Can an online shop refuse to give me my money back if it is a pre-order?

welsh_ash

I pre-orderd something and they have taken the money out of my account.

When i look at the item it says e.g. expected in stock - 11/12/2012 and when it reaches that date, it adds days onto it.

I got fed up, because i was waiting for a month now. And i have not recived any item and it says it isnt shipped, so i contacted the owner and his response was.

As taken from the terms of sale as agreed by you prior to purchase
'PreOrdered or Expected in Stock Items
All preordered and expected in stock dates are given as the best estimate based on information provided to us by our suppliers. Any order which contains an item on preorder will delay the shipping of the whole said order until the preorder item arrives into stock. The definition of what constitutes or determines a preorder item is solely the decision of MrModchips All dates are subject to change without warning and are NOT to be taken as any guarantee or promised delivery or shipping date. All preordered items are shipped solely on a first come first served basis. If you are unable to accept that the date may change to a later date after ordering then DO NOT under any circumstances make a preorder. All preorders are final and are not subject to any customer cancellations.'

What can i do about this?


Thanks

unholyangel

What did you order and are they a UK company? If they have a website can you linky please.

welsh_ash

unholyangel wrote: »

What did you order and are they a UK company? If they have a website can you linky please.

mrmodchips.co.uk Is the website, i ordered a replacement board for my DVD drive.

Yes they are a UK company.

unholyangel

welsh_ash wrote: »

mrmodchips.co.uk Is the website, i ordered a replacement board for my DVD drive.

Yes they are a UK company.

Not sure if its just my settings but their T&C's font is tiny. If thats the true font size....could be in breach of "plain and legible" requirement.

Their T&C's are contradictory. Under pre-ordered it basically says you cant cancel (as you posted above). But under unwanted goods, it then goes on to say you have 7 days to cancel under DSRs but they also (wrongly) state you have 7 days starting the day you receive the item and that they will refund your monies minus shipping charges. In fact they also state if goods are faulty, they'll refund minus their shipping charges!

Personally i'd email them stating you are cancelling your order under the DSRs and expect a full refund of all monies paid (including any delivery charge) as per the DSRs.

The only way this wont apply is if the goods are personalised. For example made to your specification.....although selecting from preset options is not considered customised.

welsh_ash

unholyangel wrote: »

Not sure if its just my settings but their T&C's font is tiny. If thats the true font size....could be in breach of "plain and legible" requirement.

Their T&C's are contradictory. Under pre-ordered it basically says you cant cancel (as you posted above). But under unwanted goods, it then goes on to say you have 7 days to cancel under DSRs but they also (wrongly) state you have 7 days starting the day you receive the item and that they will refund your monies minus shipping charges. In fact they also state if goods are faulty, they'll refund minus their shipping charges!

Personally i'd email them stating you are cancelling your order under the DSRs and expect a full refund of all monies paid (including any delivery charge) as per the DSRs.

The only way this wont apply is if the goods are personalised. For example made to your specification.....although selecting from preset options is not considered customised.

Wow great thank you so much for that. I will message them and try and get a response. They don't even have a customer service email address or phone number. When you email the account listed it sends an automated message saying create a support ticket.

Once again thank you very much

arcon5

The above advice is correct - you have statutory rights to cancel thenirder for a full refund. Their tel number, email and address is in the footer of the website.

shaun_from_Africa

Just a quick point to add.

When you contact them to advise of your wish to cancel the order, make sure that you do this by e-mail or written letter as telephone notification isn't normally an accepted method for this.

bod1467

unholyangel wrote: »

Not sure if its just my settings but their T&C's font is tiny. If thats the true font size....could be in breach of "plain and legible" requirement.

It is tiny for me too.

wealdroam

unholyangel wrote: »

Not sure if its just my settings but their T&C's font is tiny. If thats the true font size....could be in breach of "plain and legible" requirement.

bod1467 wrote: »

It is tiny for me too.

Whilst it does appear small, it is no smaller than most of the other text on the website.
It is, for example, no smaller than the text used to draw attention to their bestsellers.

As such I would suggest that the Conditions of Use text is not intentionally small.

unholyangel

wealdroam wrote: »

Whilst it does appear small, it is no smaller than most of the other text on the website.
It is, for example, no smaller than the text used to draw attention to their bestsellers.

As such I would suggest that the Conditions of Use text is not intentionally small.

I have this size of font for T&C's:
http://awesomescreenshot.com/0e8qqlrbc

Vs this for the rest of the site (FAQ and product description on main page):
http://awesomescreenshot.com/092qqm2e6
http://awesomescreenshot.com/017qqm7d4

Anyway, whether its intentional or not wouldnt have any reflection on whether its in breach of the plain and intelligible language requirement.

Although not exactly relevant given the OP can cancel under DSRs. Given reviews and content on the website, I wouldn't be surprised if the retailer ignores the request.

In which case it might be helpful for the OP to tell us how he paid and what the price of the preordered item was.

wealdroam

They all look pretty much the same to me...



But as you say, not relevant to the matter in hand.