Special Reserve - My Rights?

  alexj2002 10:08 04 Dec 2004

I recently ordered an MP3 player from Special Reserve and the order appeared to go through succesfully. Despite being out of stock however they still charged my credit card for the goods.

About a week and a half later I checked my account to find that the order had been cancelled for some reason (due to "unforseen circumstances") yet I would have thought that as they had charged my card this had made a contract and they had accepted my order and therefore they should supply either the product or one of an equivalent specification.

Where do I stand legally on the situation?

Whilst trying to find my answer I read through their T&C's and found the following:

"An order placed by yourself on our site represents an offer to us for the purchase of the goods. This offer is only accepted by us when the item has been despatched to you. You will be informed as soon as possible of any changes or cancellations made to your order. When paying by Credit or Debit card, we will charge your account on the evening your order is placed, even if the item is out of stock or not yet released. Should there be any adjustments to your order, your card will be credited / debited accordingly (please note that we cannot make an additional charge to a Credit or Debit card without authorisation from the customer)."

Where does this statement put me? There order history simply states the order is now "CHARGED AND COMPLETED" - yet I have recived no goods nor a refund as yet.

Can anyone suggest if there is any possiblility of me having a legal foot to stand on in order to get an equivalent specced model from them?

  GANDALF <|:-)> 10:50 04 Dec 2004

Why don't you just buy another from them. You have had your card credited and you have lost nothing apart from time. Being realistic, there are problems with supply and this is one. Get over it, order another and you will have it for Xmas.


  Forum Editor 11:55 04 Dec 2004

The contract exists when the goods are despatched. In this case they have not been despatched, so you can either ask for your money to be refunded, or order another product. The company set out its terms and conditions clearly, and by placing the order you signified your acceptance of them.

It would seem to me to be best to order another product and start the ball rolling again.

  Starfox 13:16 04 Dec 2004

I have read through your post several times to make sure I understand this-you are saying that as yet you have not had the goods or a refund yet,is this correct.

If so I have no doubt you will recieve your refund,I have always found them a very reputable company.

  alexj2002 13:21 04 Dec 2004

They appeared to no longer stock the item - I was just wondering if they had to supply the item when payment had been made as the price was very reasonable indeed (£110 for a 60GB MP3 Player)

  Starfox 16:50 04 Dec 2004

Well no,if the item is not available then I don't see how they can be made to supply it.

Is this the item your'e posting about click here

  Arthur Scrimshaw 12:05 05 Dec 2004

Although I don't think it's good practice to debit your card on receipt of the order rather than on despatch of the goods, at least they are up front and tell you this in the 'Terms and Conditions' (if you bothered to read them?)Doing this removes the risk (to them) of you cancelling the order after they have ordered it from their supplier and improves their cash flow no end.

This could be the reason they can offer the goods at such a low price. You can't have it both ways it seems :-)

  Lead 22:30 06 Dec 2004

'An order placed by yourself on our site represents an offer to us for the purchase of the goods. This offer is only accepted by us when the item has been despatched to you.'

I'm curious; however, I'm no lawyer and chances are their T&Cs are perfectly legal, but surely the offer is accepted and there is a contract as soon as they take the money? Irrespective of what their T&Cs say.

  Sparrowhawk 10:27 07 Dec 2004

How quick has to be a refund?
That's the question.

This thread is now locked and can not be replied to.

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