AIBU to be annoyed at GAME?

[Crystal15]

Posting here for traffic as my other thread in Legal Matters received no replies.

Purchased an item online Thursday. Received an email later that day to say the item was dispatched and with a courier. Friday at 5pm I received an email saying the item was out of stock and I will be refunded. At this point I'm super confused as I presumed it was dispatched and with a courier due to email received. Rang customer service who said it's on the system as dispatched so not to worry. Only when I pressed for a tracking number I was told the item was indeed not available and refunded. The item was purchased from GAME. I've had a nosey on their terms and conditions and according to those once the item is dispatched I enter a legally binding contract.

Can anybody advise me on if I have a case to present to trading standards should GAME refuse to help? They have now emailed me saying thankyou for your return and a refund will take upto 10 working days. I never received the item to return!

If it is out of stock and you are refunded I don't see what issue you would refer to TS. Automated stock control is not infallible, presumably they went to pick your order but there was nothing there to fulfil it. The messages are confusing but they are probably templates triggered automatically.

Really?

Did you get the refund?

It sounds annoying but not really sure what you think going to TS will do?

Yes really. Considering the item cost hundreds of pounds and it's for my son's birthday, of which is next week. Yet it will take upto 10 working days to refund I'm pretty annoyed.

LIZS I was told twice it was in stock and on its way. I get your point but I'm looking more foe legal advice. I will give trading standards a ring, nothing to lose really.

They've refunded you and they cannot magic the item up from nowhere. What do you want them to do?

I guess you may have a case for speeding up the refund as you need to buy the item elsewhere?

Nope no Refund yet Grim. Upto 10 working days. They've offered me a very expensive substitute if I pay £100 more hmmm

Was it a ps4 Crystal? If so, seems like you weren't the only one with this issue Game apologises for unfulfilled ps4 orders

Ridiculous really, if they are going to do an offer like this they must have known how much interest there would be.

TS will do absolutely nothing. There is nothing for them to do.

You made an order, they couldn't fulful, they're refunding you. TS won't magically be able to provide you with the item I'm afraid.

You'd be better off spending the time tracking down another deal

Can you explain what do you actually expect and think TS will to do?

Ok. Legal position?
Yes, if you had a legally binding contract, then they will have breached it by failing to supply the goods. However, the damage you will have suffered as a result of their breach is the cost of the goods, and they've already refunded that, so no organ complaint there.

Have you got a binding contract? Well, you know the email saying it was despatched was a mistake, so probably notion that basis. However, they accepted your order and took your money, so probably yes, but it doesn't really matter too much as, as I've said above, they've already remedied the breach in full.

Yes, you can play holy hell about the refund taking so long, but a legal complaint? Not really. Concentrate on sourcing it somewhere else in time.