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Old 21-05-2012, 12:16 PM #1
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Default Is it false advertising to advertise something as available when its out of stock?

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?

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Old 21-05-2012, 12:19 PM #2
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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.
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Old 21-05-2012, 12:21 PM #3
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Originally Posted by lostalex View Post
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.
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Old 21-05-2012, 12:25 PM #4
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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??
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Old 21-05-2012, 12:28 PM #5
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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.
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Old 21-05-2012, 12:31 PM #6
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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.
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Old 21-05-2012, 12:32 PM #7
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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.
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Old 21-05-2012, 12:32 PM #8
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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
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Old 21-05-2012, 12:34 PM #9
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which website is this? just so we all know not to deal with them.
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Old 21-05-2012, 12:45 PM #10
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which website is this? just so we all know not to deal with them.
Hmv
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Old 21-05-2012, 12:50 PM #11
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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
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Old 21-05-2012, 12:54 PM #12
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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.
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Old 21-05-2012, 01:00 PM #13
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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.

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Old 21-05-2012, 01:05 PM #14
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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.

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Old 21-05-2012, 01:08 PM #15
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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.
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Old 21-05-2012, 01:09 PM #16
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Originally Posted by daniel-lewis-1985 View Post
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.
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Old 21-05-2012, 01:27 PM #17
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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."
 
Old 21-05-2012, 01:52 PM #18
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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.
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Old 21-05-2012, 01:56 PM #19
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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.
 
Old 21-05-2012, 02:07 PM #20
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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.

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Old 21-05-2012, 02:07 PM #21
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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
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Old 21-05-2012, 02:29 PM #22
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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
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Old 21-05-2012, 04:10 PM #23
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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.
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Old 21-05-2012, 07:50 PM #24
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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.
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