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.
Is this legal to continue to advertise items for sale online and take your money but not contact you?
Is it legal for a website to list a bunch of Items in stock and then when you order only send the ones they actually have? Now I have to order the missing items another place and thereby pay shipping fees again from another supplier. Is there anything I can do?
Thanks.
I don't want a refund, and I don't want the more expensive bike I've been offered. I want the product I paid for, at the price I paid for it. Where do I stand legally?
that evening I get an email, "sorry its not instock and we don't know when it will be"
surely this is false advertising and in breach of some code of practice.
very frustrating
I ordered a dining table & 4 chairs at the beginning of November and was told I could have it for Christmas, the company was advertising these items at the beginning of December on their website stating a guaranteed delivery for Christmas, the delivery department phoned me today and told me that they could not deliver until 27th December. As I placed the order 4 weeks earlier than their latest advertised delivery guarantee date are they legally obligated to deliver before Christmas
I ordered three of items from a website and the items were shown as in stock (3 toys). Order went through and the payment wade through my account.
The items were shipped to me and once the package was received I found out that the wrong items were sent to me (1 of them was the one I ordered and it was included in the package twice and another toy that I did not order). When I inquired with the company they told me that the items I ordered were out of stock. So instead of informing me they decided to send me items I did not order.
What are my rights in this case?
Thanks a lot!
20 days later, however, one of this items had not arrived. I contacted them and they said 'sorry, it was out of stock'. I then asked 'have you refunded me?'. They said 'No, but we'll refund you today'. They have refunded me, however, I am not happy they advertised the goods which they did not have and had been holding on to my money until I contacted them. Do I have any basis for further compensation i.e. the accrued interest over these 20 days?
Can they sue me? Which options I have?
Thank you!!
I received the sports bra on it’s own today (10th Jan) and noticed there was no top in the delivery. I checked my emails and I received an email from Lululemon yesterday saying they have despatched my sports bra, but the long sleeve top is out of stock (I haven’t been charged for it). I contacted Lululemon on their live chat and was told that they were checking their warehouses and that’s why it took so long and then they disconnected me. I didn’t receive any contact from Lululemon between the order confirmation on 2nd January and the despatch email yesterday. I know this isn’t breaking any laws and it’s just terrible customer service, but is there anything I can do?
3 days later i recieve an email cancelling my order as it cannot be fufilled. What can i do?
Surely if stock has been allocated to me(stock ref number) then the stock must be there! Where has it gone? Main problem here is im a middle man and these trainers were already bought and paid for by someone else based on confirmation of my order. Now ill be out of pocket for selling fees and paypal fees, as ill have to refund them.
The only reason I purchased from this site is because he already had it in stock as he told me in the e-mail where I was asking for this exact thing.
My question is quite simple... I went to a famous sports store in London, I researched through their electronic screens a specific model of runners and I found them available in my size and with a quite good discount included. I ordered them by that electronic device at the store and I paid for them (I've got the recipe).
Well, one day after that, I received an email saying my order has been cancelled because the product I ordered WAS out of stock.
I am wondering if that is a legal procedure after I have already paid for that product being available at that moment.
Another interesting point is they have the same model of runners available (but in a different colour). I do not mind to accept them instead but they refused to offer that option to me.
Are they acting properly? Do I have the right of get them?
Many thanks in advance.
I came across a watch online that I wanted to purchase for my Mothers 50th Birthday at a discounted price. The Watch was valued at R1800.00 and discounted to R600.00. I had to confirm with my Mother first before buying the Watch that she would wear it as it was different to what she usually wore and didn't want to buy something she didn't like. The following day I went back online to purchase the watch only to see the watch was Sold Out. I then contacted their Customer Care department to find out if they had any left and they confirmed that it was indeed sold out.
About a week later I received an email from their Customer Care consultant stating that the Watch was back in stock, so I immediately logged on (their web page showed that it was available again) to purchased it before it sold out again. I paid the full amount and received a confirmation that afternoon that my order was being processed. Then 3 days before the date of delivery they email me to tell me they are very sorry but the Watch is "Out of Stock" again even though I had paid and the status on my online Profile showed they were getting it ready for dispatch.
I have now had to tell my Mother twice that the watch I had promised her was no longer available;(
My question is: They have other watches available for R1800 but they are not on special like the Watch that I purchased for R600. Can I request them to give me a watch for the same value and discounted price as the one that they have now failed to supply me with?
Many thanks
Yesterday I bought a new mobile phone online for approximately £700. Several hours later when the order was processed the company (biggest in the country..) emailed me to say that it was not in stock and they did not know when it would be back in, but they'll keep me in touch...
Now, the fact that they took my money knowing that they did not have the product they were advertising, is that not tantamount as fraud? I mean, the phone is still for sale on the website even now, after telling me they didn't have it, so they know the phone is not available but are still taking peoples money. Do I have a case here?
Does this then not qualify for your second above scenario of "if they took payment from you, knowing that they didn’t have the item in stock, weren’t intending to try to get the item for you and were purely trying to hold onto your money (until such time as you demanded it back.) The offence here would be one of fraud"?
Especially so that initially I was told it was the suppliers by customer service, then the buyers by a manager and actually, it turns out they cannot get this product for me at all?
Please advise as I have missed out on several professional opportunities because of the late delivery of this product (camera) as well as a loss of enjoyment on personal occasions where I had sought to use this product also. Both of which I will be seeking compensation on. Not to mention, that I now cannot buy the product from anywhere else, so will have to buy the next edition of the product which is £300 more than the initial £300 I paid.
Many thanks,
I have been waiting for a product from an online retailer for 74 days now. They took more than £300 from my account back in July when I paid for the product, however have kept pushing back the delivery date.
I had complained regarding this service and treatment on several occasions but little was done and they took the approach which you stated above that the wholesalers/distributors etc are at fault and therefore they would not offer me any compensation.
I eventually spoke to a manager around 3.5 weeks ago who explained that the hold up was that they were advised that the camera was in stock with their supplier, but not at there warehouses. And following a discrepancy between the retailer's buyers and the suppliers, it meant that the retailer's buyers had to seek another source for the product. When I asked why had this discrepancy occurred and at what point in the process had this occurred as I had waited over six weeks for the product at this stage, she said she does not have a time line of when these events occurred. But the discrepancy could have been because of a variety of issues ranging from pricing to stock numbers, despite me asking for more information as this was now proof that the delay was on the shoulders of the buyers of opposed to the suppliers or manufacturers as previously blamed, that was all the information she could provide me.
The manager then went on to reassure me that the buyers had now settled the disputes, have secured a new supplier and that they will be delivering stock at the end of that month (September 2016) so I will receive the product by then, if not sooner. The delivery date on the system at this point was 04.10.16.
As I am sure you gathered by this, I still have not received the product and decided this week I would ask for a refund and buy the product elsewhere, lodging a formal complaint for the retailer to foot the difference in cost as I had initially bought it during a sale period and adding various offers. But as I began to look around, I could not find this product in stock ANYWHERE! My suspicions told me this product has been discontinued for some time, so I contacted the manufacturers directly to find out if I was correct in my assumption, which they confirmed. This product has been discontinued and is no longer available.
So all this time, this means that this retailer never had the product in stock, and was never going to get this product in stock because it's no longer being manufactured. Despite me asking them for evidence that they could guarantee me of this product as it had been pushed back on so many occasions.
Does this then not qualify for your second above scenario of "if they took payment from you, knowing that they didn’t have the item in stock, weren’t intending to try to get the item for you and were purely trying to hold onto your money (until such time as you demanded it back.) The offence here would be one of fraud"?
Especially so that initially I was
We are now faced with upgrading to a much more expensive model.
Delays possible...
We appreciate your patience while we work quickly to fulfil Black Friday orders. Due to high demand, there's a chance your order may be delayed. We'll send you an email so you know when to expect your delivery...
However no credit card details are asked for and secondly.
Sorry, we don't have enough Blaupunkt 32/147 32 Inch HD Ready 720p LED TV With Freeview items in stock right now. This item (s) has been added to your save for later basket. You can try to purchase this item again by reducing its quantity. is this illegal? or just bad practice? I notice all other sites state out of stock on the item advertised.
Kind Regards
Stephen
Thanks if anyone is still reading this I know I've gone on a bit, but I'm just so frustrated at what's gone on.
Cheers, Aaron W.
I purchased 6 radiators online and the delivery information stated `up to 14 days`. The company contacted me to arrange a delivery date and gave me a date but added that they will not be able to deliver one of them. This was approx 2 month before I had made arrangements with a plumber for the whole heating system to be installed. We rearranged delivery for another date approx a month later when all the radiators would be in stock.
On the day the radiator in question was not delivered. The company apologized and promised for it to be delivered by the date the plumber came. As the date came closer i decided to chase it up. I called approx a week before the day the plumber was coming to check that all is as arranged. (I hadn`t heard from them.) The company said that unfortunately they will not be able to deliver the radiator as it is out of stock (all this time the radiator was advertised on their website as in stock). Then i asked if a similar (cheaper) product could be delivered instead as I had made all the arrangements with workmen. They promised to give me a call back. When i chased them up again, the answer was that they will not be able to make the delivery as their delivery vehicle had broken down. (this sounded just an excuse)
At the end i had to go to a local store and buy a radiator, and pay for it to be fitted as a part of the system. Later i will have to incur another expense in order for the correct radiator to be fitted. I placed the order 2 month before the date i needed them, which i consider was sufficient and was literally messed around regarding the availability and the delivery dates. I could have made alternative arrangements if i were told that the item would not be available. What are my rights? Am I entitled to a compensation for the extra expense incurred?
Your advice is much appreciated!
When he contacted the supplier to request a returns label he was told he could return the item but he had to pay for the return under the terms & conditions (somewhere in the small print that no one reads!).
I thought under the Distance Trading regulations the dealer had to re-emberse the buyer for any costs returning the item.
If he had purchased the jacket at a local shop he could return it personally however if purchased on the internet he can only return the item by post!
Following enquiries the Seller offers a Standard Post Office delivery which is normally 3 to 5 days. However, when the order & payment is made, the Seller states delivery time is 30 days. This prevents cancellation of the Order.
Following further emails with the Seller, they confirm the item is Out of Stock which was not shown at the time of purchase. They claim their North American Warehouses are also Out of Stock although they advertise as a UK based Company selling on the UK Amazon website. They state they are waiting for a reprint of the book & hope to deliver within the 30 days stated.
Amazon & the Seller refuse to cancel the Order until 30 days have elapsed. Can I demand a refund as I was incorrectly misled it had been posted 11 days ago, it was never in stock & the Seller is relying on a reprint of the book. In the meantime they have my money without any confirmation of a delivery date or that the item will be reprinted.
I believe this Seller is an Agent who never keeps stock which is why they claim a 30 day delivery is standard. I have used Amazon for many years & have trusted their site to ensure I am purchasing from authorised retailers who generally keep adequate stock levels & advise immediately if the item is Out of Stock & offering an immediate refund.
I look forward to your advice - Robert Baker
I am just so mad and want to ask is there anything I can do to let them know they can't just take customer's money and fooling me to get a prescription then lie to me about the shipment and finally tell me it out of stock, they are SORRY.
Please help.
Jeff
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