I used my UK business debit card to purchase some electrical equip online from an overseas company. I didn't realise they were an overseas company, and so decided to cancel the order – which i did via email – within the hour!!! The company responded, but just made 'noises', saying they were dealing with it etc, etc, etc. I also repeated the e.cancellation the following day, and also contacted my bank by phone to advise of the situation. My Bank advised me that there was nothing they could do, until the payment had been TAKEN! So I waited, and guess what... The payment was taken! On phoning my Bank again I was given new advice, which was: that there was nothing the bank could do, because: A) the Company suppling the goods had not actually promised to return my payment at any time, and... B) Because I had simply "changed my mind"... this is not good enough reason for me to stop the order and get my money back! I understand that UK Business law is slightly different from UK consumer law, so what are my rights? Do I have to accept the situation or is there anything practical I can do to cancel this order and get my money repaid. NB: the goods have not been received yet, as they are coming from China, and to be honest, I don't think this company is the type that will give money back, unless they really have too. Thanks, Mike
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What does it say in their terms and conditions about cancellation please?
to be desperately honest, i've not looked at their T&C, but to be honest, i believ this not to be an honest, open company, so have asumed their T&Cs are as tight as a drum!having looked online and found several other disgruntled customers, who tried and failed to get this Chinese company to
And to clarify this was on DEBIT card?
Apologies fro that last reponse... and yes it is a debit card... a business debit card!
And I assume you purchased it as a business?
Yes, it's an iPad and I'll be using it for both business and pleasure... However, it will be paid entirely by the company and used primarily by the company. I am self employed, sole trader.
Its bad news I am afraid.
If you are ordering from abroad then you do not have Distance Selling Regulations as are allowed in the UK
This would have given you a 7 day cooling off period
However even if the business WAS based in the UK then as a business ordering you do not have protection of the Distance Selling Regulations
Therefore in this case it would have made no difference
This just leave the terms and conditions
As you have not read them even if they were based in the UK and you took this to Court a Judge, as a business owner, would have expected you to have read the terms
But sadly you can only rely on the terms to allow you to cancel
So things you have against you here sadly are: they are outside the UK, the DSR do not apply, you are a business and also the terms
I am sorry if this is not the answer you wanted and certainly not the one I want to give you, but I have a duty to be honest
Can I clarify anything for you about this today please?
One last thing, IfI were to use a business CREDIT card, would that have mad a difference?...orin future, should I buy everything with a consumer credit or debit card and get the protection of the cooling off period?
No - but it if you had been a consumer AND using a credit card it would have made a difference.
Personally in future, be a consumer and buy every big ticket items on credit card
So its the fact that I am business that has left me unprotected as it were?
Yes and debit card
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