Rights to refund on undelivered items

DrDeejUK

On Saturday I went online and bought a watch from H Samuel. I purchased the watch with the express delivery option and was told I should expect delivery on Wednesday (regular delivery was following Saturday). We got to Wednesday and nothing. Not a word from the retailer. The website still my item is being packed and made ready for shipping by Tuesday 16th. Well, I thought I'd give them a ring yesterday as it looked like it wasn't going to get here by Wednesday to find out what is going on. They told me that they can't find any in stock and it looks like only one of the shops has it in stock. I asked them if they could cancel the order and they told me they cannot cancel the order. They said it has to go to the shop and they have to reject it. I asked them if they could do this however it is now Thursday and they haven't done this. None of the website tracking is moving and I receive no communication from them. My question is what are my rights if I want my money back and what do I have to do? I noticed that as I paid with PayPal that the money has gone back into my bank but PayPal says that it is still an authorized transaction so it hasn't been cancelled. Any help appreciated.

the_lunatic_is_in_my_head

DrDeejUK said:

I asked them if they could cancel the order and they told me they cannot cancel the order. 

Really bad, you need to point them to their terms:

Certain steps must be followed for a binding contract to be formed between us, which are described below. After you have placed your order:

we will send you, as soon as possible, an email to acknowledge your order. It will confirm which goods you have ordered. This email is not an order acceptance from us and at this stage no contract is formed between us;

when we dispatch your goods from the warehouse, we will send you a confirmation email ("Dispatch Email"). This email constitutes a formal acceptance of your order by us. This also means that a binding contract between us is formed and you and we are obliged to fulfil our obligations under that binding contract.

Basically neither you or them have a contract until they dispatch and either you or them can withdraw your offer up until the point of disptach.

They should cancel and refund any payment taken. 

DrDeejUK

Thanks for your reply. This has been sorted now.