Is it shoddy practice? Of course it is.
However, in an effort to assist you: I've had a look on the HMV website: and here are a few interesting points:
http://hmv.com/hmvweb/navigate.do?ct...1&pPageID=3326
Quote:
Availability
Each product page gives a 'usually ships' time which is an indicator (not a guarantee) on how long it will take us to ship your order.
If an item is out of stock with us at the time of your order, we will place an order from our suppliers. We keep in close contact with our suppliers and place orders with most of them on a daily basis.
If your order status is 'Special Order' then you can rest assured that the utmost is being done to acquire your item, though delays may occur if the item is out of stock with the suppliers.
PLEASE NOTE: We endeavour to bring our customers the best value we can by running special offers throughout hmv.com, but please remember stocks are limited and subject to availability. Certain items may also be restricted to one copy per customer, and this will be indicated on the web site. In these circumstances, we may amend your order prior to despatch. We update our web site as quickly as possible in order to minimise disappointment.
The price at which the goods are offered for sale are as displayed in your shopping basket. Rest assured your credit card will only be debited as your order or individual items from your order are dispatched.
Your payment card will not be charged until your order is shipped. We ship orders 5 days a week (Monday to Friday).
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Shipping
Each item on your order will be charged and shipped out to you separately, as soon as it is available in our warehouse.
Please ensure that your shipping address details are correct, as they are used exactly as inputted by yourself when submitting your order. We are not responsible for orders with incorrect or missing information should they not reach you.
You have a choice of Shipping Methods, and the following delivery times can be used as a guideline and will depend on stock availability.
The following delivery times can be used as a guideline and will depend on stock availability:
UK Standard Delivery: This will be despatched with free delivery via Standard UK Mail. We would advise that packages usually sent by this method are received within 2-5 working days from dispatch.
UK Express Delivery: Orders will be sent out via either Royal Mail Special Delivery, Parcelforce or Yodel (formerly HDNL). A signature will be required upon receipt. Packages despatched by this method to UK mainland addresses are usually received within 24 hours of shipment (excluding Saturday / Sunday).
£6.60.
UK deliveries
Orders placed via Standard Delivery will be shipped to you postage free.
Orders placed via Express Delivery will incur a £6.60 postage charge per item.
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Unfortunately: the clauses in the T&Cs are mitigated by the words 'usually', 'we update our website asap', and of course, the fact that they state they do not take payment until your item has been despatched.
If it isn't in stock, it has not been despatched: which means they cannot refund you money that they 'claim' to have not taken from you (if they have not despatched the item).
It isn't much help tbh, but what it does say is that they cannot take money from your payment method if the item has not been despatched. This appears to be the only way you could 'get them' so to speak.