Postby hal » Mon Oct 19, 2015 7:37 am
Yes. You should be entitled to a refund under the "doctrine" of mistake. You didn't intend to enter into the contract and make the payment to them at all (as opposed to made the payment and changed your mind, which might be a different matter).
Evidence might be a bit tricky but if you had a decent enough district judge they would be sensible about it. The timing of the payment and the request for refund should help you with that although presumably the two websites look different.
If the amount of the deposit is significant enough, you might want to make a small claim. You should be able to make an online claim (but will need to pay an issue fee). Also you will need to send the nursery a warning letter explaining the mistake, and the fact that you are going to make a claim (and seek to recover also the claim issue fee) if they don't return the payment.