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Distance Selling Regulations - Re: refund of sale items

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  • A_Geordie
    A_Geordie Posts: 270 Forumite
    Third Anniversary 100 Posts Name Dropper
    edited 16 July at 10:28PM
    JayForr said:
    On companies house they have an address registered in Manchester. 
    2 clothing co's at that address 
    wearebound & unik clothing, with same single director & S newton investments, same director

    Another SECTION 18 - GOVERNING LAW
    These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United Kingdom.

    So is this the same company?

    No address listed on the site.
    No company No on site.
    The domain name is wearebound.co.uk
    The terms and conditions say it is operated by Bound
    There is a company called we are bound limited
    The sole director's name is Jacob Messer
    There is a contact email address called Jake@bound.co.uk
    Interestingly, the domain name has been rgeistered since 2018. 

    You only need to prove to the court on a balance of probabilities but based on the above, I would be inclined to say that the trader the OP contracted with is we are bound limited. Up to the company to then provide evidence to the contrary.
  • DullGreyGuy
    DullGreyGuy Posts: 18,613 Forumite
    10,000 Posts Second Anniversary Name Dropper
    A_Geordie said:
    JayForr said:
    On companies house they have an address registered in Manchester. 
    2 clothing co's at that address 
    wearebound & unik clothing, with same single director & S newton investments, same director

    Another SECTION 18 - GOVERNING LAW
    These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United Kingdom.

    So is this the same company?

    No address listed on the site.
    No company No on site.
    The domain name is wearebound.co.uk
    The terms and conditions say it is operated by Bound
    There is a company called we are bound limited
    The sole director's name is Jacob Messer
    There is a contact email address called Jake@bound.co.uk
    Interestingly, the domain name has been rgeistered since 2018. 

    You only need to prove to the court on a balance of probabilities but based on the above, I would be inclined to say that the trader the OP contracted with is we are bound limited. Up to the company to then provide evidence to the contrary.
    But "Bound" is not the same as "We Are Bound Limited" 

    There is a host of problems for a uk based company with their website... not identifying the legal entity. saying the legal jurisdiction is the UK which isnt a jurisdiction, that the site was to come back online at a "GMT" time when the UK is in BST (GMT+1). Generally you would say it's a far east company pretending to be in the UK. 

    However if that is the legal entity they are filing accounts that will result in a reasonable tax liability whereas most dont. Their end to end delivery is quick without the normal splitting sending/delivery. Im torn between them being a legitimate smallish company making a hash of things and then being an offshore company pretending. 

    If the OP says they returned the goods to a uk address it'd probably swing it. There are certainly some moderately successful UK businesses, even ones appearing in the local rag with positive stories, that have no idea about the law. 
  • born_again
    born_again Posts: 20,596 Forumite
    10,000 Posts Fifth Anniversary Name Dropper
    A_Geordie said:
    JayForr said:
    On companies house they have an address registered in Manchester. 
    2 clothing co's at that address 
    wearebound & unik clothing, with same single director & S newton investments, same director

    Another SECTION 18 - GOVERNING LAW
    These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United Kingdom.

    So is this the same company?

    No address listed on the site.
    No company No on site.
    The domain name is wearebound.co.uk
    The terms and conditions say it is operated by Bound
    There is a company called we are bound limited
    The sole director's name is Jacob Messer
    There is a contact email address called Jake@bound.co.uk
    Interestingly, the domain name has been rgeistered since 2018. 

    You only need to prove to the court on a balance of probabilities but based on the above, I would be inclined to say that the trader the OP contracted with is we are bound limited. Up to the company to then provide evidence to the contrary.
    Which is exactly what I was linking too.. 🤷‍♀️

    https://find-and-update.company-information.service.gov.uk/company/11372569/officers
    Life in the slow lane
  • A_Geordie
    A_Geordie Posts: 270 Forumite
    Third Anniversary 100 Posts Name Dropper
    edited 17 July at 7:28AM
    But "Bound" is not the same as "We Are Bound Limited" 

    There is a host of problems for a uk based company with their website... not identifying the legal entity. saying the legal jurisdiction is the UK which isnt a jurisdiction, that the site was to come back online at a "GMT" time when the UK is in BST (GMT+1). Generally you would say it's a far east company pretending to be in the UK.  
    I'm not sure what point you're trying to make between Bound and We are Bound Limited. There was and seems to be a trend of using domain names such as "we are X" or "Its Y" so the fact that the terms state bound and domian is wearebound in my view are closely linked (sufficiently enough to make a determination) .

    Having said that I looked again and the terms state We are Bound Clothing Limited, I don't remember seeing the "Clothing" but it was late last night so easy mistake if I missed it  :D

    Nonetheless, that company is operated by the same director as We Are Bound Limited, it was incorporated in 2018 which ties in around the same date of the domain name registration so I'll retract what I said and say it is reasonable to think the correct company on the face of it is We Are Bound Clothing Limited. 

    Sure, it's not a foregone conclusion and it's possible that it could be operated by an overseas company, but this website layout seems to be a basic template and I wouldn't at all be surprised if the website is a free/basic version of a shop setup template offered by Shopify aspart of a package or something and perhaps why the terms are skewed and not in line with the law over here.

    If it isn't the right company then I am sure the OP would know about it pretty swiftly if they issued proceedings. Comes down to what the OP wants to do and assuming the price paid is below £300, whether it's worth £35 quid to take a punt and get thier money back. 


    Which is exactly what I was linking too.. 🤷‍♀️

    https://find-and-update.company-information.service.gov.uk/company/11372569/officers
    Yeah but you asked which company was it and I think between the two it was pretty obvious out of the two. Unikclothing has its own website with the same name so I wasn't sure what you were really asking or saying, hence my reply.
  • DullGreyGuy
    DullGreyGuy Posts: 18,613 Forumite
    10,000 Posts Second Anniversary Name Dropper
    A_Geordie said:
    But "Bound" is not the same as "We Are Bound Limited" 

    There is a host of problems for a uk based company with their website... not identifying the legal entity. saying the legal jurisdiction is the UK which isnt a jurisdiction, that the site was to come back online at a "GMT" time when the UK is in BST (GMT+1). Generally you would say it's a far east company pretending to be in the UK.  
    I'm not sure what point you're trying to make between Bound and We are Bound Limited. 
    In part it was my initial misreading of your post but secondly there have been several companies called Bound Ltd including one that is still active. Their website at no point correctly identifies the legal entity which at a minimum is a breach of laws and could be intentional deception that people are to assume "Bound" in their T&Cs should be interpreted as Bound Ltd, an unrelated legal entity.
  • born_again
    born_again Posts: 20,596 Forumite
    10,000 Posts Fifth Anniversary Name Dropper
    A_Geordie said:
    Which is exactly what I was linking too.. 🤷‍♀️

    https://find-and-update.company-information.service.gov.uk/company/11372569/officers
    Yeah but you asked which company was it and I think between the two it was pretty obvious out of the two. Unikclothing has its own website with the same name so I wasn't sure what you were really asking or saying, hence my reply.
    My reply was pointing out that yet again we see several companies operating out of the same address. Which given that these are not well know brands. Why??
    Life in the slow lane
  • Exodi
    Exodi Posts: 3,993 Forumite
    Eighth Anniversary 1,000 Posts Wedding Day Wonder Name Dropper
    edited 17 July at 1:01PM
    Like others when I first read this, I thought this would be one of the classic far east operations setting up a shopify website called "[Typical English][Typical English] London" - e.g.

    MICHAEL JAMES
    London

    But having looked at the site, it looks pretty legit to me (though I can understand why forum-posters are ever-suspicious)

    To give some reasons of why I think it's legit:

    Nearly 1k reviews on trustpilot, overwhelming positive: https://uk.trustpilot.com/review/wearebound.co.uk

    WHOIS shows domain registration in Jan 2018 (scam websites are often new as they don't stay up long): https://who.is/whois/wearebound.co.uk and the registrar being GoDaddy.com. This would not be the choice of a scammer who typically stick to certain registrars that offer cheap services with extensive privacy options.

    The website states the company is WE ARE BOUND CLOTHING LIMITED, which can be found on companies house: https://find-and-update.company-information.service.gov.uk/company/11372569
    (of course not suggesting you can't copy an existing companies name, though unlikely to be fortunate enough to pick up the domain wearebound.co.uk)

    The social links on their website work! Virtually no scam websites bother setting up social media links on their website (they just show the icons at best with a link that redirects back to the home page). https://www.facebook.com/wearebound1
    https://www.instagram.com/wearebound/
    https://twitter.com/i/flow/login?redirect_after_login=/wearebound_

    If this is a scam, they deserve every penny they get in my opinion!

    I think the rest of the thread should be continued on the assumption they are not a nefarious company acting out of the far east.
    Know what you don't
  • DullGreyGuy
    DullGreyGuy Posts: 18,613 Forumite
    10,000 Posts Second Anniversary Name Dropper
    A_Geordie said:
    Which is exactly what I was linking too.. 🤷‍♀️

    https://find-and-update.company-information.service.gov.uk/company/11372569/officers
    Yeah but you asked which company was it and I think between the two it was pretty obvious out of the two. Unikclothing has its own website with the same name so I wasn't sure what you were really asking or saying, hence my reply.
    My reply was pointing out that yet again we see several companies operating out of the same address. Which given that these are not well know brands. Why??
    First of all, what is the address?  I can assure you my company is a legitimate company but if you check its registered address there are 1,059 companies registered at that address because we use our accountant's. 

    Secondly, plenty of people run more than one small company, a friend had a cafe with a B&B above it and a guitar repair business. All three were registered at the cafe's address but the guitar business was all done offsite. 


    There are two clothing businesses, nothing wrong with that, SAMUEL NEWTON INVESTMENTS is the more odd one as its listed as a Hold Co with a large balance sheet but no obvious subsidiaries 
  • eskbanker
    eskbanker Posts: 37,384 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    A_Geordie said:
    Which is exactly what I was linking too.. 🤷‍♀️

    https://find-and-update.company-information.service.gov.uk/company/11372569/officers
    Yeah but you asked which company was it and I think between the two it was pretty obvious out of the two. Unikclothing has its own website with the same name so I wasn't sure what you were really asking or saying, hence my reply.
    My reply was pointing out that yet again we see several companies operating out of the same address. Which given that these are not well know brands. Why??
    As above, there's a big difference between multiple companies operating out of the same address and being registered at one!
  • DullGreyGuy
    DullGreyGuy Posts: 18,613 Forumite
    10,000 Posts Second Anniversary Name Dropper
    eskbanker said:
    A_Geordie said:
    Which is exactly what I was linking too.. 🤷‍♀️

    https://find-and-update.company-information.service.gov.uk/company/11372569/officers
    Yeah but you asked which company was it and I think between the two it was pretty obvious out of the two. Unikclothing has its own website with the same name so I wasn't sure what you were really asking or saying, hence my reply.
    My reply was pointing out that yet again we see several companies operating out of the same address. Which given that these are not well know brands. Why??
    As above, there's a big difference between multiple companies operating out of the same address and being registered at one!
    And plenty have multiple companies operating out the same building. Churchill Court in Bromley has 21 companies registered there and probably circa 23 companies operating from that building. They like the three we are discussing are all related entities and many people in the building will work across a range of the companies as part of their day job; others may only work on behalf of a selection of them. 
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