Sale items unavailable

Sandtree

unholyangel said:

davidmcn said:

Advertising stuff which was genuinely never available is an advertising/trading standards breach, yes (I think in the past places like travel agents have been prosecuted for non-existent deals in their windows), but they only need to have, say, one item at the cheap price to get round that. As above, you may just not be quick enough.

It's actually not as simple as having one item available at the cheap price and it's not just advertising you have a complaint under but unfair trading practices. 

They're supposed to have enough stock to meet demand. Aka can't advertise a price nationally when they only have a few units available. 

https://www.hants.gov.uk/business/tradingstandards/consumeradvice/goodsandservices/pricinglaw

Could have been helpful to quote the section you are referring to as its a long document covering many considerations.

I did spot the bit where it states:
inviting you to purchase a product at a special offer price without making you aware that there is limited stock / availability and where the trader knows that demand for the product generated by advertising will outstrip supply (bait advertising)

Which doesnt say you cannot advertise nationally on limited stock but that you should call out that its limited stock. I do wonder how practically this is measured though as undoubtedly every item has finite stock, no one has an infinite warehouse. If I know I typically sell 10 items a week, I have 20 in stock and I'm going to have a 3 day flash sale offering 10% discount is that going to be quadruple demand so I have to categorically state limited stock or will demand not exceed my stock so no need to mention it... also a rather easy rule to get around by stating that all sales are on limited stock.

justworriedabit

Bradden said:

Why not just complain to the ASA?

About what? OP has no evidence that there was no stock and often the seller would write "limited stock." Therefore, I'm not sure how ASA could help.
These sale prices and no, or a few items are as bad as the sales that claim UP To 70% off and the like.
What I have noted in recent months is hardly anyone does a discount and we recently, the other week had new tyres on our car, and we had never paid so much tyres,

Bradden

@justworriedabit it's not for the OP to prove anything. If he complains to the ASA the retailer has to evidence that this was a  genuine offer with stock. I've complained on similar grounds before and the ASA have upheld the complaint when the retailer could not prove they had any stock.

justworriedabit

Bradden said:

@justworriedabit it's not for the OP to prove anything. If he complains to the ASA the retailer has to evidence that this was a  genuine offer with stock. I've complained on similar grounds before and the ASA have upheld the complaint when the retailer could not prove they had any stock.

Hello. Based on what you said and as you have actually taken that action and succeed, I stand corrected.
Many thanks for this  very useful information info. 

We are all here to help, learn and seek help.