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  1. #1
    PrimeFitJoe is offline Junior Member
    Join Date
    Aug 2007
    Location
    Rancho Mirage, California
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    1

    Item not in stock. False Advertising?

    What is the name of your state? California.

    In July I ordered a large appliance from the online site of a mass merchandiser. The item showed "in stock" and the site offered me a delivery date. I completed the transaction and my credit card was charged (between $400-$500 for item + delivery).

    The day before the agreed-upon delivery date, the vendor notified me by email that the delivery had been rescheduled for the following week. I called to ask why.

    I was informed that the item was not in stock, that their vendor had missed delivery dates to them to the extent that they had 4 open P.O.'s for the vendor, and that they were not certain whether or not the item would arrive in time for the new delivery date. They did tell me that the P.O.'s in question had a cancel date the day after the new delivery date.

    My question: The vendor got my business both by price, which was good, but not significantly better than another vendor's, and by their claim that the item was in stock and deliverable. They charged my credit card under those pretenses. Does this constitute "false advertising" under California Law? Does this constitute some kind of breach of contract when they accept an order for delivery then not only fail to deliver in a timely fashion, but admit that they don't even have the product to sell?

    I understand that "just in time" inventory practices are common, and are an attempt by vendors to keep costs down. But should they be able to claim the capacity to deliver an item when the do not even have it in stock, and when they already know there's a problem with their vendor?What is the name of your state?
  2. #2
    seniorjudge is offline Senior Member
    Join Date
    Aug 2005
    Location
    St. Odo of Cluny Parish
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    29,533
    No, no, I don't understand the question, and California.
    There are two rules for success:

    (1) Never tell everything you know.
  3. #3
    Zigner is offline Senior Member
    Join Date
    Jan 2005
    Location
    California
    Posts
    53,541
    You *might* be able to cancel the contract with no penalty. But, don't you still need the appliance?

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