item out of stock and still waiting for refund

elizabella

I can't find any info relating to my rights regarding the following issue. Ordered an item (£140, paid on credit card) mid -December for a xmas present, and was told that the colour was out of stock. Offered another colour - that was out of stock, 3rd colour option offered was also out of stock. I was told that the delivery if I waited would be mid-Jan, so I decided to wait for the item.
Heard nothing until I emailed them at the end of Jan and was told it would be mid Feb. Asked for my money back and they ignored me telling me that I would be informed when the item was dispatched. Asked again for my money back and I've been told that I will have to wait 28 days.
Their T & C's say Please note that the goods must be returned in their original condition and packaging. All refunds are normally processed within 28 days once the returned item has been received. But my problem is that they didn't have the item in stock, have already had my money for 6 weeks and intend to keep it for another 4!
Can anyone advise what my rights are in this situation please?

unholyangel

Contact your credit card company about a section 75 claim - you have the same rights with the card company as you do the retailer (providing the goods are over £100 - just in case your order is made up of more than one item).

frugal_mike

And their terms and conditions are not legal. They must refund within 14 days of being given evidence the goods have been returned, not 'usually within 28 days'.

Obviously in your case there are no goods to return, so it should be 14 days from the point of cancellation.