John Lewis "In Stock" item "Out of Stock"

HawkE

Can John Lewis just withdraw from fulfilling an item AFTER having accepted an order and taken payment for it?

I had originally seen a mobile phone for sale online but but it became "out of stock". A few days later I saw that its status become "in stock", also got a email alert saying it was in stock and placed an order paying by credit card (value over £200).

One day after placing the order I got my 2 year guarantee for the phone.

Three days after the order was placed John Lewis called to inform that the item would not be delivered within the 7 day period from my order. I was offered a refund or to have the order delivered accepting it would a day later than advertised 7 day delivery. I agreed that was acceptable.

The order had still not arrived two days after the original delivery time and I called John Lewis only to be told that the item was not in stock and that it would not be in stock! I was advised my only options were to have a refund or choose another item. Unfortunately no other item comes with as an attractive offer (the original item was bundled with accessories).

Can John Lewis simply decide not to go through with the supply of the item AFTER having accepted the order, taken payment, issued warranty, etc?....and their obligation be limited to refund my payment.

Fosterdog

HawkE wrote: »

Can John Lewis just withdraw from fulfilling an item AFTER having accepted an order and taken payment for it?

I had originally seen a mobile phone for sale online but but it became "out of stock". A few days later I saw that its status become "in stock", also got a email alert saying it was in stock and placed an order paying by credit card (value over £200).

One day after placing the order I got my 2 year guarantee for the phone.

Three days after the order was placed John Lewis called to inform that the item would not be delivered within the 7 day period from my order. I was offered a refund or to have the order delivered accepting it would a day later than advertised 7 day delivery. I agreed that was acceptable.

The order had still not arrived two days after the original delivery time and I called John Lewis only to be told that the item was not in stock and that it would not be in stock! I was advised my only options were to have a refund or choose another item. Unfortunately no other item comes with as an attractive offer (the original item was bundled with accessories).

Can John Lewis simply decide not to go through with the supply of the item AFTER having accepted the order, taken payment, issued warranty, etc?....and their obligation be limited to refund my payment.

They can’t provide you with something they don’t have, when do their T&Cs say a contract is formed? If the contract was already formed then you may have a claim for loss of bargain but if it wasn’t formed then you don’t and a refund is all you’re entitled to.

visidigi

HawkE wrote: »

Can John Lewis just withdraw from fulfilling an item AFTER having accepted an order and taken payment for it?

I had originally seen a mobile phone for sale online but but it became "out of stock". A few days later I saw that its status become "in stock", also got a email alert saying it was in stock and placed an order paying by credit card (value over £200).

One day after placing the order I got my 2 year guarantee for the phone.

Three days after the order was placed John Lewis called to inform that the item would not be delivered within the 7 day period from my order. I was offered a refund or to have the order delivered accepting it would a day later than advertised 7 day delivery. I agreed that was acceptable.

The order had still not arrived two days after the original delivery time and I called John Lewis only to be told that the item was not in stock and that it would not be in stock! I was advised my only options were to have a refund or choose another item. Unfortunately no other item comes with as an attractive offer (the original item was bundled with accessories).

Can John Lewis simply decide not to go through with the supply of the item AFTER having accepted the order, taken payment, issued warranty, etc?....and their obligation be limited to refund my payment.

Check the terms and conditions - it'll say no contract formed before dispatch.

So yes, they can.

HawkE

visidigi wrote: »

Check the terms and conditions - it'll say no contract formed before dispatch.

So yes, they can.

The TCs do indeed say that: "Order acceptance and the completion of the contract between you and us will take place on the despatch to you of the Products ordered unless we have notified you that we do not accept your order, or you have cancelled it in accordance with the instructions in Change or cancel an order"

However, the online order status changed from "in process" to "despatched" after they called me to say it would be delayed and I accepted for it to be delivered one day late.

Fluffybunny80

They sent you the warranty too so it's a pretty grey area this one.
Does seem a long time to keep you hanging like that and them taking payment too
Maybe they'll issue a small good will gesture say a £10 voucher if you escalate the complaint, but I don't think you will get much else apart from your refund obviously.
Maybe ask if any goodwill is available ?

agrinnall

I think you could do better than £10 if you stick to your guns, I got a £50 voucher from them when they made a complete mess over several weeks of trying to deliver a printer (value £150) to me - in the end I cancelled it, bought it on next day delivery elsewhere, and bizarrely 2 days later JL delivered the cancelled one so I had to hang onto it until they sent someone to collect it.

Mr_Singleton

Had over £200 out of JL for various tuck ups about 2 years ago. Act all “Outraged of Tunbridge Wells” in a public school accent and JL will stump up.

leosmum96

Mr_Singleton wrote: »

Had over £200 out of JL for various tuck ups about 2 years ago. Act all “Outraged of Tunbridge Wells” in a public school accent and JL will stump up.

And you wonder why retail is suffering? Could it be that everyone wants freebies????? What ever happened to working hard and being honest? Instead of a culture of I want it now and for nothing????

HawkE

Mr_Singleton wrote: »

Had over £200 out of JL for various tuck ups about 2 years ago. Act all “Outraged of Tunbridge Wells” in a public school accent and JL will stump up.

Belatedly, thought I had better report the outcome....In the end they did "stump up".

But it took a long while to get to that point and I really would have rather have had the items supplied in the first place or my order rejected up front so I could have got it from somewhere else.

Ectophile

leosmum96 wrote: »

And you wonder why retail is suffering? Could it be that everyone wants freebies????? What ever happened to working hard and being honest? Instead of a culture of I want it now and for nothing????

Perhaps it will stop when retailers are honest about what they have in stock, and when they will deliver it.

Is it really honest for a retailer to take immediate full payment for something they claim is in stock, but isn't?

[Deleted User]

Ectophile wrote: »

Is it really honest for a retailer to take immediate full payment for something they claim is in stock, but isn't?

It's not a question of "honesty", it's a question of simple database accuracy. Unfortunately, retailers aren't putting enough resource into maintaining such accuracy. They seem content that the number of errors is far outweighed by the successful sales made online.