Is it false advertising to advertise something as available when its out of stock?

[daniel-lewis-1985]

This has happened to me.

I would assume if a company was out of stock yet state that its available on their website and take the money from you then this is false advertising right?

They even accepted my money for Saturday delivery even though it was out of stock so obviously there was no way that would be possible.

After a million emails i have now been told i will have to wait until they are back in stock and they dont know when that will be.

Grrrr so angry!

So am i in the right when saying that this is false advertising?

[lostalex]

if they say you can have it by a certain date, and you don't receieve it, then yes you have every right to refuse it if it is late. It could be the fault of the postal service though, and not the company you buy it from.

[daniel-lewis-1985]

if they say you can have it by a certain date, and you don't receieve it, then yes you have every right to refuse it if it is late. It could be the fault of the postal service though, and not the company you buy it from.

The company confirmed they were out of stock only after i emailed when it didnt arive on Saturday as they promised so its not the postal service.

[lostalex]

The company confirmed they were out of stock only after i emailed when it didnt arive on Saturday as they promised so its not the postal service.

oic, well you should be allowed a refund of your money then. The company will not give you a refund??

[daniel-lewis-1985]

oic, well you should be allowed a refund of your money then. The company will not give you a refund??

I have e-mailed asking them 3 times for a refund and i have just got e-mails back saying the product is out of stock and will be delivered as soon as they recieve a new batch.

I tried calling the customer services and they where unhelpful did the whole "i need to speak to my supervisor" routine blah blah blah "You will get a callback".

Still havent and ringing a premium number from a mobile isnt an option.

[Holly Christmas]

report them to trading standards or a consumer rights organisation Daniel. They are out of order, and have misrepresented themselves, you are in the right. You should be given a refund with no questions and instead they are messing about and trying to fob you off.

[ChristmasNeeve]

Most of the bigger websites will have Out of Stock next to the product if it is out of stock. They should have atleast emailed or called you after you'd ordered it and paid for a Saturday delivery when they noticed this. You should definitely be entitled to a refund atleast

[daniel-lewis-1985]

report them to trading standards or a consumer rights organisation Daniel. They are out of order, and have misrepresented themselves, you are in the right. You should be given a refund with no questions and instead they are messing about and trying to fob you off.

Yeah i think i need to.

God its such a pain in the arse though.

[lostalex]

which website is this? just so we all know not to deal with them.

[daniel-lewis-1985]

which website is this? just so we all know not to deal with them.

Hmv

[ChristmasNeeve]

Hmv

Really? I'm surprised that a company that big would be so unhelpful about something like this. I've always found amazon really good and helpful to deal with, I remember I ordered a DVD from them before and it was the wrong region so it wouldn't work on my DVD player........it was 100% my own fault for not reading the description properly but they gave me a full refund anyway and never asked for the DVD back either

[daniel-lewis-1985]

Really? I'm surprised that a company that big would be so unhelpful about something like this. I've always found amazon really good and helpful to deal with, I remember I ordered a DVD from them before and it was the wrong region so it wouldn't work on my DVD player........it was 100% my own fault for not reading the description properly but they gave me a full refund anyway and never asked for the DVD back either

Yeah Amazon and Play.com are really good with customer service.

[Livia]

I'd be inclined to email them and say if you don't hear by 4pm today that your money has been refunded you will contact Trading Standards, and that you will also spend as much time as you can telling as many people as you can how shabbily you've been treated.

[daniel-lewis-1985]

I'd be inclined to email them and say if you don't hear by 4pm today that your money has been refunded you will contact Trading Standards, and that you will also spend as much time as you can telling as many people as you can how shabbily you've been treated.

Thats exactly what i just did.

Its so frustrating to recieve no response or even empathy from the staff for causing such inconvinience.

Im fuming with them.

No wonder most of their stores have closed down if this is how they treat their customers.

[Livia]

Thats exactly what i just did.

Its so frustrating to recieve no response or even empathy from the staff for causing such inconvinience.

Im fuming with them.

No wonder most of their stores have closed down if this is how they treat their customers.

I'm not a massive fan of HMV and have experienced what they laughingly call their 'Customer Service' department. You'd think with the likes of Amazon and Play, HMV would step up their game, but... no.

Hope you get your refund sorted.

[arista]

This has happened to me.

I would assume if a company was out of stock yet state that its available on their website and take the money from you then this is false advertising right?

They even accepted my money for Saturday delivery even though it was out of stock so obviously there was no way that would be possible.

After a million emails i have now been told i will have to wait until they are back in stock and they dont know when that will be.

Grrrr so angry!

So am i in the right when saying that this is false advertising?



Yes
It Stinks.


The Problem is Some Sites
do not update Stock in the Correct way.

But on Amazon
they do not take your money
unless its on its way to you.

[Jesus.]

The problem you have, is that you have placed an order, and your order is in process, so it becomes difficult to cancel until you receive the goods, and then return them for a refund. Otherwise, what's to stop people canceling as goods are in process and then saying that they didn't receive it?

It's definitely not false advertising. Wonder bra's are false advertising. The product isn't different, it's just out of stock. Unfortunately, in the words of Liam Gallagher, you'll just need to "roll with it."

[daniel-lewis-1985]

The problem you have, is that you have placed an order, and your order is in process, so it becomes difficult to cancel until you receive the goods, and then return them for a refund. Otherwise, what's to stop people canceling as goods are in process and then saying that they didn't receive it?

It's definitely not false advertising. Wonder bra's are false advertising. The product isn't different, it's just out of stock. Unfortunately, in the words of Liam Gallagher, you'll just need to "roll with it."

But surely advertising Saturday delivery and guaranteeing it will be with me Saturday before 1pm is false advertising if this was not possible?

They took the money for it but couldnt provide the service.

[Jesus.]

But surely advertising Saturday delivery and guaranteeing it will be with me Saturday before 1pm is false advertising if this was not possible?

They took the money for it but couldn't provide the service.

Well they could argue that it was down to their shipment issues, which would negate the fact that they said they would be delivered on that specific date. Companies **** around with consumers constantly.

They will provide the service eventually, just not when you wanted it.

[daniel-lewis-1985]

Well they could argue that it was down to their shipment issues, which would negate the fact that they said they would be delivered on that specific date. Companies **** around with consumers constantly.

They will provide the service eventually, just not when you wanted it.

And not what i paid for.

They cant argue shipping issues can they if they already confirmed there was nothing in stock to actually ship?

Not the Royal Mails problem if the company didnt send them the parcel.

[ChristmasNeeve]

Well they could argue that it was down to their shipment issues, which would negate the fact that they said they would be delivered on that specific date. Companies **** around with consumers constantly.

They will provide the service eventually, just not when you wanted it.

Even so, it's not good customer service and probably, like Daniel said a reason they're not doing as well as other companies like amazon and play.com.....I know I personally wouldn't deal with a company again if I had a bad customer service experience with them

[Jesus.]

And not what i paid for.

They cant argue shipping issues can they if they already confirmed there was nothing in stock to actually ship?

Not the Royal Mails problem if the company didnt send them the parcel.

Either way, you will get a refund if you send the goods back or if they cancel an order in process for you. It's really bad customer service though. Not false advertising though. I promise you.

Simple question - what would you like to happen from this point onwards? Be realistic.

Even so, it's not good customer service and probably, like Daniel said a reason they're not doing as well as other companies like amazon and play.com.....I know I personally wouldn't deal with a company again if I had a bad customer service experience with them

HMV won't be doing as well as others because they have a **** load of megastores up and down the country, that mean an increase in price to the consumer.

I'm sure you give poor Gav, atrocious (ahem, ahem, cough, cough) customer service all the time. He still places orders though!!

HMV are ****, but that's it.

[ChristmasNeeve]

Either way, you will get a refund if you send the goods back or if they cancel an order in process for you. It's really bad customer service though. Not false advertising though. I promise you.

Simple question - what would you like to happen from this point onwards? Be realistic.



HMV won't be doing as well as others because they have a **** load of megastores up and down the country, that mean an increase in price to the consumer.

I'm sure you give poor Gav, atrocious (ahem, ahem, cough, cough) customer service all the time. He still places orders though!!

HMV are ****, but that's it.

I never give bad customer service, I'll have you know :pipe:

[daniel-lewis-1985]

Either way, you will get a refund if you send the goods back or if they cancel an order in process for you. It's really bad customer service though. Not false advertising though. I promise you.

Simple question - what would you like to happen from this point onwards? Be realistic.



HMV won't be doing as well as others because they have a **** load of megastores up and down the country, that mean an increase in price to the consumer.

I'm sure you give poor Gav, atrocious (ahem, ahem, cough, cough) customer service all the time. He still places orders though!!

HMV are ****, but that's it.

All i want is a refund.

The goods havent been sent yet and im not waiting like month to recieve it then have to send it back and wait god knows how long to get a full refund.

I think it does class as false advertising though in regards to offering Saturday delivery when they clearly cant provide it. The product is still showing as "available" on the website to as is the shipping options.

[Jesus.]

All i want is as refund.

The goods havent been sent yet and im not waiting like month to recieve it then have to send it back and wait god knows how long to get a full refund.

Then phone them up and be nice. I know you probably don't feel like it, but that is your best bet. build rapport with the customer service person you speak to. Use phrases like "I'd really appreciate it if we could get this sorted", or "I need your help to iron out an issue with a product I've ordered".

Be over the top nice and they will help.

[arista]

All i want is a refund.

The goods havent been sent yet and im not waiting like month to recieve it then have to send it back and wait god knows how long to get a full refund.

I think it does class as false advertising though in regards to offering Saturday delivery when they clearly cant provide it. The product is still showing as "available" on the website to as is the shipping options.


Have they taken your money
out of your account?

[daniel-lewis-1985]

Then phone them up and be nice. I know you probably don't feel like it, but that is your best bet. build rapport with the customer service person you speak to. Use phrases like "I'd really appreciate it if we could get this sorted", or "I need your help to iron out an issue with a product I've ordered".

Be over the top nice and they will help.

Being overly nice or angry wont wash with them they just follow their crappy robotic script.


I have called their premium number once im not doing it again.

[daniel-lewis-1985]

Have they taken your money
out of your account?

Yup.

They took it out straight away.

[daniel-lewis-1985]

I think it does class as false advertising though in regards to offering Saturday delivery when they clearly cant provide it. The product is still showing as "available" on the website to as is the shipping options

[Jesus.]

Being overly nice or angry wont wash with them they just follow their crappy robotic script.


I have called their premium number once im not doing it again.

Wait for your delivery then.

[daniel-lewis-1985]

Wait for your delivery then.

Erm...ok.

[arista]

Yup.

They took it out straight away.


Martin Lewis
is the Man that can help you.

He deals in this Corruption.


http://www.moneysavingexpert.com/?gclid=CL_jrabNkbACFYt-fAodn2Ojqg

[Livia]

Erm...ok.

Then make sure you tell as many people as you can how HMV took your money, promised to deliver on Saturday, charged you extra for that, then jerked you around. You've made a good start on here.

If we're all nice, and don't kick up a fuss, and patiently wait for the goods we've paid for, and that we've paid extra to have delivered on a Saturday, then the supplier breaks the contract by not delivering on the specified date because the goods are actually out of stock, then we'll end up accepting crappy service from everyone.

[joeysteele]

You are in the right Daniel, they should have really given you the option of waiting for the product or a refund,you were led to believe it was in stock and even more so that it would be delivered to you on a specific date,the only reason you purchased it at that time,since it wasn't then if you are not willing to wait you should be given a full refund.

I wish you luck and hope you get it sorted.

[joeysteele]

Being overly nice or angry wont wash with them they just follow their crappy robotic script.


I have called their premium number once im not doing it again.

Can and have you emailed them Daniel,try that way and also insist they get a Manager to ring you as well.Also via e mail say you want to lodge a complaint as well.

Don't waste time and money on phone calls, insist they ring you.

I had a problem with a company,they sent me the wrong thing rather than not send it at all but I just kept on at them, got it sorted online eventually, my persistence paid off in the end though,I even got a 20% discount offer for my next purchase from them.

[daniel-lewis-1985]

Can and have you emailed them Daniel,try that way and also insist they get a Manager to ring you as well.Also via e mail say you want to lodge a complaint as well.

Don't waste time and money on phone calls, insist they ring you.

I had a problem with a company,they sent me the wrong thing rather than not send it at all but I just kept on at them, got it sorted online eventually, my persistence paid off in the end though,I even got a 20% discount offer for my next purchase from them.

Yeah ive sent 6 emails and have called twice and been told i would get a call back from a "manager" still waiting lol.

[Pyramid*]

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?ctx=1053;-1;-1;-1;-1&pPageID=3326


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).





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.



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.

[daniel-lewis-1985]

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?ctx=1053;-1;-1;-1;-1&pPageID=3326




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.

Yeah they have taken the cash including delivery charge but not shipped it so they have broke their terms and conditions there.

[Pyramid*]

Yeah they have taken the cash including delivery charge but not shipped it so they have broke their terms and conditions there.

Despatched could mean despatched to their warehouse....it could also mean despatched as in, from their warehouse: their T&Cs are unclear to say the least - and I suspect quite deliberately.

Shipped means it has left their warehouse and is in transit.

This unfortunately are all the 'grey areas' in T&Cs that they managed to get out of through clever wording.

Look at the contradictory statements (or rather, what I would regard as deliberately ambigious - giving them a get out clause)

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.

either way: I'd be taking it further - either via Trading Standards or a no nonsense (but 'reined in') email - giving them a clear 24 hours to refund my monies in full as well as compensation (a reasonable amount) and threaten to highlight this to the media.

[thesheriff443]

i ordered some paint the other day waited seven days and sent an email saying is there a problem?
got email back saying it was the end of that line and they where out of stock
they refundend me but some cock was not doing his job.

[Pyramid*]

Here.

http://hmv.com/hmvweb/navigate.do?ctx=3348;-1;-1;-1;-1&pPageID=3349

HMV must receive payment of the whole of the price for the goods that you order before your order can be accepted, and the contract formed. Payment is not taken until the point of despatch of the goods to you from our premises in Guernsey.

(ie: they mean it leaving their warehouse)


Once payment has been received HMV will confirm that your order has been received by sending an email to you at the email address you provide in your registration form. The shipment email will include your name, the order number and the total price. HMV s us on these terms.HMV s acceptance of your order brings into existence a legally binding contract between us on these terms.
Any term sought to be imposed by you in your order will not form part of the contract.

(ie: your Express delivery could be argued that it was a term sought to be imposed by you)


Other important bits:


Withdrawal By You From The Contract



If you are an individual and are not buying goods on behalf of a business, there are certain circumstances in which you may withdraw from the contract and these are set out here. This right to withdraw does not apply to business buyers.
You may withdraw your order for goods at any time up to the end of the twenty first working day after you have received the goods. You do not need to give HMV any reason for withdrawing your order nor will you have to pay any penalty.
The only circumstances in which you cannot withdraw your order are where you have taken the goods you have ordered (or the ones in relation to which you want to withdraw) out of the sealed package in which they were delivered.
To withdraw your order you must notify HMV in writing at the address set out in the HMV returns section of this Web site.
If you have received the goods before you withdraw your order then, unless you have lost your right to withdraw because you have taken the goods out of their sealed package, you must send them back to the HMV contact address at your own cost and risk. If you withdraw your order but HMV has already processed the goods for delivery and you have received them, you must not unpack the goods when they are received by you and you must send the goods back to HMV at the HMV contact address at your own cost and risk as soon as possible.
Once you have notified HMV that you are withdrawing your order, any sum debited to HMV from your credit card will be re-credited to your account as soon as possible and in any event within 30 days of your order PROVIDED THAT the goods in question are returned by you and received by HMV in the condition they were in when delivered to you.
Availability Of Goods You Order

If HMV has insufficient stock to deliver the goods ordered by you, we will notify you as soon as possible and any sum debited by HMV from your credit card will be re-credited to your account and HMV will notify you by email at the address given by you in your order form. The refund will be made as soon as possible and in any event within 30 days of your order. HMV will not be obliged to offer any additional compensation for disappointment suffered.

(ie: they are not obliged: but this doesn't invalidate you requesting as a gesture of goodwill and without prejudice)

PLEASE NOTE: We endeavour to bring our customers the best value we can by running special offers, but please remember stocks are limited at the special offer price, and subject to availability. We update our web site as quickly as we can to minimise disappointment. The process of updating the web site when goods have sold out at campaign price can take a few hours to update. Please note that the price the goods are offered for tender are as displayed in the Shopping Basket. Rest assured your credit card will only be debited as your order or individual items from your order are dispatched.

Delivery Of Goods To You


HMV will post, or arrange a courier on your behalf for, the goods ordered by you to the person and address you give HMV at the time you make your order. The consignee (i.e. the person to whom the consignment is sent) will be the declarant and importer into the country for which the consignment is destined. For non-UK destinations, the consignee will be responsible for both customs clearance and payment of customs duties and local taxes where required. Each item ordered will be treated as a seperate sale and will be shipped and paid for seperately.

Delivery will be made as soon as possible after your order is accepted and in any event within 30 days of despatch of the order. All delivery times quoted on the web site are estimates only, based on availability, normal processing and delivery companies. (ie another get out clause)
You will become the owner of the goods you have ordered when the goods are dispatched to you from our premises in Guernsey, or the UK, as the case may be



It would take you more time going through all the flippin clauses: it's the type of thing I'd love to get my teeth into just to feck them off - but for the cost of the item - I'd do the email I suggested earlier and then badmouth them at every turn.