We paid for a disc of photographs-we want to cancel what are our rights??

Question

I had a makeover and was not given a pricelist for photographs-when we went to see them I was not happy with them but my partner got carried away and ended up buying a disc of the photographs on his credit card (to obtain the shared copyright) costing several hundered pounds. The next morning in reterospect he called to cancel. We have not recieved the disc, were not given any information about cancellations nor did we sign anything......We now feel that the manager of the studio is being illusive as he has not returned our calls. Are we within our rights to cancel? Anyone with legal knowlege out there? I have been worried ever since...........
thanks

Ps-We live in England.

Answer 1

If it was in UK and over £100 then the credit card company is liable for unsatisfactory goods/services. If you can't get any contact with the makeover artists then contact your credit card provider. See also www.consumerdirect.gov.uk or call them on 08454 04 05 06 for advice as to your rights.

Answer 2

The answer is simple.

This is a straightforward contract issues, complicated only by the intervention of a credit card.

First, the transaction is between you and the CC company; and there is then a second transaction between the CC company and the photographer.

Second, call the cc company and get them to stop, rescind or revoke the payment.

Third: write to the photographer, (recorded delivery) say you are confirming your call of [whatever] date and wish to cancel the transaction.

If the photograpgher can prove any actual loss as a result of your delay in cancelling between the time you handed over the cc and the next day, he may ask you for it.
It's unclear what that could possible be.

You are perfectly entitled to cancel an order before delivery, save in very limited circumstances where the goods are being made especially for you (e.g a statute which you especially commissioned).

EDIT:
The two answers given above are legally incorrect. No doubt well-meant, but wrong nonetheless.

Further Edit:
I'll not get into a slanging match with Wilfred but he remains in error.
First: There was no wedding. This was a makeover. The price paid was for the photographs. There is no evidence in the question the photos were pre-ordered - the photos could be bought or not bought, the choice was the customers.

Second: it is not a refund. The buyer can cancel the credit card authority before the funds have been transferred or before the goods have arrived. The credit card company is the agent of the buyer, not the seller.

Third: of course there was an 'actual contract'. What do you think the transaction was?
Wilfred - by all means express your view - express it forcefully if you wish; but let's not kid ourselves you know anything about law or litigation, shall we?

Answer 3

An interesting case deserving of being a law students assignement: Suggested English law answer ( briefly ) and I have to say I'm with Wilfred b on this and not with JZD although consumer law is not my specialist law subject.
You had a make over and went to the studio / shop where you examined the photos ( the goods ) which are captured on a CD. I don't know why you were unhappy with them but I can imagine various reasons, pose, lighting, complexion, a lot down to artistic interpretation.etc etc. So what are the goods, you would need to show they were not fit for purpose, merchantable quality all those sorts of things but your rights are compromised now because either there were faults drawn to your attention or by your own examination you were aware of them. Clearly you knew what the pictures looked like and accepted them. Now we come to the disc. Although you haven't got it yet I am going to assume the disc will have on it exactly what you viewed, exactly what you accepted, and will download OK. So as far as the disc is concerned it itself is not faulty.
Sorry but your actions were clearly intended to create legal obligations between you and the studio and you've got a binding contract even though the goods are to be supplied in the future. Every law student very quickly learns, or should do, that whilst writing is useful in proving the details of a contract it is not essential for a contract to be in writing before it is enforceable. Only contracts for the sale of land / houses have to be 'evidenced' ie in writing, to be binding. Changing your mind and having second thoughts does not give you a right to cancel and on this point I am totally against JZD .. yes - there are cancellation rights, a so called 'cooling off period' if credit as in HP is involved but there isn't in your situation.
Yes there are rights associated with the use of a credit card as the card provider is obligated as some have explained but only if there are faulty or non supplied goods and that situation hasn't been reached. Finally there is the situation of you and it being your boy friend who paid, for simplicity I will merely say it is obvious you acted as one and there is no mileage to be exploited down that route. So sorry, I feel you are stuck and the best you can hope is that for goodwills sake you can explain how upset you are, and why, to the studio and hope they will redo the shoot for you.

Answer 4

you are entitled to pay you ordered them and also looked at the photos and you were obviously happy with them because you paid for them.

this is exactly like buying a washing machine and when you get home with it you decide you dont want it the shop where you bought it from as no obligation to refund you unless the machine is faulty.

the same principle applies here you were happy you paid the onus is now on you to prove that the photos are not of professional quality and I should imagine that would be very difficult. the raeson being you inspected the photos prior to paying.
I think you have no chance of any redress whatsoever, put it down to experience

JZD YOU MAY BE A LAWYER BUT YOU RELLY HAVE NOT GOT A CLUE HAVE YOU.
FIRST of course the photographer can prove a cost he attended the wedding and to take the photos and also the photos were pre-ordered.
SECOND the credit card company will not give a refund if no laws have been broken
THIRD no actual contract was in place and in the absence of a contract common or law of statute applies and in the circumstance described the asker is in the wrong in the assumption they can cancel

Answer 5

Well, I'm not a lawyer, and I'm happy to be corrected if I'm wrong, but surely a contract came into existence the moment your partner agreed to buy the photos.

Therefore, your partner will be in breach of that contract if he changes his mind (I'm assuming, of course, that the photos don't contravene the Supply of Goods and Services Act.) The seller of the photos has lost his consideration, which is "several hundred pounds".

Answer 6

How long does it take to burn a disk?? It should have been done at the point of sale. I can't believe that they tried to collect money without giving you your product. At the very least they should have taken an order and collected when it was ready. I would be willing to bet that a lot of people are trying to call this guy.

Answer 7

you've been done over! i seriously doubt you'll get your money or your pictures.