Ziinga.com - T&C's, cooling off period?

[laptoplyn]

Hi All,

New to the site - thank you for creating a site where good advice can be sought!

Not sure if this has been covered, I did search and didn't find much, so I'm hoping you can help...???

My wife joined Ziinga TODAY, thinking she could get a phone for a penny ( yes, I know, and lesson learned by her very quickly!). Upon doing the 'free registration' you have to click a box for accepting the T&C's. After that, you can get a phone and the total cost amounts to around £6.25 incl postage. It then asked her for a copy of her driving license and credit card (although she'd already given the details). At this point she smelled a rat and called me.
I immediately called them up and said I want to cancel, only to be told that she'd been signed up to 3 months platinum membership for (around) £35 per month - this was accepted by clicking the 'I agree to the t&C's'. To cancel, she'd have to pay a fee of £35. WHAT! I said that I wanted to cancel immediately (thinking that i am entitled to some sort of cooling off period) - bearing in mind this was on the same day. I followed a cancel link they sent me and received an email saying that my cancellation would occur in DECEMBER (i'd receive charges until then) or I had to pay a fee to cancel immediately.

Long(er) story short, we have cancelled the credit card she used (the bank said it had 'been comprimised'). The only charge to have gone through was for the £6.25 - no great loss.

I have also mailed them at the address given on the web site stating;

"Dear Sirs,
I joined your web site on 27th August 2012, using your 'free sign up' on your web site. Unbeknown to me, you say I then entered into a contract with Ziinga.com, on a platinum membership, for 3 months, which would cost me a monthly fee. I immediately asked you to cancel any membership I had with Ziinga.com, exercising my cooling off period rights. I have clicked on the link you subsequently sent me in order to cancel, and you have confirmed that my membership is now cancelled (at approximately 14.10pm on 27th August 2012.
You have informed me that I must pay a cancellation fee of 35 pounds - this is not applicable.
I have now cancelled my credit card."


Can they (try) to come after us for the fees? Is this 'contract' binding in any way? Am I entitled to a cooling off period (think I am)?

I see that the company is based in the British Virgin Isles - not sure if this makes a difference?

Appreciate any advice anyone could offer....

Thanks in advance...
Darren

 

[laptoplyn]

I haved copied the relevant element of the T&C's below....at the point of sing-up, it does not say that you are joining with platnium membership!

Membership
Ziinga offers different types of memberships, each with a corresponding monthly fee.

All members get to enjoy value added benefits:

• Extra bids for bid package purchases
• Free shipping
• Free bid
• Bid-for-Free auctions
• Daily Bid Agent

Once you become a paying member, you can review the benefits and the price of your membership by going to "My Account".
You can always cancel your membership by emailing info at ziinga dotcom[/email]. Remember to include your username.

All VIP memberships come with a 3-month binding contract. Customers who breach the 3-month binding contract will be charged a cancellation fee of £ 35.00. Note that cancellation of the contract will void any free promotional gift offer.

As part of our 30-day return policy, refunds must be claimed within 30 days after the date of sign up. However, users may only be entitled to a subscription fee refund if they have not used any of their membership benefits (cancellation fee applies). If the member has already received a free promotional gift from Ziinga, that item must be returned to Ziinga's return address in an unopened condition. Once Ziinga receives the item and all requirements have been fulfilled, Ziinga will process the refund request immediately.

Membership fees will be charged upfront to your credit card every month. Member price and benefits are subject to change without notice. Membership fees cannot be refunded.