, the hosts are just representatives,

like going into a car sales room, your buying of the garage not the salesmen themselves.