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Hi there, I recently signed up for a online service that was white labelled - so I purchased it from a company who has white labelled the service - it is a media database.. it costs £177 per month - after 6 weeks I can see it does not serve me at all - in fact it has proved to be useless to me - I have tried to cancel - but according to the company I bought it from I can't as it is a 12 month contract with no out clause.. I signed up over the phone - giving my details over the phone - I did receive the e-mail below - after I signed up (My question is am I legally bound to a service for 12 months at £177 even though it is of no use to me - my topic is too extreme for the general media to accept - they will not publish my content) Here is the e-mail I received after signing up - START - Hi Judy Thank you for joining BlueBoo Media Database, your membership will be active within 24 working hours! Your membership is for 12 months, this will automatically renew after this time. We will email you notice within one month of your renewal date should you wish to cancel ongoing membership. Please find full terms and conditions here. (this is hyperlinked) BlueBoo PR Academy and BlueBoo Media Database As promised with your Media Database Membership you also get full access to our online PR Academy. This online PR Academy has everything you need to become your own PR expert and secure lots of media success for yourself. I hope you are as excited as I am! The Academy will continue to grow with more information being added in the future along with additional media training interviews. There is plenty for you to access and start putting into action and I am sure you are itching to take a look and get started. Another bonus is our BlueBoo Graduate Training Programme, just add your details to get started and over the next 6 weeks you will be sent publicity training videos guiding you through the steps you need to take for success. Let's get you started... Below are your access details, please read this part carefully. Click the link below and log in (top right hand corner) http://www.blueboo.co.uk/ Your user name is: *****@******.*** Your password ***** will then take you to into the site as a BlueBoo Member, click the BlueBoo Member tab (at the top) and you will see Total Publicity BluePrint below. That's it, you will have full access and you can get started whenever you are ready. We look forward to you being part of our BlueBoo community and can't wait to hear all about your ongoing media success. Enjoy Rachael Taplin and The BlueBoo Team ww.blueboo.co.uk 01564 771 510
Hello my name is ***** ***** I will help you with this.
For now please let me know what is the termination clause in the contract?
Hi Alex, the only reference I have to the termination clause is in the welcome e-mail which I copied in the question for you... you will see where they say - Please find Full terms and conditions here... then there is a hyper link that says 'click here'
when I Click Here - I get the message below -
You may not be able to visit this page because of:
How did you pay for the service?
Where are they based?
over the phone i gave my debit card details to the woman - and the funds come off my account monthly - they are based in the UK
You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.
Can I clarify anything for you about this today please?
I am not looking for a refund - I just want to know if I can legally and within my rights without any come back from them - cancel the contract - I will phone my bank and cancel the payments - the next instalment is due on 24 December - so I will cancel that if I can do so legally - I am absolutely NOT interested in a refund or battling in court...
why would I be entitled to a refund anyway?
Yes you can based on what you have said.
They are in breach of Section 13 of the sale and supply of goods and services act 1982
Does that help?
what is that breach?
from what I see this is a description of the section 13 -
Section 13: Description – If you are selling something by description it must correspond with the description given to it. So, a car advertised as being a 1994 model must be a 1994 model, rather than the front end of a 1994 model welded to the rear end of a 1990 model. Goods bought over the counter may be a sale by description so, if the buyer relies, at least in part, on any description given by the seller, those goods must correspond with that description. As with section 12, this section applies to both private sellers and those selling goods in the course of a business and is again one of strict liability. That means if a seller advertises a car for sale saying it is a 1994 model when in fact it is something else, the car will not correspond with the description. It is no defence to rely on information provided in the registration documents.
how are they in breach of this?
they have got media lists on the database - but they are not fit for my business because my concepts are too far 'out' for mainstream media... does that imply a breach on section 13? will that be enough for me to cancel the contract?
Yes I think that is enough
ok, is there a chance they will sue me if i cancel using section 13?
There is always a risk of that. You can't stop someone from suing you.
mmm... ok without the section 13 - am I able to cancel the contract... based on the fact i have not actually signed anything?
Well on the basis you have accepted the service and I assume paid, probably not. its deemed conduct.
But what they can't do is tie you to any terms unless you have signed, even electronic.
Yes that helps thank you!! so just to be clear - I am not legally bound by this contract as I have not signed it... and and the electronic terms and conditions does not deem to be considered signed - am I correct?
Can I clarify anything else for you?
just one more thing - Normally speaking when a contract is cancelled like I am about to do with this one - what are the chances of the other party fighting it - legally?
It hard to say, they may just take a commercial view
thank you for your guidance today!