Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
How long after the phone call did you receive an invoice? Also, are the company based here in the UK?
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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?
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)
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from what you have said yes I do agree, so you should be able to cancel and need to do so ASAP
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