Was sold an iPhone by O2 despite being out of stock

djdna

Hi all

Last Friday (in plenty of time for xmas) I bought an iPhone 3GS 16GB from O2 (from their telephone sales line), on PAYG for £440, plus a SIM-only £20 per month deal (Don't want to be locked into a 24-month contract). This was a christmas present for my wife as I specified at the time. I received an email yesterday stating that I was to receive a refund as the item was out of stock. The refund will take 5 days to clear, and unsurprisingly I don't have another £440 to lash out on another one before xmas. By the time the refund goes through it will be too late.

I called up today and they claim that there may never have been any in stock, and that this is perfectly fine under the distance selling regulations. Surely I should have a reasonable expectation that the sales person I spoke to would have checked the stock? What can I do about it? They are apparently out of stock of the 16GB ones, I said I would take a 32GB one as a goodwill gesture but they want the extra cash for one, I can't afford another 100-quid plus for that.

Looks like my wife will be getting a chocolate orange for xmas

Enterprise_1701C

Morally they should not have done this, don't know about the law.

How about wrapping up an IOU for your wife - not as nice but she will then have the anticipation too!

MummyOf1_2

I would contact head office, i heard it on the news that companies are taking the mick just now over the sales of goods act, i would too be annoyed at not having item and obviously being left short.

Kilty_2

This kind of thing can happen - the stock levels can show in stock and then when the order is processed it's out again thanks to online sales and other queued sales awaiting processing.

Saw it a few times when I was a CSA for O2. I seriously doubt there was any deliberate attempt to mislead.

You could contact high level complaints (ask customer services for the address) but it'll be weeks before you hear anything at all from them.

melroccan

when you do get the refund, Tesco are doing iphones now and you get double points:beer: