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UKSolicitorJA, Solicitor
Category: Law
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Experience:  English solicitor with over 12 years experience
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My wife who owns a small day-care nursery, was phoned by a

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My wife who owns a small day-care nursery, was phoned by a website management company that had done some work setting her website up for mobile access. They said that they would provide a bespoke website for a certain price plus a monthly fee. My wife, not being confident in the internet accepted the offer but said do I have 30 days to cancel to which he agreed. However after talking to my daughter and me, she wished she hadn't accepted it. My daughter telephoned the company the next day and said that she wanted to cancel the order. They said that their Accounts dpt was closed and someone would contact us the next day. They didn't, so I phoned a week later, but the person was in a meeting. I repeated that we wanted to cancel the order and he would phone me back the next day. When I spoke to him he said that we only had 72 hours to cancel the order as per the terms and conditions. I told him that we had not seen these and we had been told conflicting information. He said that it was all in the T&Cs which I could access via out online account. I said that we knew nothing of this online account and to my knowledge had never seen it. He said that someone had in the past and we were committed to the order.
Is it true that websites building orders are limited to 72 hours cancellation? they never told us any of the cancellation procedure when taking our payment and order. Are we now committed to this expense or can we take it further?
Thank you for your help.
***** *****
When did she place the order over the telephone?
Customer: replied 3 years ago.

She was telephoned by the Account Manager. the call was not requested by her. his opening line was that he said he could save her money by doing her main website as well as the mobile website that he was already doing.

I understand, what date was this?
Customer: replied 3 years ago.

he phoned on 15/9/2014 and my daughter spoke to his colleague in his absence to cancel on the following day and I spoke to his colleague on 22/9/14 to repeat the request and spoke to him on 23/9/14.

Thank you.
The good news is that your wife has a statutory 14 days cooling off period, which overrides the 72 hours cooling off period given to her by the website company.
She should therefore cancel any direct debits set up and ask for her money back in full under the
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, which are explained here
She may report the matter to Trading Standards and go to court if the website company refuses to comply with her statutory rights.
May I help further?
Customer: replied 3 years ago.


The invoice date was 15/9, so 14 days would be 29/9. Was it sufficient to tell him over the telephone and back it up with an email to him before this date, to legally cancel the order?

Absolutely yes.
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