Items bought online, out of stock but no refund given - advice please?

Tete_en_l'Air

Hello, hope this is the right forum for this query...

I recently bought a teapot and sugar bowl in TKMaxx, and googled the name on the bottom to try and find the rest of the set, which I did on a site called verynice2.com. As my birthday is coming up I asked my boyfriend if he'd buy me some teacups and saucers and the milk jug to complete my set.

He spent just short of £40 inc postage a couple of weeks ago only to receive an email from them, after they took his money, to say that they were not in stock and that they would send them when more stock came in, but could not offer a date. He emailed back to say never mind, as it was for a birthday present, so could he have a refund, but all they will say is that they'll send them when they get the stock in.

We are worried, as the teapot was bought in TK Maxx and this site is the only place I've found anything like it, that the line has been discontinued - so really he just wants his money back. Obviously he's not spent over £100 and it wasn't on a credit card anyway, but I'm sure we must have a right to a refund in this case. Who would we need to complain to (or threaten that we'll complain to in the first instance) - would it be trading standards?

Any advice much appreciated, thanks!

JAG

The Whois lookup for the domain name gives:

registrant-firstname: Managing
registrant-lastname: Director
registrant-organization: VeryNice2.com Ltd
registrant-street1: 18B Mimram Road
registrant-street2: Hertford
registrant-pcode: SG14 1NN
registrant-city: Hertfordshire
registrant-ccode: GB
registrant-phone: +44.8708502065
registrant-email: [EMAIL="helpdesk@verynice2.com"]helpdesk@verynice2.com[/EMAIL]

I thought that if you were a business that you had to give you correct name and not "Managing Director" but at least it appears the company is based in the U.K. so you should be covered by the distance selling regulations.

How did he pay?

Tete_en_l'Air

Hi JAG thanks for that - there was nothing about the website that made it look suspicious to us, very professional looking, and I know OH looked into it since and was relieved to find it was in the UK.

He paid less than £40 and it was by debit card, as far as I can see this isn't covered by DSRs, unless I've missed something?

JAG

I think all transactions are covered by the DSR and it doesn't matter how payment was made.

If it was a VISA debit card then you can also do a chargeback if you get nowhere with the company.

This page gives specific details:

http://www.opsi.gov.uk/si/si2000/20002334.htm

McKneff

To me, its outrageous that they take your money first.

Surely the stock levels should be checked before they do this.

[Deleted User]

As soon as they take your money, they've formed contract to provide those goods. You could take them to court.

Tete_en_l'Air

McKneff, I know! I totally agree, it's not fair.

BillBennett - thanks but yikes, I'd hope it wouldn't go that far!

JAG - that looks like the best course of action, thanks so much! Fingers crossed!

[Deleted User]

contact hertford trading standards as thats where they are based,or maybe threaten to first off