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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69359
Experience:  Over 5 years in practice
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I went to the Cosmetic expo show, I choose to purchased a new

Customer Question

I went to the Cosmetic expo show, I choose to purchased a new beauty equipment. The equipment was very new on Beauty market and I been told by the representative that I can try myself, before I buy. The company who was selling this equipments asked me to give an initial deposit of £500 pounds. I had given them £500 cash. I was given bag with papers and told contract was inside and details about machine, but when I got home and looked inside the bag there was neither a contract or invoice inside. I did not look inside the bag at the time because it was extremely busy. After I found out that there was neither a contract, invoice or any evidence that I paid an initial deposit of £500 pounds I immediately requested by email to please provide me an invoice. I had been sent an invoice of £500 by email.

The company had booked me to go on a training course to try the machine. I had went on the training course because I needed to try the machine and then I could determine if the machine was appropriate for my business needs. The actual treatment was the training very painful, but I accepted this pain because I assumed the end results on the skin will be nice. I was told to sign after the first training to confirm I was satisfied with what was demonstrated with training. The very next day my skin had a reaction. All week my skin was giving an uncomfortable feeling and I was certain I cannot carry out this treatments on my clients, because they will never comeback due to the pain and whole weeks worth of skin reaction.

Based on this experience I had decided not to continue and cancel the agreement to purchase this equipment and informed the company of my decision. Also I ask my for my £500 pounds initial deposit back. I had got an answer back that I cannot get my initial deposit back because my details was passed to the finance company and had carried out training which costs £500 pounds. I ask them to provide the copy of contract, which they never give me which should contain written evidence that I will be charged for training of the exact amount that I paid for deposit. Also I requested evidence what details was passed to finance company if never signed up.

They had told me about different payment options
1. Either I have to provide guarantor, which I could not find,
2. I pay a larger deposit and I would not need a guarantor

All these option was not explained to prior to me before I paid deposit
The company had started to ignore my communications and I am now left without neither any help and loss of £500 pounds. It has been over eight days and still not communications.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
HI.

Thank you for your question . My name is Jo and I will try to help with this.

How can I help with this?
Customer: replied 3 years ago.

1) Can they charge me witch out giving me any contract.


2) Do I have rights to refuse to buy the equipment after my skin had reaction?


3) Can I get back my deposit if I never been explained I will be charged for training if I try the machine?


What says consumer low about it?


 


If I am legally in the right, what do I need to do to my money back?

Expert:  Jo C. replied 3 years ago.
Did you agree specific rights of cancellation?
Customer: replied 3 years ago.

No.

Expert:  Jo C. replied 3 years ago.
I know this isn’t going to be the answer you want to hear, and it’s certainly not what I want to tell you. However, I wish to be completely honest with you, so I feel obligated to not give you false hope.

I am sympathetic to your position but on your specific points

1 Unfortunately they can. Even if there was no paper contract at all, this would still be enforceable. A contract can be oral. Its just as good as a written contract in law. Most contracts are oral. Very few are reduced to writing. The only real purpose of signed writing is to prove what agreed.

2 You cannot do that lawfully in these circumstances unfortunately. I do understand why you do not want this product but, come what may, you agreed to purchase after trying the product. I realise that you did so before giving it a proper period of time but thats no defence. In law, if you sign a contract then you are taken to be aware of and consent to all of its terms. If you do refuse the equipment then you will be acting unlawfully but they can only claim the sum of their loss and they do still have the equipment. That will mean they cannot claim the full sum due under the contract so it is likely to be a substantial reduction.

3 It depends on the cost of the training program and whether they are saying that was included in the contract. It is likely they would be allowed to charge something for that I’m afraid unless you can persuade a court that was offered entirely for free. £500 is probably going to be considered a reasonable sum I’m afraid.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please remember to rate my service either OK SERVICE or above and then I will give you related information for free.

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