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Refund request for out of stock item

Hi all,
I have recently purchased a wardrobe from an online furniture retailer. Said wardrobe showing as in stock with a delivery time estimated to be 3 days. I used Paypal checkout which luckily provides me extra protection. 
I was contacted by the retailer within 24 hours of purchase notifying me that the the wardrobe is in fact not in stock and thinks that it will not be back in stock until possibly 3rd week of March (in excess of 30days). I have asked for a full refund as this is too long for me to wait. I did not get a reply to this request within the first 48 hours so i have since followed up and not heard anything in almost a week. 
I understand that items go out of stock and websites can be behind or have errors. Has a contract been entered at the point money was exchanged or by informing me of the change to delivery time would this be considered a renegotiation? Is there a timeframe in which my refund request must be actioned by the retailer? 
I am keen to get the money back asap in order to purchase from an alternative supplier, and was hopeful the retailer may do this quicker than a Paypal resolution.
The retailers terms state that cancellation of an order incurs a 10% admin fee. As they havent replied they havent tried this yet but is there legal ground for them should they do this, despite my request for refund being because they cannot delivery in a timely manner?
Many thanks in advance

Comments

  • What retailer is it?
  • Ectophile
    Ectophile Posts: 8,403 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    They are not allowed to charge a 10% admin fee.  You are allowed to cancel any time up to 14 days after the goods have been delivered, so you are obviously well within that time.
    If it sticks, force it.
    If it breaks, well it wasn't working right anyway.
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