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[Misc] Any business law/consumer rights bods out there?



Scappa

Well-known member
Jul 5, 2017
1,333
Last week I found a web store that sold some items I want to buy in bulk. To try them out as potential suppliers, I placed a small order last Wednesday. The site had a notice stating that due to the number of existing orders, new orders would be processed after the Easter Bank Holiday weekend, which, while mildly inconvenient, didn't seem too unreasonable. Placed the order, using Paypal, and received an email stating that payment had been accepted and to expect another email when the items were ready to send. Having received no such notice by yesterday I contacted them and received the following:


At the moment we are going through a change of management, we are unable to send anything out until this change of management has been completed, we are hoping to resume normal service by next week and will get your items out to you as soon as possible. A notice was on the website informing any customers of the delays in advance of placing an order.

Since I placed the order, the notice on the website (a very small banner at the top of the page, which would find itself hidden under the web-cookies pop-up) has changed from "orders will be processed after the weekend" to

"WE ARE CURRENTLY UNABLE TO ACCEPT ORDERS VIA OUR WEBSITE"

I have since informed them that I wish to cancel the order if they cannot give a definitive date for delivery

So:

1) What are my rights/options?
2) Having used Paypal I assume that if this goes tits up I can recover the money using PP's refund claim/dispute service?

and more widely:
3) Is "a change of management" a standard euphemism for "going into receivership"?
4) If not, is it standard practice for businesses to stop processing orders while under "a change of management"?
5) Why is their web store still accepting payment if all operations are on hold?
6) ...

Would appreciate any advice
 


bha100

Active member
Aug 25, 2011
898
Last week I found a web store that sold some items I want to buy in bulk. To try them out as potential suppliers, I placed a small order last Wednesday. The site had a notice stating that due to the number of existing orders, new orders would be processed after the Easter Bank Holiday weekend, which, while mildly inconvenient, didn't seem too unreasonable. Placed the order, using Paypal, and received an email stating that payment had been accepted and to expect another email when the items were ready to send. Having received no such notice by yesterday I contacted them and received the following:




Since I placed the order, the notice on the website (a very small banner at the top of the page, which would find itself hidden under the web-cookies pop-up) has changed from "orders will be processed after the weekend" to



I have since informed them that I wish to cancel the order if they cannot give a definitive date for delivery

So:

1) What are my rights/options?
2) Having used Paypal I assume that if this goes tits up I can recover the money using PP's refund claim/dispute service?

and more widely:
3) Is "a change of management" a standard euphemism for "going into receivership"?
4) If not, is it standard practice for businesses to stop processing orders while under "a change of management"?
5) Why is their web store still accepting payment if all operations are on hold?
6) ...

Would appreciate any advice

Simple one this.

Your right to cancel an order for goods

The Distance Selling Regulations state that your right to cancel an order starts from the moment you place your order, and doesn’t end until seven working days from the day after you receive your goods. This period is extended in cases where the seller failed to provide the required information to you after you'd bought the goods (ie after you agreed the contract with the retailer).

Seven days is the minimum legal cancellation period, and many sellers choose to exceed this, so always check the terms and conditions in case you have longer to return your items.

As this seven-day working period is the time you have to decide whether to cancel the contract, by law the seller can’t say that you must have returned the goods within this time frame.

If you wish to cancel a contract, you should send notice of your cancellation to the supplier by email, letter or fax.
 


Springal

Well-known member
Feb 12, 2005
23,708
GOSBTS
Simple one this.

Your right to cancel an order for goods

The Distance Selling Regulations state that your right to cancel an order starts from the moment you place your order, and doesn’t end until seven working days from the day after you receive your goods. This period is extended in cases where the seller failed to provide the required information to you after you'd bought the goods (ie after you agreed the contract with the retailer).

Seven days is the minimum legal cancellation period, and many sellers choose to exceed this, so always check the terms and conditions in case you have longer to return your items.

As this seven-day working period is the time you have to decide whether to cancel the contract, by law the seller can’t say that you must have returned the goods within this time frame.

If you wish to cancel a contract, you should send notice of your cancellation to the supplier by email, letter or fax.

DSR only applies to consumers not businesses. So that depends on how the order was placed - as an individual or a company.
 


juliant

Well-known member
Apr 4, 2011
555
Northamptonshire
Has the paypal transaction actually cleared or does it still show as pending? If pending you might be best to quickly ring paypal and explain the issue and they may cancel it. If its gone thorough as paid then they will probably make you wait the necessary days and then raise a claim for it back.

Worth a call to them, number available on google and they are very helpful to speak to
 



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