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UK-Justice
UK-Justice, Barrister
Category: Law
Satisfied Customers: 16193
Experience:  Called to the Bar in 2007
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I purchased a new template for my website on the 14th Feb.

Customer Question

I purchased a new template for my website on the 14th Feb. I had previously corresponded with the company providing it and was happy to go ahead (I'm in the UK, they are in the US)
They needed some further information that I did not have to hand at the time of purchase but it was made clear at checkout this would be requested from me afterwards.
I received no acknowledgement to the order and no request for the further information, without which they could not proceed to install the template. For over a week I had no replies to my emails until I asked for my money to be refunded.
They insist they have sent the emails requesting the information. All I know is that I have not received them and so continued to ask for a refund as I felt I could not work with someone who did not answer my emails or lied about sending them in the first place.
They continued to ask for the additional information so they could install and then inferred that I was lying about not receiving their emails!
Things have gone downhill from there.
Yesterday I had an email saying the template had been installed. I do not know how they have achieved this without the missing information.
I asked them to re-install my old template and keep the money. They have ignored this email.
The new template is not installed correctly. Things I requested have not been done and some of my existing information from the old template is missing.
Although I do not want this new template my money is gone and they are not going to refund it.
I feel the least they can do is install it correctly as I requested at time of purchase. I also want my old template put back into my store admin as there was no need to remove it. I had purchased that template some three years ago and may have wanted to revert to it at some future time. I feel they had no right and no need to remove it altogether. It should still be there an option even though a new one has been added.

I felt my next step should be an email requesting exactly what I have just mentioned above and giving them a deadline for it and threatening them with legal action if this wasn't met.
A contract was entered into at time of purchase and they are not fulfilling their part if the template is incorrectly installed.
Am I right in thinking this?
I would like to know where I stand legally please.
Thank you
Submitted: 4 years ago.
Category: Law
Expert:  UK-Justice replied 4 years ago.
Thanks for your question, I will do whatever I can to help you. Please remember to rate my answer SMILEY FACE OR ABOVE.

Have did you pay?
Customer: replied 4 years ago.


Hi,


 


Via Paypal. But not credit card

Expert:  UK-Justice replied 4 years ago.
First you should dispute through paypal.

That will hold the money,

You can simply tell paypal you did not get what you paid for and are not happy with the service.

They should refund you,

Other than that there is nothing you can do,

As they are based in the USA you can't issue a small claim as you would if they were in the uk,

This is because you would have to sue in the USA and hire a lawyer there,

As I am a uk law expert I can not advise you on USA procedures but the cost is likely to be around £5000 at least.

So dispute with paypal and get them to deal with it,

This is simple and easy way of dealing with iitt.

I hope this helps



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Customer: replied 4 years ago.


That was the first thing I thought of doing but as she has installed the template won't they see that as 'getting what I've paid for'?


Surely, I won't have a leg to stand on?


If Paypal did refund she will remove the template and I am still without my old one.


 

Expert:  UK-Justice replied 4 years ago.
The problem is you can't sue in the USA as its so expensive.

If it was the uk you could sue for money and old template,

You can't do that here, you need to do it in USA.

This is why you need to go through paypal.

It would be too expensive.

I am sorry


Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.