# Place an order online & told out of stock



## shnaek (10 Feb 2006)

I ordered a soundcard from an online store yesterday. I had been checking the site regularly and finally made the order yesterday afternoon, giving credit card details etc. Today I am told that my 'enquiry' can't be processed as they are out of stock. Is there any redress in this matter, or am I left with no options?

Cheers!


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## ClubMan (10 Feb 2006)

What do you mean by redress? Presumably they are not going to take payment or will refund it if they have. If they don't have the goods in stock then they can't really do much about it can they? Obviously you have the option of shopping around elsewhere for the goods.


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## shnaek (10 Feb 2006)

The mail I got from the company contained the line:

If the item(s) you requested were shown in stock and your enquiry was placed before 5:00pm, your request will be processed for a next day delivery service, provided a credit check is satisfactorily completed.

In my experience making purchases online (which I have done many times) I have always recieved the goods ordered. If they are unavailable then they show up on the website as such. Surely one has a responsibility to check stock before confirming an order. Otherwise the company in question have either a crap IT system or they are being dishonest and sold the product ordered to another preferred buyer.

Frankly I expect a higher quality of service from a large well-known retailer. If they cannot satisfy an order upon confirming it then they should offer an alternative, and not simply shrug their shoulders and say 'hey, we don't have it.' If that was the case I could set up a site on the same basis to farm peoples credit card details with a load of bogus plasma tvs for €500 etc.


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## ClubMan (10 Feb 2006)

But what sort of redress are you looking for? Whatever about the expectation that they should be able to check stock levels before accepting the order if they didn't charge you or refunded anything that they did charge you then apart from the obvious inconvenience I can't see the problem. Obviously you should complain to them if you're not happy but I don't really see that you are entitled to any redress (or compensation or whatever if that's what you're hinting at).


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## shnaek (10 Feb 2006)

I guess redress was too strong a word. I certainly wasn't hinting at compensation. I was just wondering if there was any liability on them to order the product from their suppliers for me ie. I ordered a lexicon omega, why won't they order one from lexicon and supply me with it? If my order was placed and accepted is there not an obligation on their part to get the product if they don't have it in their storeroom?


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## shnaek (10 Feb 2006)

Just to keep ye updated - it pays to fight your corner. After 5 mails they have offered a replacement or a wait until the end of March to honour my order.


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## ClubMan (10 Feb 2006)

I don't understand - by replacement I presume you mean an alternative but similar item. Or you can wait. Where's the redress or advantage in that?


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## JazzyJeff (10 Feb 2006)

shnaek said:
			
		

> Just to keep ye updated - it pays to fight your corner. After 5 mails they have offered a replacement or a wait until the end of March to honour my order.


 
Sorry Shnaek but I dont understand what your really on about either.  Regarding stock issues - as far as Im aware most website update their stock periodically as it hourly / daily / nightly and hence that problem that they can be sold out in that time range


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## Humpback (10 Feb 2006)

Correct me if I'm wrong, but isn't this the same as if I went into a shop to buy a certain advertised product only to find that they were sold out.

Apart from being disappointed and walking out, there's not much else I can do. Shop doesn't owe me anything. 

I'm hardly likely to throw a hissy fit in the shop and refuse to leave (aka 5 e-mails) and demand that they get the item in stock for me.


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## extopia (10 Feb 2006)

Isn't the Lexicon Omega an I/O box rather than a sound card per se?

Perhaps their price was too low and they sold out quickly, in which case shnaek is just trying to get it at the advertised price, and why not? I suppose if the order was accepted originally a good dealer would be expected to honour the price.


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## tiger (10 Feb 2006)

It's not quite the same as going into a shop though, they don't take your credit card & delivery details & then e-mail you 6hrs later to say the item isn't currently in stock & will be available in 2-3 days.  And do the same again 2-3 days later.

Had this experience with an online CD retailer, haven't used them since.


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## ClubMan (10 Feb 2006)

Most retailers' terms and conditions should cover situations such as this and by the time you get to submitting an order you have probably implicitly or explicitly accepted these terms and conditions. Perhaps _shnaek _can name the retailer or check the terms and conditions to see if they cover this situation?


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## shnaek (10 Feb 2006)

"Perhaps their price was too low and they sold out quickly"

Yes - the price was 1/3rd what it is anywhere else, and half what you would pay in a local shop. It is an I/0 box, just didn't want to go into too much detail.

"It's not quite the same as going into a shop though, they don't take your credit card & delivery details & then e-mail you 6hrs later to say the item isn't currently in stock & will be available in 2-3 days. And do the same again 2-3 days later."

Exactly. The equivalent situation in a shop would be to see an item, let's say a TV. To go to the counter and be told it is in stock. To have your credit card swiped and your details taken and told it would be delivered to your house. Then to be called the next day and told the item is obsolete.




			
				ronan_d_john said:
			
		

> I'm hardly likely to throw a hissy fit in the shop and refuse to leave (aka 5 e-mails) and demand that they get the item in stock for me.



It is hardly a hissy fit to chase up on your consumer rights my friend. Perhaps some people are happy to be walked on, but in my opinion a contract is a contract, and once my offer has been accepted the honourable and reasonable thing is to fulfill the contract. The correctness of my belief is confirmed by the stores offer to me of a replacement (another i/o box at the sale price I had agreed) or delivery of my order (at the sale price) at a later date.

Clubman - the retailer states "1.2 The contract for supply of Goods (“Contract”) will be formed when you accept our quotation or we accept your order. Acceptance of an order by us can only be made in Writing. Once the Contract has been formed with you we will file it in electronic or paper copy for our records."

but also

"1.6 Any omission or error in any sales literature, web page or site, order form, quotation, price list, order acknowledgement, despatch note, invoice or other document issued by us may be corrected by us without liability."

We are now on a friendly first name basis so I guess the issue is resolved. I think it doesn't hurt to courteously but firmly pursue your consumer rights if you believe you are being treated poorly.


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## ClubMan (10 Feb 2006)

From their [broken link removed]:


> 1.2	The contract for supply of Goods (“Contract”) will be         formed when you accept our quotation or we accept your order. Acceptance         of an order by us can only be made in Writing. Once the Contract has         been formed with you we will file it in electronic or paper copy for         our records.


Did they send you an email confirming that your order had been accepted? If so then perhaps you do have grounds for complaint (under breach of contract)?
[FONT=Arial, Helvetica, sans-serif][/FONT]


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## shnaek (10 Feb 2006)

ClubMan said:
			
		

> Did they send you an email confirming that your order had been accepted? If so then perhaps you do have grounds for complaint (under breach of contract)?
> [FONT=Arial, Helvetica, sans-serif][/FONT]



Yes, they did send that email.


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## ClubMan (10 Feb 2006)

I still don't understand your earlier post about getting some joy from them when all that seems to have happened is that they will ship you something else of have you wait for the original item.

Anyway, seems to me that this was a breach of contract going by their terms & conditions so you should draw their attention to this and perhaps contact the [broken link removed] and/or ECC for advice. However, given that you (presumably) had not paid for the item (whatever about having your card /personal details taken) I'm not sure what can be done about it.

I guess that the redress you're looking for is to get the original item at the bargain price? Have they committed to this even if it means waiting?


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## shnaek (10 Feb 2006)

ClubMan said:
			
		

> I guess that the redress you're looking for is to get the original item at the bargain price? Have they committed to this even if it means waiting?



Yes, that is the redress I had wanted. I wasn't too clear earlier - I guess my post was framed in disappointment thus rendering my thought process somewhat incoherent! 
They have committed to this, so even though the wait is inconvenient I am happy to get the item at the bargain price. My effort at returning to a musically creative state has only been postponed and not thwarted


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## ClubMan (10 Feb 2006)

Fair enough. Well done on persisting with this. It's always nice to get a bargain.


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## harvey (12 Feb 2006)

shnaek said:
			
		

> "Perhaps their price was too low and they sold out quickly"
> 
> Yes - the price was 1/3rd what it is anywhere else, and half what you would pay in a local shop. It is an I/0 box, just didn't want to go into too much detail.


 
I guess that is why you didn't give the name of the retailer ! You were merely changing some of the detail to protect your anonymity.


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## ClubMan (12 Feb 2006)

The name of the site in question *was *posted earlier.


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## BlueSpud (13 Feb 2006)

I am curious, was the 1/3rd price a pricing error on the retailers behalf?


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## shnaek (13 Feb 2006)

It wasn't. They acknowledged it was a special offer.

I had posted the name of the retailer here earlier, but I edited that post afterward seeing as how they have now made the effort to resolve the issue.


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