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Store Cancelled an Item Without Notifying but Charged

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Hi everyone. I really hope someone can help me but I think I'm going to end up really upset on this one.


I pre-ordered the new Zelda game for 3ds from the nintendo UK store. I was advised not to as it was run by the Hut group but I did so anyway and unfortunately paypal would not let me use it's system to pay so I had to give the money direct to the store.

My reason for pre-ordering from there was that you got a musical chest with your purchase, which is now selling for a nice sum on ebay.


They dispatched the game and my account said the chest was awaiting dispatch.

A week later i checked again and it said I had no outstanding orders. I looked at past orders and it said the chest has been cancelled.

I checked my spam and there are no messages at all to let me know. Had I known they had no stock I would have ordered from another site. I am so upset about this you would not believe.


It was my understanding that when the money was taken that constitutes a contract, although they can probably change as they like. I have emailed and asked them to sort it out. I was told not to worry about stock as I would receive a chest.


Is there anything I can do besides a refund which they will probably make me pay postage for?


Thank you for any help. I can't believe there attitude.

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You should either get everything advertised or a full refund. they cannot just send you part of the "consideration". Tell them that you want the item as part of the contract you entered into under offer and consideration and that although the item is advertised as a "free" go with it is part of the contract and you are sure that this is purely a stocking error on their part and that you will receive the item in the near future but it would be helpful to know when it is likely to arrive.

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