Online bike order - in stock on site but they have emailed me saying it's not

[Vivid Blue]

Hi, yesterday I ordered a bike from an online retailer (The Cycle Warehouse). The site said the bike was in stock, but I have received an email today and they have said that due to high demand for the product they are out of stock, and that they anticipate new stock to arrive on 9th September.

 

I know I can cancel the order but if they're saying it's in stock on their website can I ask them to source it from somewhere else, other than the bike manufacturer?

[MrShed]

Have they taken payment? What do the terms and conditions of the site say re: purchasing and when a contract is established?

[rebel11]

Hi vivid

 

Welcome to CAG

 

The guys will be happy to advise as soon as they are available.

 

They will probably have Terms and Conditions to cover them, it might be best to cancel and buy elsewhere.

[Vivid Blue]

Hi guys and thanks for the quick reply. I paid through Paypal but the money hasn't left my account as yet. The price was quite a lot cheaper than other sites, and I really wanted it this week. This is the Stock Availability section of their T&Cs:

 

"Stock Availability

 

We strive to ensure that most of the products listed on our site are always available from stock. Where an item is available from stock, your order will be despatched the same day if placed on a normal working day before 2.00pm. Orders placed after 2.30pm will be despatched the next working day. If an item is out of stock, we will advise by telephone or email either the same day (if a normal working day) or next working day (weekend/out of hours orders)."

 

I'm just a little frustrated, it's a great price and good spec and was looking forward to getting out on this week. It seems it's out of stock with a lot of other sellers too. They said my order would be treated as a matter of priority, but not sure whether to wait so long. Do you guys know where I'd stand with Paypal if I waited until September? Would I be able to lodge a dispute if it still hadn't arrived (and if they'd taken payment)?

[Vivid Blue]

Have they taken payment? What do the terms and conditions of the site say re: purchasing and when a contract is established?

 

Hi Mr Shed. Thanks for your reply. The full Terms and Conditions are a link on The Cycle Warehouse website which is found at the bottom of the page - unfortunately the forum won't allow site links so I can't put a link here

[rebel11]

Have you Googled the product, then click shopping, then click 'low to high', see if theres a better price and in stock.

[MrShed]

The frustration is understandable. But the short answer is that unless a SPECIFIC contract was established and finalised regarding an exact delivery timescale, you cannot enforce a specific timescale for delivery. As it happens, the fact that the payment hasnt been taken yet means that the binding contract to supply has not been established yet in any event. But even if it was, it wouldnt help you I'm afraid.

[perplexity]

What you could enforce, perhaps, is The Consumer Protection from Unfair Trading Regulations, whereby this is defined as a strict liability criminal offence:

 

Making an invitation to purchase products at a specified price without disclosing the existence of any reasonable grounds the trader may have for believing that he will not be able to offer for supply, or to procure another trader to supply, those products or equivalent products at that price for a period that is, and in quantities that are, reasonable having regard to the product, the scale of advertising of the product and the price offered (bait advertising).

[Vivid Blue]

Thanks for the help everyone. I rang around several bike shops and it was out of stock until September with those too. I've cancelled the order and gone for another bike, with another online cycle shop - got the last one! The Cycle Warehouse were good about it, straightforward to deal with and at least answer emails unlike some other companies.

 

Thanks guys