Jump to content


Registered Users

Change your profile picture
  • Posts

  • Joined

  • Last visited


1 Neutral
  1. Ah, okay, thank you so much for your assistance. You've helped a lot. I really appreciate your time.
  2. Thank you. I'll check it out. The concern we have is that the designs are ongoing and cost prohibitive to register every item. Another question if I may. If I push this person to actually recreate the design, would that become Deliberate infringement? and if so, am I right to think this comes under criminal law then and my friend would have a stronger case?
  3. I've read some of this previously but the second link was particular insightful. Thank you for your response Andy. It has helped to put some things into perspective and I may have an idea.
  4. I am writing on behalf of a friend. I do apologise if this is within the wrong thread. My friend is a designer of a certain range of garments. She has a very particular signature style across her designs and has been in business designing such products since 2014. I understand the garment itself and its construction isn't copyrighted, however, her designs, which include texture, layout, colour and overall feel are protected automatically as the creator, is this correct? It has recently come about that several new competitors have entered the market and have been copying and/or deriving designs from the original designs my friend has created. These designs are so close in comparison, that it could be easily misrepresented as one of hers and therefore damage her reputation, not to mention the financial loss. A cease and desist letter was sent to all parties, however, this has so far been unsuccessful. I contacted each of them posing as a customer and asked that they might recreate one of her very best designs for me, and I got a resounding "yes of course, it'll cost xxxx". This clearly show that the competitor in question has no moral issue with the blatant copying of other people's intellectual property, and I wonder what rights my friend would have to fight this. My concern is that if the competitor realises that nothing can be done, this will give her more reason to then continue copying and potentially get even worse in a bid to annoy. What is the best course of action for such a case? Obviously my friend owns the right to her style and there are laws that are to protect her, however, with costs and such, it's a sticky position.
  5. Can this thread be removed? I have come to my senses and decided not to pursue a refund after all.
  6. No problem. How do i add them? I have scanned jpg's
  7. I wonder if I can get some input regarding a situation I am currently dealing with. At the end of December, I sought out a performance coach for assistance and treatment of social anxiety. I had three paid sessions with the practitioner and they were amazing. The fourth session, it wasn't so much a therapy session but more of a sales session whereby we only discussed the possibility of embarking on a full program. During this sales session, the practitioner presented a contract detailing the particulars of the program and there were three separate mentions of guaranteed outcomes as part of the program. The cost £3730. This essentially consists of one 11 hour session and 3 one hour followup session concluding in April. Long story short, I only have 2 one hour sessions remaining on the program and I have seen no resolution to my anxiety. In fact, i am worse off because i now have credit card debts and I was also involved in a car accident on the morning of the main session after the practitioner advised to me to move my car to another parking centre. I have spoken briefly with CAB who have advised the following: Criminal Offence: The trader’s actions could be considered a criminal offence under the Consumer Protection from Unfair Trading Regulations 2008. Your rights and obligations: On 01/10/2014 amendments were made to the Consumer Protection Regulations. These regulations now state that if a consumer is subject to an aggressive or misleading practice by a trader, they could have the right to ‘unwind’ the contract for a full refund. Under this guidance, I have decided to pursue a claim against the practitioner and I wonder if someone can clarify a few points I have outstanding. 1. Because I have retained a printed contract which outlines the structure of the program and the guaranteed results, I wonder if I am in a good position to pursue a full and complete refund of the program costs and the sales session, or if I would be more likely to win if I pursue a partial refund excluding the session times. 2. Should I mention the car accident as part of my claim as I would not have been in this position had I not been attending the session. 3. Do I need to prove the guaranteed results have not been obtained? If so, how is this possible where psychological concerns are involved? 4. Finally, what action should I take if the practitioner refuses to accept my claim? Can I make a chargeback on my credit card? I have written a mock letter, but just need to know what the likelihood is of claiming compensation in this respect. Thanks in advance.
  8. I really appreciate everyone's input on this. This forum has helped me so many times over the years. I have good news. My complaint to Shop Direct (Very HQ) worked out successfully and they have overridden the returns decision and have booked a collection of the item for Tuesday. No apology or anything, but at least it's all sorted out. This experience has made me realise how insecure shopping over the internet is. Although we have rights, it may be time consuming and expensive to act on them if a company abuses them. Had this not have been sorted out, I would have probably let it slide and forked out the cost of the product rather than spend time on court proceedings, and some companies probably bank on that. Lesson learned. Thanks all.
  9. Hi raydetinu. Thanks for your response. I did as you suggested, but the customer service rep is not budging. Her response to this was "I am just following Company Policy." Clearly her job does not allow room for initiative.
  10. This is the response I have received Distant selling can only be quoted within the first 14 days of receipt in writing or by email. It is now day 15 therefore we cannot accept Distant Selling in your case . I've sent a complaint to Shop Direct and Citizen's Advice Bureau.
  11. I have just sent this final email before pursuing other avenues. Dear Ms Mullen I write to you with reference to your email below and our emails preceding it. I have sought legal advice with reference to this matter and it is advised that under the Distance Selling Regulations, a customer has the right to return items within 14 working days from delivery providing the customer has handled the goods in a manner that does not diminish the value of the goods beyond what is necessary to establish the nature, characteristics and function. As I have reiterated on several occasions throughout the course of our correspondence, the seals on the product itself are still intact, and I even provided you with photographic evidence of this on the 19th November. In response to this, it was suggested "I do believe it is the seal on the cardboard box that is in question .” Once I questioned this, the response I then received reiterated "I am advising that the seal on the box cannot be removed due to health and hygiene reasons . There is a see through strip on the box so that the item can be viewed from there .” There was no viewing hole the cardboard mailing box, and the plastic wrap around the extension remains sealed. As such, the refusal to allow my return based on the postage box being opened is clearly a violation of my consumer rights as opening this outer container constitutes what is necessary to establish the nature, characteristics and function of the product in question. I expect this item to be returned and refunded as soon as possible and, in the instance that you cannot personally help me with my claim, I would request that you forward this email onto the person who does have the authority to assist appropriately. If there is no resolution forthcoming, I will be forced to take this matter up further with the Trading Standards, and small claims, who I am sure will be very interested to learn of this incident. You may, of course, view the standards yourself at the following address: http://www.tradingstandards.gov.uk/cgi-bin/glos/bus1item.cgi?file=*badv710-1001.txt#tsi5 I trust you will respond promptly.
  12. Hi Everyone. Thanks for all the responses. Unfortunately, the customer service rep is refusing to provide further information. This is the recent message after I requested a detailed account of the issues... Thank you for your email I can only advise you what the returns centre have said and they state the seal has been broken ***RCOMP1 INSPEC 4EQR6 0/0 06.11.14 RTC CHARGE APPLIED***L8 ?BEAUTY WORKS CLIP IN*NON RETURNABLE ITEM, AS SEAL HAS BEEN ?N BROKEN, NO REASON FOR RET. Regards ? I can write back and reiterate the fact that the seal is not broken, but I have done this 4 times now and provided photographic evidence which the rep has accepted. I just don't know what more I can do with this person as she clearly isn't using any common sense to assess this case. A company of this size, you would think that they would be more helpful. It seems like every email has landed on deaf ears.
  13. Ah, a public showdown. That's a great idea. I might just give that a go actually. Good old social media, useful for something.
  14. It's on credit with Very. I've not paid for it, but the cost has been added to my account as an outstanding balance. I've just managed to get my credit score back in order after 4 years of hard work, so I'm really protective towards it. If I pursue a claim, which seems to be logical, I just want to make sure I protect my credit. If the customer service rep gets back to me without a solution, should I mention small claims? Could I suggest the amount be put on hold pending an investigation?
  • Create New...