Is it ok for websites to advertise items as 'in stock' when in fact they are not?
For example, I ordered an item from an online store that claimed to be 'in stock' with a delivery lead time of approximately 5 days, or the option to pay extra to get it the next day. Two weeks later, I have not received the item or a notification from them. They claim the item did not state that it was in stock and that they have to order it and it would arrive in a further 3 weeks!
They are still advertising the item as 'IN STOCK' on the website.
Why websites show items as in stock when they are not
Ordering something online only to be told it is not actually available is frustrating. Unfortunately, it happens more often than most shoppers would like.
Stock accuracy varies widely between retailers. Large online retailers and major supermarkets often update their systems in real time or close to it, but smaller businesses may rely on periodic updates. When several customers order the same product within a short window, some orders may fail because stock has already gone.
Retailers also depend on supply chains involving wholesalers, distributors and other third parties. A product may show as available based on expected deliveries that then fall through. The retailer at the front end is left explaining the situation to disappointed customers.
Most websites include terms and conditions stating that placing an order does not guarantee the item is in stock. However, the Consumer Protection from Unfair Trading Regulations 2008 require businesses not to act unfairly towards consumers, which could cover misleading stock availability even where terms attempt to disclaim liability.
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There are situations where a retailer could be at fault rather than simply unlucky with stock levels.
- If a website advertises a product at one price but charges a higher amount at checkout, this may count as misleading advertising. The Advertising Standards Authority sets rules on accurate pricing in adverts.
- Charging you for an item they know is unavailable could violate consumer rights under the Consumer Rights Act 2015 or consumer protection law more broadly.
- If the business repeatedly advertises products as in stock to attract customers, with no reasonable expectation of being able to supply them, this could be considered a misleading commercial practice under the Consumer Protection from Unfair Trading Regulations 2008.
A one off stock error is very different from a pattern of misleading behaviour. The law aims to distinguish between honest mistakes and deliberate deception, though this is not always straightforward in practice.
Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.
What you can do if this happens to you
If you paid for an item that turns out to be unavailable, you are entitled to a full refund. The retailer cannot keep your money for a product they cannot supply. If they delay or refuse, contact your bank or card provider about a chargeback. Be aware that the chargeback process works differently for debit and credit cards, and is not guaranteed in all situations.
If you believe a retailer has deliberately misled you, you can report them to Trading Standards through the Citizens Advice consumer service. They can investigate businesses that engage in unfair practices. If you are unsatisfied with the response, you may be able to use an alternative dispute resolution service.
For pricing disputes or misleading adverts, the Advertising Standards Authority accepts complaints and can require businesses to change or remove problem adverts.
Protecting yourself when shopping online
Check delivery estimates before ordering. If a website is vague about when items will ship, stock levels may be uncertain. Reading recent customer reviews can reveal whether a retailer has a history of cancelling orders or advertising unavailable products.
Paying by credit card gives you extra protection under Section 75 of the Consumer Credit Act when the single item costs more than £100 but less than £30,000. This makes the card provider jointly liable if something goes wrong.
For detailed guidance on your rights when buying online, visit GOV.UK or contact Citizens Advice.
Last night I did an order for four loaves, basing my meals around them. They were in stock. I was charged for them. Non were delivered, my money was taken for them and three other items. I now have no money, no plausible meals of any substance and I am told that I will not have the money to buy anything else for 3-5 working days.
I am sure it can be returned as quickly as it is taken.
I feel tricked, manipulated, bewildered, robbed and very hungry.
This is very dangerous for my health condition
I won't be ordering anything from Morrisons on Amazon again.
Let's hope it is a conscious choice, not a more serious reason.
There should be a clause in the law making it compulsory to inform the purchaser of the status of their purchase at the point of sale. I understand the logistics of the problem but when a person or machine goes to pick an item and it's not there, the purchaser should be informed and either a refund or for the item to be placed a "back order" for the customer with an estimated date of supply to the outlet.
We have all seen the comedic sketch when the shop assistant is asked for an item that is on the shelf behind them but when they go to the computer says to the customer he can't purchase it because the computer said it wasn't in stock.
Is it ok for the retailer to keep cancelling your order when it clearly shows as in stock on the site and app on both sides of app (clearance and non clearance) and they say that it’s no longer available as a clearance product price but if you bought it through the other side of the site it would be fine? And they just say to me that they are working on updating their site.
I wanted the product at the price I ordered it at (twice)! This is not the first time on this site that they’ve cancelled my order.
Full payment taken. Two days later order cancelled due to no stock. Problem is that in the first place they state " if they have taken payment" looking online at the hundreds possibly thousands of complaints, they always take payment and "if we do we will refund ASAP" with no time span given, is all they offer. Its been weeks now and there are online complaints that it can take months. The invariable response is to for them to tell customers via Facebook, Trustpilot etc to contact Customer Services which is in fact refusing to take calls or to email which simply generates an auto response that they will reply within 72 hours. If they do reply its simply another auto email. Looking at the number of complaints about this it appears this is a deliberate policy designed to hold on to the customers money for as long as possible.
Now I assume I can get my money back via the credit card company so that's not the issue, but surely there must be somebody that can take action against these people. Do they not have to have a credit license or some such in the UK that can be opposed for renewal? Does the Financial Ombudsman have any power? As you say in the article this feels like fraud.
We are lucky in that having this money tied up is annoying but not the end, but many must need it back simply to spend it again on the gifts they want to give and cannot. All because of what seems a cynical policy that I believe is tantamount to theft.
You are right in that its not always the retailers fault but Joules actually gave an interview stating that it was unable to get supplies and this was its biggest problem, but knowing this they continue to take payments regardless. Thanks
After 10 days got email saying items were out of stock and refund would be issued, yet they are still advertising them on website.
They are using them as 'click-bait' to get you to buy other items
I spoke with the company today who ignored my concerns and would refund my money if I wasn't prepared to wait but they still could not confirm when they would fulfil my order.
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