Be so grateful for advise about consumer law!

[Crystal15]

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?

Thankyou!

Hi Crystal

If it's what I think it is there is stock at game in Exeter (hukd) tip off, could you ring them and see if it's possible to get it sent to you?

Not sure why trading standards would be interested. As you had an email saying the item had been dispatched there was a legally binding contract. If they genuinely have not dispatched it you are entitled to a refund which they have already given. Is it possible to get the item from other suppliers? If so, does it cost more? What do you want to happen?

Even if they are in contract, the only remedy in law would be to put you back in the position you were in prior to the breach (i.e. refund you the money). So if they've refunded you the money there isn't anything more to do.

Actually the loss might be the difference between the contracted price and the cheapest price available elsewhere. This is likely to be so small that you'd have to be barking mad to sue someone for it.