Company taking credit card payment for out of stock item??

What are the legalities on this........?
Wife had seen some garden furniture for sale at our local garden centre and went back the day after to buy it but they had sold out and also said the online shop was sold out to.
I had spoke to the online customer services about it the night before about sizes and they said they had loads in stock.
I phoned the online thing again and they confirmed they now had only a few in stock so I placed the order there and then they took payment which has come of our credit card the same day.
This was 3 days ago, so I went online to check the tracking info and its still showing as "in picking" even now.
The site is showing out of stock now.
Ive phomned up again today and they cant explain why they have took payment before making sure they had allocated stock,needless to say Im not very happy.
Can they take payment for something they havent got or not??
cheers
Steve

Comments

  • bap98189
    bap98189 Posts: 3,801 Forumite
    Part of the Furniture 1,000 Posts
    Yes. It's quite a common practice, although it is very poor customer service to not inform the customer that there will be a delay.
  • byjimini
    byjimini Posts: 288 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    I know with the firm I work for, we don't hold much stock on hand, so we don't have 'in stock' on the website. We tell people within work hours if we can't supply something there and then, and offer to refund them fully immediately or order it for them.

    All it takes is a simple email, but some firms are too lazy. I'd like to think we at least explain how we work up front, and then keep customers informed.
  • bikingbarney
    bikingbarney Posts: 653 Forumite
    Part of the Furniture 500 Posts Name Dropper Combo Breaker
    Thanks for the replies.

    At the time of order the chap on the phone told us it was still in stock so I cant understand why it is still showing as "in picking"

    the item in question was in a sale and I dont think they are getting any more stock !!
  • Then they will likely cancel and refund.

    Yes, they can of course take money for things that they do not have in stock. Many companies that make things to order require paying in full upfront when the item is still nothing more than an idea in someones head. Why you would think this illegal is beyond me!
    Thinking critically since 1996....
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