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Ben Jones
Ben Jones, UK Lawyer
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I have received a bill for for 5000 pounds of wine which i

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i have received a bill for for 5000 pounds of wine which i seem to have inadvertantly bought over the phone do i have to continue this purchase . I dont know what kind of wine i have bought but it is stored in a warehouse and is en primeur 2015 wine
Submitted: 11 months ago.
Category: Law
Customer: replied 11 months ago.
the company is Bwc management and consulting , I thought the wine was not mine until i actually sent the money and if i did not do this the deal was cancelled ?
Expert:  Ben Jones replied 11 months ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

Expert:  Ben Jones replied 11 months ago.

How long after the phone call did you receive an invoice? Also, are the company based here in the UK?

Customer: replied 11 months ago.
the company is based in the uk london and i received the bill the next day
Expert:  Ben Jones replied 11 months ago.

OK, thank you for your response. I will review the relevant information and laws and will get back to you in a short while. There is no need to wait here as you will receive an email when I have responded. Also, please do not responded to this message as it will just push your questions to the back of the queue and you may experience unnecessary delays. Thank you.

Expert:  Ben Jones replied 11 months ago.

Hello, sorry I tried to get back to you earlier o ask another question but I experienced some temporary connection issues and could not get back on the site until now. All appears to be resolved now so I can continue dealing with your query.

Just before I can answer, can you please clarify what you mean by you ‘inadvertently’ made this purchase? Did you actually agree to by this wine personally, did you know what you were buying, were you misled in any way by them at the time of purchase? Also what have you paid so far?

Customer: replied 11 months ago.
i have paid nothing .i was told we could begin the trade i agreed which i felt would not be completed until i paid all the money and i said this was alright and asked them to send out some brouchers,i ageed to start the process but not to complete the sale at least thats what i thought( i did i am a bit confused to what i actually said or they said},which i thought would not be completed until i paid the money.I did not select the type of wine i was buying and the company states i have instructed them to purchase 2015 en Primeur but not that they have bought any, as how could they when we have not agrreed what to buy.The company stares that payment is due within 7 days of invoice date or they reserve right to cancel.Under consumer protection i seem to have the right to cancel up to 14 days after funds have been received but en primeur orders are not subject to cancellation after funds have been received.To summerise i may or may not have agreed to buy wine which has not been purchased because i have not agreeed what to buy and I have not signed anything in writing. I have emailed the company to cancel any order which i may or may not have made.I am asking you if they can enforce anything,I have scoured the internet and they company is run by dodgy directors!
Expert:  Ben Jones replied 11 months ago.

A consumer’s rights in this situation are mainly determined by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. These Regulations apply to contracts for sales conducted on the trader’s business premises, off the trader’s premises (e.g. at the consumer’s home) and at a distance (e.g. online or over the phone).

All types of transactions are subject to the requirement by the trader to issue the consumer with specific pre-contractual information, as long as it is not a contract entered off the trader’s premises for a value of less than £42. If this information is not provided then the consumer would not be bound by the contract and it can also be a fineable offence for the trader. Details of the required information can be found here:

· Contracts entered off the trader’s premises or at a distance - http://www.legislation.gov.uk/uksi/2013/3134/schedule/2/made

In terms of cancellation rights, these only apply to off-premises and distance contracts, subject to some limited exceptions (such as personalised goods). The statutory cancellation periods are as follows:

· Goods – 14 days after the day the goods came into the physical possession of the consumer

The above cancellation periods may be extended by up to 12 months if the trader has failed to issue the consumer with notice of their right to cancel. Once that information has been provided within the initial 12 month period, the cancellation rights of 14 days start to run from the date after the consumer receives that information.

If you wish to get a template cancellation form you can refer directly to an example given in the Regulations: http://www.legislation.gov.uk/uksi/2013/3134/schedule/3/made (scroll down to the bottom where it says B. Model Cancellation Form)

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

Customer: replied 11 months ago.
thanks for your responses.I read the links that you sent and in the case of the financial product which clearly has not been purchased by the seller as no instructions to purchase a particular product were given yet and i definately was not told i could not cancel i do not see a problem with me cancelling . Do you agree?
Expert:  Ben Jones replied 11 months ago.

from what you have said yes I do agree, so you should be able to cancel and need to do so ASAP

If your original question has been answered I would be grateful if you could please quickly rate my answer by selecting 3, 4 or 5 starts at the top of the page - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you

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