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    I have been charged for an item and told it was out of stock!

    Hi;
    do i have any rights over this? I have placed an order online and made the payment. Everything went through. They have charged my card few day later when the items were dispatched. And of course, i have recieved a wrong item and phoned them the same day. They said they would send me the new ones straight away. I have waited for 2-3 days and later, they said the items were out of stock now thus the reason they werent going to send them!

    I have been looking for that order for days now and they say its out of stock AFTER they debited my card. Dont thay obliged to send my order if they charged my card?

    As i know, once the card has been charged, them and i get into an agreement. Am i not right?
    Can anyone know what steps should i take? I asked them to send me a replacement item but it is like double the price of the original! Please help, what should i do?

    Many Thanks

    4 Comments

    But how can they send it of they don't physically have it? The arguments pretty moot imho. You'll get a refund if they can't get the item. Here endeth the lesson ;-)

    Shengis;3126697

    But how can they send it of they don't physically have it? The arguments … But how can they send it of they don't physically have it? The arguments pretty moot imho. You'll get a refund if they can't get the item. Here endeth the lesson ;-)



    Amen

    i don't see what they can do? Wave a wand and het presto it at your door!

    Technically you are right once they have received payment a contract is formed, unfortunately enforcing this may be a lot more hassle than it is worth, what items/money are we talking about here?.
    Also proving they have received payment when using credit/debit cards can be tricky, the card companies have a system of "earmarking" funds on cards which whilst it appears to have been transferred from your account doesn't actually mean the recipient has received it in their account.
    If you google SOGA in the recently amended versions are passages a lot clearer to understand, try sending them a letter saying if they won't supply the SOGA gives you the right to purchase the item elsewhere and sue them for the difference( taking the above into account)
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