ecomerce and distant selling?




Hopefully someone can enlighten on the legal status. Searches made so
far haven't been clear!


Q. If you place an order to an online retailler, who then cancels the
order because they claim its no longer available or incorrect price
(in this example - they've claimed both!), how long can they keep the
money that they have taken from your credit or debit card?

The company in question is empire direct. They were selling a laptop
shown as reduced from £699 to £499. The price and spec were good for
what it was, but nothing out of the ordinary to suggest incorrect
pricing. Anyway, lots of people placed an order, only to receive an
email saying its out of stock and no more will become available, or
one saying it was incorreclty priced.

Now, I thought that having taken the money, they were legally tied
into a contract. (Getting anything enforced is clearly another
matter.) But what is particularly alarming is the fact they are saying
they have 28 days to return the money as per their T&Cs. I know this
is legal, when it is YOU that has cancelled, but surely not when it is
them?

Can anyone shed any light - or post a URL that clarifies this
position? Its not me thats been affected BTW - just a concerned
potential punter! I'd just like to know the true legal status of this.
It is certainly unfair, especially as it seems to imply companies can
legally borrow £xxx from you free of charge without anything you can
do about it!
.



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