Had my order cancelled by Dialaphone.co.uk - Can they legally do this ???? - HotUKDeals
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Had my order cancelled by Dialaphone.co.uk - Can they legally do this ????

kyalion Avatar
8y, 9m agoPosted 8 years, 9 months ago
I, like so many other people yesterday, placed my order in good faith only to receive later in the day, an e-mail from these people cancelling my order.

They quote the reason as clause 3 which is referring to detrimental credit ratings, which I certainly don't have. As the reason they give is not correct, can they legally cancel my order and do I have any recourse ?

Thanks go to the original poster of the deal (I forget who) and the original thread is here : http://www.hotukdeals.com/item/152020/free-nokia-n95-8gb-ps3-40gb-25pm-li

Clause3 is : The details on our websites or in our advertisements or contained in our marketing materials and activities are not offers that you can accept. All orders for phones other than for a handset only phone are subject to you passing any status and credit checks required by the airtime provider. Where you are paying any money for the goods, all orders are subject to obtaining payment authorisation from your credit or debit card provider. We will let you know if you do not pass these checks or if we do not obtain such authorisations.

Please note that any automated reply or acknowledgement of your order that you may receive from us by email is not an acceptance of your order. The contract between us is made when we despatch the goods to you. If you have ordered through our website, we will send you an email confirming this. Only the goods stated on that email will be included in the contract.

Prior to entering the contract, we will be under no obligation to supply you with the mobile phone or other goods or services you have ordered.

We reserve the right to refuse or reject any order to obtain any goods or services at any time.

To purchase from us, you will need to use a credit, debit or charge card. If you order by our website, you will also need an e-mail address as we will use this to contact you. It is your responsibility to verify that your mailbox is in proper working order and you must assume the risk of all consequences for transmission or operational failures.

In order to obtain a phone from us unless it is a handset only phone, it is necessary to pay your monthly payments to the airtime provider by direct debit. We will arrange for this to be set up automatically for you and details will be confirmed to you by your airtime provider in writing soon after connection together with confirmation of when your first and ongoing payments will be taken. If there is a change to the date, amount or frequency of your direct debit, you will be given 10 working days' notice before any money is debited from your account. In the unlikely event of an error, you are entitled to an immediate refund from your bank. You have the right to cancel the direct debit at any time. This guarantee is offered by all banks and building societies that take part in the direct debit scheme. However you should be aware that airtime agreements usually require payments to be made by direct debit and you may be in breach of your airtime agreement if you cancel a direct debit or request a refund. A copy of the safeguards will be sent to you with your confirmation letter within a few days of connection.

If you order insurance through us the insurance company will require a direct debit for any insurance premiums. We will arrange for this to be set up automatically for you and details will be confirmed to you by the insurer in writing soon after connection together with confirmation of when your first and ongoing payments will be taken. If there is a change to the date, amount or frequency of your direct debit, you will be given 10 working days' notice before any money is debited from your account. In the unlikely event of an error, you are entitled to an immediate refund from your bank. You have the right to cancel the direct debit at any time. This guarantee is offered by all banks and building societies that take part in the direct debit scheme. However you should be aware that your insurance may cease if you cancel a direct debit or request a refund. A copy of the safeguards will be sent to you with your confirmation letter within a few days of connection.

Once you are connected to your airtime provider, your first bill may not be for a complete month. The exact period will depend on the particular billing cycle that the airtime provider operates. We do not have any control over this but it does mean that any free minutes and/or free messages are pro rated from connection up until the date of your first bill. We recommend that you check this with your airtime provider upon receipt of the phone. Your airtime provider's telephone number is included with the paperwork that will be sent to you with your phone.
kyalion Avatar
8y, 9m agoPosted 8 years, 9 months ago
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banned#1
Please note that any automated reply or acknowledgement of your order that you may receive from us by email is not an acceptance of your order. The contract between us is made when we despatch the goods to you. If you have ordered through our website, we will send you an email confirming this. Only the goods stated on that email will be included in the contract.


So yes, they can legally do so. No contract exists.
#2
guv
So yes, they can legally do so. No contract exists.


Doh !! Worth a try I suppose. Thanks anyway.
#3
do you get you money back
3 Likes #4
luffy9413
do you get you money back

Wait another six years to find out.
2 Likes #5
fanpages
luffy9413
do you get you money back

Wait another six years to find out.

It might not be that long. OP left 3 years ago - surely they must be due back soon.
#6
Nokia n95, remember those beasts!
#7
lol I looked at the thread and was like wtf why would people be buying an n95, then i saw it was a necro post
#8
they have sunk as low as snakes belly.they do not answer their phones .I am going as pay as you go that is because you know where you stand.You are trying to deal with faceless people never buy a phone on line.they promise you the earth then **** in your throat.
1 Like #9
http://i58.tinypic.com/rw8o02.jpg
#10
Nice to see the armchair spud again.

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