Money taken off your credit card or paypal

fwhorn

Its a long time since I have posted up. Recently, I have purchased goods on the internet the money taken from my card or paypal, and then being told the goods are out of stock. The normal thing is for the money to be held and not paid straight to the vendor. My question, I thought the vendor had duty to supply the goods if the money was taken and is covered by the sale of goods act? Any help would greatfully be appreciated.

redcard

Is this in relation to a pricing error on the vendor's part?

Not sure why you don't just describe what happened, rather than being deliberately vague.

fwhorn

redcard wrote: »

Is this in relation to a pricing error on the vendor's part?

Not sure why you don't just describe what happened, rather than being deliberately vague.

Vague???? Read what I have written. In reality it wouldnt matter if the if the price was wrong, if they have taken the money!

I will keep it simple, bought some trainers on line, money taken from my credit card (not held), vendor cancelled because they had no stock.

Question,

Does the vendor have an obligation to supply once they have taken the money?

marliepanda

No.

Out if interest, how do you expect them to send you something they do not have?

tinkerbell28

fwhorn wrote: »

Vague???? Read what I have written. In reality it wouldnt matter if the if the price was wrong, if they have taken the money!

I will keep it simple, bought some trainers on line, money taken from my credit card (not held), vendor cancelled because they had no stock.

Question,

Does the vendor have an obligation to supply once they have taken the money?

Kept simple. No.

mikb

marliepanda wrote: »

No.

Out if interest, how do you expect them to send you something they do not have?

Out of interest, why do you think it's good practice to advertise items for sale (that you don't have in stock), and then take payment for them?

Good companies will not debit the card until they have the goods ready to despatch. Bad companies will swipe your card ASAP and leave you hanging.

marliepanda

mikb wrote: »

Out of interest, why do you think it's good practice to advertise items for sale (that you don't have in stock), and then take payment for them?

Good companies will not debit the card until they have the goods ready to despatch. Bad companies will swipe your card ASAP and leave you hanging.

Where did I say it was good practice?

It isn't, but these things happen. Lots of companies don't keep inventory which updates every second. I used to work for a clothes retailer which would routinely let me store order things which didn't exist anymore.

As long as the money is refunded, its just a case of bad luck. In fact right now Vivienne Westwood has £120 of my money since 31st January due to a stock problem. Ive left the order open on the promise it is coming back in. Will I be annoyed if it doesnt, sure! But theres nothing I can do!

Its not true that companies don't debit until despatch. Some don't, but I imagine many go to package it up and despatch only to find the payment bounces. Taking payment first cuts that out, for some retailers. Also many that use paypal seem to take immediate payment, though perhaps that is due to the paypal set up.

wealdroam

OP, the Sale of Goods Act says that unless otherwise agreed a contract is formed when money is accepted.

It those words unless otherwise agreed which make a difference.

most online retailers will agree with their customer that a contract isn't formed until they dispatch the goods.

As you haven't yet told us who you tried to make the purchase from, it is difficult to give a definitive answer.

Can I suggest you read the seller's T&Cs to find out where you stand.

Oh, and why do you use bold throughout?

bris

Taking your money doesnt matter, the acceptance of your offer is what counts, they did not accept your offer so they are not bound to supply the goods.

I kept it simple for you.

CKhalvashi

bris wrote: »

Taking your money doesnt matter, the acceptance of your offer is what counts, they did not accept your offer so they are not bound to supply the goods.

I kept it simple for you.

Put simply, yes.

It's not uncommon in our industry to offer pre-orders 30 days in advance when we don't have the items in stock, then place a large order about 2 weeks before the release date.

If we sell more than the first order, and we don't think it's worth ordering another bulk of units (eg 10000) then we will reject the offer of payment and refund.

CK

WTFH

OP, did you pay by Paypal or using a card?
Was the item bought off eBay?