Distance Selling Regulations / SOGA

rory1306

Hi all

This is my first post on here so I hope I have posted in the correct place.

I purchased a website through a company called DPBUK Limited two days ago through a dropshipping website, I did research them first, the reviews weren't great, but I decided to go ahead thinking its a simple task what can go wrong.

I have experience in creating online stores using Opencart and have a relitively good understanding of web design but I wanted the xml feed of products which I could only get by purchasing one of their websites.

All was well initially, the site came up and I spent all night last night getting it sorted; the look of the website itself wasn't was I was used to, it looked like something from 2000, anyway, I accepted that this is what I had paid for, after all it had the product feed that I wanted so I was happy...

Next there was a problem with the FTP access to upload files using FTP clients such as FileZilla, I contacted their support and this is when it all went pear shaped...

I was told that the FTP access has been permanently disabled for all users, due to a breach of security via FTP in Russia...

They did give me an option of booking a 2-hour slot within working hours where they would allow me access to upload files and folders to my website, I have never had this happen with any other web host before and I have used a few! I was advised that I could use the file manager in Cpanel which I knew anyway but you can only upload a file at a time which will take hours.

I needed time to think about whether I needed to book a slot so I decided to have a look at my website and relax for a while...

So I went to my website and it was gone - I received a 403 forbidden error, not looking good I contacted support to which I receive a reply implying I had deleted the files myself, I had spent hours getting it how I wanted it so why would I do that...

There was alot of 'well you must have done this or that', as there was no FTP access, I would have had to log into the cPanel, go to file manager and click every single box on the server and click delete for the whole website to disappear.

They have said as I caused it, which I clearly didn't as it was working fine just 10 mins before I contacted them regarding FTP access, they would re-install my website from scratch if I agree as a one-off.

I no longer want to continue with this company and wish to cancel the order, so under the circumstances would I be legally entitled to cancel the contract for a full refund.

I initially paid £79.99 for the website, £85 for 1 year hosting and £35 for a complete marketing guide, which I am happy to keep as that was my mistake! I would be looking for the years hosting and cost of the website to be refunded.

Where would I stand under the Distance Selling Regulations 2000 or SOGA 1979 (as amended), could I reject the order?

I am really unhappy as FTP access comes as standard with any web host and the option to add more FTP users is there in Cpanel but has been disabled so you can't log in, had I have been aware of this issue initially I would have reconsidered my options!

And of course there is the issue I have with being made out to be lying, I am 100% certain I did not delete those pesky files!

I have tried to explain the situation in the most unbiased way.

One last thing, I paid using paypal

The company just keep rejecting my request for cancellation and are being so patronzing, making out I don't have a clue what I am talking about!

Would someone mind checking our their terms and conditions and telling me where I stand?

dropshipland.com/terms-service-i-1.html

I have already started a PayPal claim and contacted my bank to start a Visa chargeback dispute.

My only downfall is that I did not check their t's & c's but at no point did the order form advise that by proceeding I would be bound by any terms and conditions.

Any advice would be greatly appreciated!!

Rory

halibut2209

First question - is this a business to business transaction? It certainly sounds as if it is.

rory1306

halibut2209 wrote: »

First question - is this a business to business transaction? It certainly sounds as if it is.

Hi Halibut, that's a good question, I dont think it was a business transaction as I am not a business customer...

I saw the offer and thought that it would be a good idea... silly me!

halibut2209

You don't need to be a "business customer" to make a business transaction. You said you were creating an online store. Personally I think that would mean that this is a business transaction rather than a consumer one. You're buying something for personal gain, not personal use.

Also, it's supplying a service rather than goods, and the service had already started so that's where it all gets a little more complicated I feel, and is out of my area.

But we do have some people around who are more "au fait" with this sort of thing

PS Rory is an awesome name. Must watch some more Doctor Who

rory1306

halibut2209 wrote: »

You don't need to be a "business customer" to make a business transaction. You said you were creating an online store. Personally I think that would mean that this is a business transaction rather than a consumer one. You're buying something for personal gain, not personal use.

Also, it's supplying a service rather than goods, and the service had already started so that's where it all gets a little more complicated I feel, and is out of my area.

But we do have some people around who are more "au fait" with this sort of thing

PS Rory is an awesome name. Must watch some more Doctor Who

That would make sense, however if it is it was not clear at point of sale!

I am thinking if it is business to business then maybe I am not covered, it gets me as I only became unhappy when things went wrong and I was blamed for the issues when I knew I had done nothing wrong.

I fully understand SOGA as this is what I do for a day job, not so clear on this situation as it would be classed as a service

earthstorm

I was told that the FTP access has been permanently disabled for all users, due to a breach of security via FTP in Russia...

This is news to me and i have been running a hosting business for 11+ years.
I would ask them to provide evidence of this.

Their are plenty dropshippers that provide rss feeds and wont cost as much as DPBUK.

yes DPBUK have a bad reputation

wealdroam

Hello Rory, I've just looked at that website, http://www.dropshipland.com/, and I too cannot find that you are asked to approve the T&Cs during the ordering process.

In fact the only place that I can find where you actually go to purchasing something takes you directly to a paypal page and invites you to login with your paypal id. :eek:
I didn't go any further.

Do they really expect people to sign their money away without agreeing to terms?

rory1306

wealdroam wrote: »

Hello Rory, I've just looked at that website, dropshipland .com, and I too cannot find that you are asked to approve the T&Cs during the ordering process.

In fact the only place that I can find where you actually go to purchasing something takes you directly to a paypal page and invites you to login with your paypal id. :eek:
I didn't go any further.

Do they really expect people to sign their money away without agreeing to terms?

Wealdroam, this is my point exactly, if I had of needed to accept the T's and C's before completing the order, I wouldn't be posting here today as I would know by looking at the terms that they do not accept cancellations, my initial thoughts were that the thoughts were that their terms are in breach of the DSR? But I couldn't be sure.

I cannot see how they can implement the terms and conditions when the ordering process has no mention of the terms and conditions?

rory1306

earthstorm wrote: »

This is news to me and i have been running a hosting business for 11+ years.
I would ask them to provide evidence of this.

Their are plenty dropshippers that provide rss feeds and wont cost as much as DPBUK.

yes DPBUK have a bad reputation

I didn't question them, I just assumed they were being truthful, however their responses soon became patronising and accusing...

unholyangel

rory1306 wrote: »

Wealdroam, this is my point exactly, if I had of needed to accept the T's and C's before completing the order, I wouldn't be posting here today as I would know by looking at the terms that they do not accept cancellations, my initial thoughts were that the thoughts were that their terms are in breach of the DSR? But I couldn't be sure.

I cannot see how they can implement the terms and conditions when the ordering process has no mention of the terms and conditions?

The T&C's you link state they are trade terms. Sounds as if you have signed up to a b2b transaction - to which the DSRs will not apply.

Coopdivi

There are lots of really quite dreadful comments about this website on Web of Trust.

http://www.mywot.com/en/scorecard/dropshipland.com?utm_source=addon&utm_content=rw-viewsc

The address given on the website appears to be a mail forwarding service if this is anything to go by:

http://www.companiesintheuk.co.uk/ltd/wincham-accountants

The contact details on the Domain Registration have been hidden behind a proxy:

http://who.godaddy.com/whois.aspx?k=+MKWwh/Tv5P++BIOcOUkHIxThOC5HoztvKV32SJnbrYVMygCiUf2Utj1h3rbd1Dv&domain=dropshipland.com&prog_id=GoDaddy

I hope I'm wrong but I think you've lost your money to a bunch of scammers.