View Full Version : If you paid for goods on credit card and have been debited...
If you have paid for goods (xbox game and dvd) and your credit card has been debited, can the retailer cancel the order and issue a refund?
I ordered these good from Virgin (using the discount code) and the order went through just fine. Yesterday I got a phone call telling they will not honour the order as the code used is not applicable to my order (although i cehcked out just fine with teh discount)
If your credit card has already been debited, is this legally binding and they have to honour the order or can they simply cancel it and refund me teh money? :thinking:
Moving to Suppliers forum.
Opps :doh:
Cheers Trekker
Tyler Durden
04-11-2004, 19:37
If they have taken money then the contract has been formed and I thought they had to supply the goods.
afaik they can...I could be wrong though ;) I think they are entitled to issue a refund if the contract hasn't become binding, looking at their T&C's No contract will subsist between you and Virgin Retail Limited for the sale by it to you of any product unless and until you have received confirmation of your order in the form of a receipt confirming details of your order. Once the receipt has been received, there will be a legally binding contract between us."
If you've not received the confirmation receipt then I'd hazard a guess that yes they can refund you, if you have perhaps there's something with the discount code that voids the contract...pretty sure Virgin wouldn't refund you if they couldn't ;)
Well, here is my comfirmation, so I guess this is legally binding?
Thanks for shopping online at the Virgin Megastores website.
Here is the confirmation of your order:
Product(s): Halo 2 [Limited Edition Tin Box]
Quantity: 1
Price (incl VAT): GBP:35.99
Product(s): Harry Potter And The Prisoner Of Azkaban
Quantity: 1
Price (incl VAT): GBP:16.99
Discount voucher: xxxxxxxxxx
Price (incl VAT): GBP:-19.95
Total Price: GBP:33.03
If these details are incorrect or you need more help, contact our customer
service team:
by email: customerservices@virginmega.co.uk
by phone: 020 7299 0444
by mail:
Virgin Megastores Customer Services
PO Box 2889
London
W1A 5RL
You have placed an order with Virgin Retail Limited
---------------------------------------------------
err....pass :D
my uninformed/unqualified view is that the discount code will have voided the contract but there are plenty of peeps who'll be able to give you a proper answer :thumbs:
that the discount code will have voided the contract
Hmmm. Not sure, nowhere does it say that in the terms and conditions so i'm sticking to it being legally binding :) I have emailed customer services and told them whats what!
What were the terms and conditions of the discount code? One of the reasons why this site will not entertain discount codes without the T&Cs being posted is the fact that they are used when they should not be used.
dibba 21
04-11-2004, 21:06
You were aware that the discount code you used was not relevant for that order. Just because an automated system took your money doesnt in this case make it a legally binding contract. Virgin will argue that the code was not to be used for this order, thats why they cancelled. they have rectified what was technically a fraudlent transaction.
Why are people trying to turn a bargain finding forums site into a 'lets find a new way to rip off suppliers' forums and complain when it doesnt come off' site.
dvds2000
04-11-2004, 21:59
usually there would be a contract if they debited you (ie argos as an example when they debited me £42.50 for the tft monitor and I got £138 in vouchers after i sent them a couple of letters), but if you used a discount code and didn't follow the T&C I would strongly suspect they would be within their rights to either cancel the order or charge you the full amount.
superstarbeejay
04-11-2004, 22:02
I did use the 'discount' code and mine went through fine but I'm still not certain about this. If Virgin contacted me and asked for the goods back and gave me a full refund I wouldn't argue as it is severly bending the rules.
superstarbeejay
04-11-2004, 22:06
usually there would be a contract if they debited you (ie argos as an example when they debited me £42.50 for the tft monitor and I got £138 in vouchers after i sent them a couple of letters), but if you used a discount code and didn't follow the T&C I would strongly suspect they would be within their rights to either cancel the order or charge you the full amount.
I can't see that they could force you to pay the full amount but they could certainly refuse to supply the goods as you are in breach of contract.
I'd say if you used a voucher in a way which broke the terms and conditions of it and in such a way that affected the rest of your order (i.e. you paid less than you would have done) then they have a right to back out - the reasoning being that a contract is formed on both sides and you have obligations too unless the terms and conditions are unfair or contradictory with each other.
I agree with superstarbeejay on the breach of contract part.
Robert
Again, I'd have to echo that if you used the code on an order where it shouldn't have been used, they have a right to cancel it.
Although, I feel slightly hypocritical since I gained 4 Stargate boxsets via using that code...
Bit of a mixed bag this. Some poeple have used the code and got goods from it, yet other poeple (ahem...ME) are likely not to. It should not be one rule for one person and another rule for another. (ahem...ME) :)
Good luck to peeps who got the goods.
dvds2000
05-11-2004, 00:01
Bit of a mixed bag this. Some poeple have used the code and got goods from it, yet other poeple (ahem...ME) are likely not to. It should not be one rule for one person and another rule for another. (ahem...ME) :)
they probably shipped some before realising, rather than one rule for one and one for another
Well, just received these to emails:
Order ID : xxxxxxxx
Order Date : 31/10/2004 15:52:44
Product : Harry Potter And The Prisoner Of Azkaban
Price : £16.99
We are writing to inform you that unfortunately the above items(s) are no
longer available at the supplier. Regrettably, we have had to cancel and
refund the items(s) in question. Please allow for 2-3 working days for
your bank to process this refund.
Order ID :xxxxxxx
Order Date : 31/10/2004 15:52:44
Product :
Price : £35.99
We are writing to inform you that unfortunately the above items(s) are no
longer available at the supplier. Regrettably, we have had to cancel and
refund the items(s) in question. Please allow for 2-3 working days for
your bank to process this refund.
Our team is here to help you with any questions that you may have. Please
do not hesitate to contact us between 9.00am - 5.30pm, Monday to Friday..
Tel : 020 7299 0444
Email : customerservices@virginmega.co.uk
Address : Customer Services
Virgin Megastores
PO Box 2889
London
W1A 5RL
Kind Regards
To each one of my items. Erm, hello, thats coz the items have not beed released yet!!! Looks like they really want to get out of supplying me these goods. I think a swift email back to let them know they are not realeased is in order :)
FuzzBuzz
06-11-2004, 19:35
damn, i havnt got those emails or my goods, ;( damn maybe monday ;D
Well an update: I emailed thema dn told them the goods where not out yet and I pre-ordered them. 1/2 hour later, they send me the same email (as above)! What that about. I may email them again or just call it a day. Can't be doing with the hassle.
"Although we initially decided to either refund you for the original
amount
paid or charge you the extra £19.95, we have now, due to many of the
same
queries and complications decided to leave the order as it is and only
charge you for the amount originally paid."
They were within their rights to ask for the products back or charge the £19.95 but obviously that would have been a bad idea as they soon realised ;)
Kind of got a result. Although they have cancelled and refunded my original order, they have said that if I order Halo 2 and Harry Potter again from them, they will indeed dedcut £19.99 off the total! So, I would still get my inital £19.99 discount but through another order.
Result :)
vBulletin® v3.8.7, Copyright ©2000-2012, vBulletin Solutions, Inc.