Asda Entertainment 3DS pre order

jennie65

I pre ordered a 3ds console and game bundle on the 8th February for "guaranteed Launch day delivery". Launch day was 25th March. It did not arrive, they then said it was coming the 26th, no show. Then monday 28th, again no show.
Now thay have said there was an error with consignment number and it has not left thier warehouse but as it has been marked as despatched and I have been charged for the item i cannot cancel it and get a refund.

I am told it will come when they have sorted the problem not before, and i am not allowed a refund as I pre-ordered and it has been marked as despatched.

So now I have no idea when this item is coming could be days weeks or months they say. And i dont have the money to elsewhere as they are refusing to give me back my money.

What are my rights here and what can I do now?

aheaton46

You are entitled to cancel under the distance selling regulations within 7 days of receiving an order. As you haven't received it, you can cancel immediately. You must notify Asda by email/writing that you wish to cancel.

However there is nothing to stop them taking an age to refund your money.

halibut2209

That depends if it was ordered online or instore.

But if it was online, they must refund within 30 days

jennie65

Have finally got a refund, and managed to get them to same day issue it into my account, so have the money back, today i get an e-mail from the courier saying thay have a delivery for me arriving today, which i am assuming is said DS, as dont think I am expecting anything else right now.
But have already been and ordered replacement from elsewhere.

halibut2209

As you have refund, if goods arrive, refuse to accept them and tell the courier to return to sender.