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    Ordered item, payment taken but no goods - where do I stand?

    Wonder if anyone can give me any advice

    Ordered a pair of jeans from The Hut on 21/11 and said estimated despatch 22/11then on 23/11 payment was taken from my account. Still my order is awaiting despacth but keep getting told should be sent out the next day but after phonign today they said the item might not be in stock but they will have to check with the warehouse and email me back.

    What I wanted to know is that with them taking my money for the jeans they have entered into a contract to provide the goods so do they have to provide them or can they just get out of it and give me a refund?

    Made me laugh as well as the guy said that I have to prove they have taken the money from my account either by sending them a statement or a screendump showing the payment has been taken from my account rather than them just checking through their records

    17 Comments

    What I wanted to know is that with them taking my money for the jeans … What I wanted to know is that with them taking my money for the jeans they have entered into a contract to provide the goods so do they have to provide them or can they just get out of it and give me a refund?



    Yes, they have entered a contract, but you can't make them provide them.
    You can take them to court as an ultimate sanction.

    Email or phone their head office and ask to be put through to the Customer Services director or someone high up, usually they will try to sort the problem for you quicker than dealing with the standard customer services.
    But if they don't have the stock you probably won't get the item, unless you want to keep waiting until they might have the item?

    Original Poster

    Cheers
    Just annoying when people just keep saying they willbe sent outon certain dates rather than actually looking into the matter. If they don't have the stock will be asking for them to do the running round regarding payment as don't see why I have to prove they have taken payment from my account as surely they can check their records

    They are probably fake anyway,don't worry about it X)

    The Hut=crap.

    Supermod

    OP - your contract is formed as they have taken payment as per their terms. This came before the dispatch so they should honour. However, it doesnt seem like they will.
    Edited by: "magicjay1986" 1st Dec 2010

    magicjay1986

    You do not yet have a legally binding contract with The Hut yet. Under … You do not yet have a legally binding contract with The Hut yet. Under their "Terms & Conditions" (namely 9) the contract is not concluded until they have shipped your goods.



    ummmmm.... well I am pretty sure you are completely wrong as they have taken payment for the item but haven't delivered. So of course they have a contract with the OP. A shops terms and conditions mean nothing.

    Supermod

    autolesbona

    ummmmm.... well I am pretty sure you are completely wrong as they have … ummmmm.... well I am pretty sure you are completely wrong as they have taken payment for the item but haven't delivered. So of course they have a contract with the OP. A shops terms and conditions mean nothing.



    The Hut actually say that the contract is fulfilled when they debit the credit card so OP, I apologise, your contract is concluded with The Hut.Would you really sue them for the price of the jeans though?

    Autolesbona - what you say about a shops "Terms and Conditions" meaning nothing is absolute codswallop. Of course they mean something. They are the terms upon which you are contracting!

    magicjay1986

    You do not yet have a legally binding contract with The Hut yet. Under … You do not yet have a legally binding contract with The Hut yet. Under their "Terms & Conditions" (namely 9) the contract is not concluded until they have shipped your goods.

    it says concluded, not started. you are in a contract by the time they ship to you.

    Supermod

    deathtrap3000

    it says concluded, not started. you are in a contract by the time they … it says concluded, not started. you are in a contract by the time they ship to you.



    See my post above! I mistook the "or" for "and" in this...

    Any orders placed by you will be treated as an offer to purchase the goods or services from us and we have the right to reject such offers at any time. You acknowledge that any automated acknowledgment of your order which you may receive from us shall not amount to our acceptance of your offer to purchase goods or services advertised on the Website. The conclusion of a contract between you and us will take place when we (i) debit your credit or debit card or (ii) dispatch the goods to you or commence the services, whichever is the earlier.

    OP the last bit is normal practice when they can't find an payment auth.

    magicjay1986

    Would you really sue them for the price of the jeans though?



    Well why not? Isn't that the point of the Moneyclaim process? It only costs £25 which you get back if you win, which looks likely judging by your comments about The Huts T&C.

    That aside, why on earth would The Hut be so apparently careless with their T&C in saying the contract is concluded when they take the money, as opposed to 'upon dispatch' like virtually every other website?

    The law trumps shops T's&C's in any case.

    deek72

    The Hut=crap.



    This ^

    Supermod

    deek72

    Well why not? Isn't that the point of the Moneyclaim process? It only … Well why not? Isn't that the point of the Moneyclaim process? It only costs £25 which you get back if you win, which looks likely judging by your comments about The Huts T&C.That aside, why on earth would The Hut be so apparently careless with their T&C in saying the contract is concluded when they take the money, as opposed to 'upon dispatch' like virtually every other website?



    How much are the jeans? That limit covers claims to £300. Personally I would rather have my money back and not have the hassle of a court case. Personal preference I guess.

    Supermod

    thesaint

    The law trumps shops T's&C's in any case.



    Which law states that a contract is formed the very second shop takes money from the consumers account? Is that what you mean?

    Original Poster

    The jeans were only £18
    Wouldn't bother suing on nowt it's just annoying being messed about being told they are being shipped by different people and them taking the money from my bank without releasing the goods.
    It's just the principle of it and having to email etc when you get emails back saying the goods will be despatched within 24 hours then 48 hours later still no movement and a week later none the wiser

    Will think about using the hut again as just a mess up lol
    Edited by: "NFS" 1st Dec 2010
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