o2 - Out of stock item

davross

Hi all,

I ordered an item (Samnung Gear VR headset) from the 02 online store today. I wanted the item for tomorrow and it was advertised on the 02 website as "In Stock. Free next day delivery when you order by 10pm" and allowed me to chose delivery between 8am-8pm tomorrow when I placed the order.

About an hour later, I received a text message from o2 saying that the item is out of stock and they would let me know as soon as they have a new delivery date.

I checked the website and it still said the item was in stock so I contacted o2 via their chat window. They were really unhelpful and said I could either wait for an unknown amount of time to see if/when it comes back in stock (definitely not by tomorrow) or they could cancel the order and I would have to wait 14 days for a refund.

Anyone know if they are allowed to take payment for an out of stock item? I know under the distance selling regs they couldn't but I'm not sure if this is still the case under the new Consumer Rights Act.

unholyangel

Not sure what you're referring to as the distance selling regulations would not prohibit the same from happening.

Also, it was the consumer contract (information, cancellation & additional charges) regulations that replaced the distance selling regulations. The consumer rights act replaced the sale of goods act.

I agree in theory that retailers shouldn't take any payment until they have accepted your order and are able to dispatch the goods, but theres nothing in law stopping them from doing so.

bris

It's all automated by the system, a human doesn't get involved until they process the order, this is where they either accept or decline your offer. They Contacted you to alter the terms of the contract is now your turn to either accept or decline.


Perfectly legal and tbh the only way it can work really. If they have to process the payment when they know they have it, it would take much more man power and cause delays. Then they find out the payments declined and all that time is wasted.


The only problem is the 14 days, it should be instant when they know it's out of stock, but the law allows it.