Seeing the Terms & Conditions

[Sharon]

I haven't seen any, I therefore didn't tick the box saying I'd seen them and I agree with them. I've got an invoice (haven't received the goods in a satisfactory state, though that's a whole other story!) and now getting reminders, though still waiting on the product.

Is my 'confirmation of purchase order' valid as I haven't seen the T&Cs? I signed it in January, and would like to get out of it now... there's a 100% cancellation fee. I'd like to cancel, but obviously don't want to give them 100% of the fee anyway... surely my confirmation of purchase order is invalidated and they can't hold me to their terms and conditions?

I'm livid, have been for months now, and am struggling to take any more... sorry the message is so curt!

Sharon

 

[Antonia @limeone.com]

than this. You need to specify whether the items were purchased as a consumer or as a B2B( business to business ) transaction. Also does depend on the items purchased so post up a broad category of the item if you don't want to be specific. You also say you are still waiting on the product's arrival, why is this and have you chased its arrival?

 

[Sharon]

Hi Antonia, was tracking this post and just got told there was a reply!

Ok...
It was a B2B transaction.

It was a data list (delivered in Excel) leased for 12 months. Should have been a 3-4 day turnaround.

You also say you are still waiting on the product's arrival, why is this and have you chased its arrival?

Well, it finally arrived yesterday. It's from a huge multi-national, and why it's not arrived is the guy who made the sale to start with got promoted (no idea why!), then they got someone new to the job who didn't have a clue to look after the sale, then it's finally been taken up by some other bod in the office who was fed-up of fending off my calls/emails! We've been sent the wrong list 4 times and each time it's taken over a week to get the new 'correct' one ordered, plus a couple of other non-related lists arrived along the way for some reason! (Keep us quiet on a Friday afternoon so they can have a restful weekend knowing they'd sent us a list I believe!)

It finally got emailed through yesterday; meanwhile, awaiting it's arrival, we've lost two months trading time... They're giving us an extra 3 months for free to 'make up for it', but summer season has already started and most places will have allocated their budgets already.

Anyway... time moves on:

We're now faced with a datalist which has less than 50% of the contacts we were 'sold' and quoted for in the first place. Trouble is, no-one else does this particular list (so thoroughly) and I think we're stuck with it to be honest... we're just trying to get what we can from them to make up for it now... begrudging paying full whack for half a list, but that's something we're struggling with at the moment.

Have I chased it? Everyday, at least 3 times a day, since Feb 7th, excluding weekends. I've nearly always asked for a copy of the T&Cs too, but gave up last week, thinking that if we do have to get legal help, it may be better that I hadn't seen them!

I may just be too tired to fight them for anymore now! I've spend loads of time and energy getting this far, when I should have been concentrating on the launch etc.!

 

[The Resolver]

You are in a dilemma since there is urgency as the season has started, there is no alternative supplier and you have some value from the product. This is an ideal dispute for resolving by mediation which, as a process, and if dealt with online on our platform, can commence immediatly and deal with the 'here and now 'rather than.as in a court case, deal only with the past.

We have just posted a message on www.TheMediationRoom.com listing the benefits of mediation over litigation /arbitration for business disputes. See right hand side of header or use this direct link:-
www.themediationroom.com/images.lxp?host=25&filename=mediationoverlitigation.htm

I would be happy to help out if you PM me or complete the enquiry for iinformation form on our website(mention UKBF).