No cooling off period on deposit paid following sales call?

Stitsophrenic

Hello there, I wonder if any of you could offer me some advice.

I was contacted by telephone this aternoon by Orchid Studios, who told me that following a survey I had been selected to receive a free VIP pamper day and photoshoot for myself and a friend.

After talking me through the day, I was asked if I'd like to take the opportunity and I agreed. I was then told I'd need to place a refundable deposit of £49.99 for the day and put through to a supervisor to confirm my booking.

The supervisor then informed me that the deposit was £99.99 which I questioned, she told me that it was actually £49.99 per person, but I could book for just myself and add other people later, which I did. She provisionally booked a date for me in may and said that I could rearrange the date up to 7 days before.!

After the telephone call I started to have second thoughts and after looking at their website and seeing that actual photographs cost from £46!+ vat each decided that going on the day was pretty pointless since I wouldn't be able to afford the pictures....and tbh didn't really want any.
I scoured their website for a cancellation policy, but couldn't find one.

Later this evening another representative called me to confirm my details and booking. He told me that if I wanted to book the Saturday I had initially requested, I would need to pay another £10 per person.
I told him that I had not been told that in the initial call and asked about their cancellation policy.!He told me that they didn't have one and that my deposit would be refunded when I attended and would otherwise be forfeited.

I asked if there was a cooling off period in which I would have the opportunity to cancel since I was sold the day over the telephone, without being given enough time to fully think it through and (at this point he began to stutter and kept saying he couldn't hear me properly) he told me that there was no cooling off period as it is a leisure activity which means its exempt and that I haven't actually been sold anything, I've just paid a fully refundable deposit.

I asked if there was any way I could have a refund and he said no, not unless I attend, but I could transfer the voucher to someone else.

Is there anything I can do to get my money back?!
I really don't want to go and kind of feel like I've been done!

Many thanks in advance,
Amanda

Stitsophrenic

My apologies for all the unnecessary exclamation marks, I'm not sure how they happened.

bod1467

This may come under the Consumer Protection (Distance Selling) Regulations. Whilst this is a service, no part of the service has yet started so you have an unconditional right to cancel (within 7 days?), and thus a full refund of any monies paid.

That's as I understand it, but I'd wait for confirmation/advice from others first.

BTW - did you pay by credit or debit card? (Section 75 won't apply, but you may be able to do a chargeback if the supplier doesn't play ball. See links at top of this forum).

arcon5

(2) Regulations 7 to 19(1) shall not apply to—
(a)contracts for the supply of food, beverages or other goods intended for everyday consumption supplied to the consumer’s residence or to his workplace by regular roundsmen; or
(b)contracts for the provision of accommodation, transport, catering or leisure services, where the supplier undertakes, when the contract is concluded, to provide these services on a specific date or within a specific period.

........................

bod1467

OK. So DSRs don't apply.

That does NOT mean though that you cannot cancel. It just means that they can withhold provable losses from your deposit.

Anyone else care to try and help the OP rather than simply "clarify" my posts?

Stitsophrenic

To answer your question, I paid by debit card.

They told me that the deposit was required to protect the earnings of the stylists and make up artists should I not turn up.

But I suppose that it could be argued that if they require only 7 days notice of a date change, they wouldn't be incurring any losses should a cancellation be made before this time.

Should they have told me that I couldn't cancel without losing my deposit during the initial call?

*sigh*

I never do silly things like buy over the telephone from cold callers, I'm such a wally!

arcon5

bod1467 wrote: »

OK. So DSRs don't apply.

That does NOT mean though that you cannot cancel. It just means that they can withhold provable losses from your deposit.

Anyone else care to try and help the OP rather than simply "clarify" my posts?

I know Leisure services are excluded, but I don't really know the answer to ops question. Hence why my post was limited, not in any way to demean your post

But yes op could breach the contract and cancel - they would be required to mitigate their losses. How much op would get back though is questionable - but probably not much.

They could also agree to find somebody else, if they don't they could have a case for keeping the deposit.

Op could file a chargeback - but not sure what grounds op would have to do so. Chargebacks are not intended for cases where the buyer has had a change of heart.

However you look at it, I cant see op achieving what she's after - a full refund. So if it is not too far away, maybe ops best bet is to attend and not take any forms of payment, receive the deposit refund and move on.

nomoneytoday

Why not go along, and not buy any pictures, whilst checking that the refund will be to your card and not vouchers etc ?

pinkshoes

Just go along, don't take any cards with you, and WHEN they try and sell you finance to pay for the photos, tell them you can't take any finance due to bancruptsy.

Not sure how this classifies as leisure, as they're ultimately selling you a product.

Stitsophrenic

Thank you so much for your replies!

It looks like I'll have to go to the session and not get any photo's....what a waste of time eh, oh well, I've only myself to blame.
I wonder how many people get taken in by these 'offers'.

They have emailed me today to inform me that I need to bring with me on the day, the card I paid with over the phone (so they can refund the deposit) and two forms of identification, one photo id and either a utility bill or a bank statement dated within the last three months (so I can prove my identity).
Seems like rather a lot of info to have to bring...hmmm.

bod1467

That's to a) ensure you have a form of payment, and b) to ensure you have necessary ID so they can sell you more than your bank account limit via a credit agreement.

If you go, be prepared for a VERY hard sell.