falsely 'out of stock'

phobic_sting

New Member
Jan 23, 2010
1
0
0
Hi, on 17th Dec 09 I purchased some computer memory on the internet 'Kingston 2Gb DDR2 800Mhz'. It was going really cheap at £15.99 each so I ordered 2 sticks of this memory. Christmas was busy so I forgot about it until early January when I still hadn't recieved any emails or goods.

On the website my order status was still listed as being 'in the warehouse queue'. I messaged them and they said it was unavailable. I had done some research previously and I found that the exact same product was indeed available, they had just re-listed it at a higher price of £39.99 each using 2 extra letters (K2) in the product code. I looked this code up on the manufacturer's website and it referred to a memory kit of two 1Gb sticks of memory.

The funny thing is, this change was only in the title. The product description and features were exactly the same and the item description even quoted the same product number that was in my order.
I sent them a few messages and phoned them to say that they had my product in stock wrongfully listed and that they had to send it to me. They refused and said I could have a refund, or pay the difference for the now more expensive product. The second option is ludicrous and I don't see why they should be able to fob me off with a refund when they had my product in stock disguised as another. I want the memory or equivilent specification.

My guess is that they have sneakily changed the product code slightly to make it look like a different product and therefore relieving them of having to fulfill any outstanding orders such as mine.
Funnily enough they have now started selling the memory kit that should have the letters (K2) in the code. So they are now selling two different memory products with the product codes the wrong way round. Today they have just cancelled my order and instructed a refund even though I emailed them saying I do not accept that.
Sorry for the length of this, it is probably easier to show screenshots than to explain in words. Surely, they cannot get away with this though as any retailer could simply pretend to be out of stock to get around having to supply the goods at the original agreed price...

D.Clarke
 

Tony

What Consumer Founder
Apr 7, 2008
18,307
3
38
Bolton
Hi,

The problem with online sales is that the contract is often not concluded till the item ships. You can check this in the terms, retailers do this to protect themselves from pricing errors.

The practice of selling items that don't exist and then trying to sell a more expensive alternative is a potentially illegal practice called bait and switch.

This lady might be interested:

http://whatconsumer.co.uk/forum/consumer-news/8086-itvs-tonight-programme-seeks-victims-unfair-pricing.html

As well as Trading Standards.

The problem is this does not help you directly as it is a criminal matter rather than civil. You could write a letter stating this and you might get a different response though : )

Tony