no-withdrawal clause in contract

christiane

i was offered an advertising space yesterday, which I accepted. The seller announced that there is no withdrawal from contract since they would not allow any competitor to advertise in the same space. I agreed.

I was then send an invoice restricting payment methods (no credit card payment allowed), which I was not aware of.

I cancelled the contract since I have no other funds available. The seller insists that he did have no legal obligation to inform me of payment restrictions prior to the sale.

can I have some input into this since in my opinion sales contracts need to clearly outline payment options in order to be complete!

somethingcorporate

Tricky one - there is no such thing as a "complete" contract. Just well written ones and badly written ones.

You have agreed to pay x for service / product y. Ultimately you are responsible for paying your side of the contract and if they do not take CC then you will have to find another way to pay. I don't think that the lack of payment details in the contract makes it possible for you to get out of.

I am not a lawyer so just my opinion.

paddyrg

Can you pay some other way? On 30-day invoice by cheque, for instance? If they're reputable, they should accept that.

bod1467

If they won't take CC payments (even via Paypal or similar) then this would raise my SCAM-ALERT flag.

scheming_gypsy

Paypal isn't a credit card payment, it's a Paypal payment but you used your credit card to upload the money to Paypal.

I wouldn't say it sounds like a scam, just the fact they're a small company that doesn't have credit card facilities.

mynameisdave

What are the payment methods they are accepting.

If they forgot to tell you that you could only pay in a single specific foreign currency then it would sound dodgy. If they are accepting cheque, debit, bank transfer etc etc then it may just be they cant accept CC

geo555

christiane wrote: »

i was offered an advertising space yesterday, which I accepted.

Was you cold called and offered the advertising in a police/hospital magazine?

http://www.liverpoolecho.co.uk/liverpool-news/local-news/2010/03/26/liverpool-publishing-firm-at-centre-of-scam-advertising-probe-100252-26113037/

If so contact trading standards to investigate.

bod1467

scheming_gypsy wrote: »

I wouldn't say it sounds like a scam, just the fact they're a small company that doesn't have credit card facilities.

I'm a small company who doesn't have CC facilities but I accept payment via Paypal (where the other party can use their CC without needing a Paypal account). So your argument doesn't really fly.

scheming_gypsy

bod1467 wrote: »

I'm a small company who doesn't have CC facilities but I accept payment via Paypal (where the other party can use their CC without needing a Paypal account). So your argument doesn't really fly.

Yes it does because....

scheming_gypsy wrote: »

Paypal isn't a credit card payment, it's a Paypal payment but you used your credit card to upload the money to Paypal.

.

just because you deleted it doesn't mean it doesn't exist. You don't accept credit card payments, you accept Paypal payment and whether the buyer users a credit card, debit card, existing funds or direct from bank; it's still a Paypal payment and not a credit card payment.
the money goes from the upload method, to Paypal and then 'emails' across to the recipient who receives it in their Paypal account.


The OP didn't mention Paypal as a payment method, just that they wanted to pay by credit card.

undaunted

Are you a business rather than a consumer?

If a business this wont apply but if you are a consumer & advertising for something other than your business have a look at distance selling regs.

arcon5

undaunted wrote: »

Are you a business rather than a consumer?

If a business this wont apply but if you are a consumer & advertising for something other than your business have a look at distance selling regs.

Although it's highly unlikely op is acting in a personal capacity, if the service was to start in less than 7 days you forfeit your rights to cancel from that point -- it's likely the service also included design or similar which waivers ops rights to cancel.