won auction, seller claims out of stock but still lists the item 6 hrs later

[sarahw5501]

Hi Guys,

I recently won an auction for an item from a huge australian online store. I got a really good price for the item (~about 1/2 RRP) by outbidding 2 others. I got an email from them today claiming they are out of stock and could offer me a refund or another item. The funny thing is that i just checked the ebay store (6 hrs later) and the item i just won in an auction is not only listed with 10 avaialble (buy now) but being sold for twice what I paid for in the auction! I was even able to add one of these to my cart and all but click the confirm purchase button.

They also have another store (an actual physical store in Victoria), their online site also claims to have them in stock. I am going to give them a call to confirm they actually have none in stock.

SO i am mighty annoyed, furious infact. I call BS on the item being out of stock and i will not accept a refund.

What are my rights under Australian Consumer Law? Does the buyer need to supply what was promised? as far as i am concerned, they can go to a competitor or supplier and buy one and have it shipped to me.

Thanks Sarah

[letscleanupmycupboards]

Rights under consumer law? None. Not to force them to sell to you anyway. While it's not good practice at all sadly you can't really "not accept a refund" unless you don't want your money at all or they have another item you want. It's a common tactic when the price doesn't reach expectations.

eBay can't force them to send it and it happens often. You do of course have feedback that you can leave to let others know.

[letscleanupmycupboards]

I had a similar one where I bought and paid for an item on a weekend and got a message middle of the day Monday that "the post office has returned your parcel as undeliverable" so would it be ok to refund. Must have a really efficient post office. It was also an Aussie seller.

[sarahw5501]

Thanks for the message.

Here is how it panned out in the end if you are interested:

I told them that I would not accept a refund and they listened! I was able to select an Item from the store of the same RRP (not auction price as this was about 50% of RRP!) AND they threw in some free gear for my trouble.

I said that i knew my rights under consumer law, i had won an auction for an item for X amount when the RRP was much higher. A simple refund was not acceptable, it is the sellers responsibility to make sure they have the Item in stock.

My advice from anyone reading this, dont just roll over! especially if they are a big seller!

If you win an auction and the seller claims to have no Items in stock stick up for yourself! Essentially, if you win an auction you are not entitled to a refund, you are entitled to the value of what it would cost you ro replace the Item they claim not to have in stock (essentially RRP!)

[lyndal1838]

You were just very lucky that you were able to bamboozle the seller into giving you what you wanted.

Ebay is neither a traditional auction site nor a traditional retail site so traditional remedies do not apply.

But good luck to you for getting the seller to give you what you wanted.   I suspect you have also scored a few party invitations as well.

[janeababe]

---

@sarahw5501 wrote:

.

My advice from anyone reading this, dont just roll over! especially if they are a big seller!

If you win an auction and the seller claims to have no Items in stock stick up for yourself! Essentially, if you win an auction you are not entitled to a refund, you are entitled to the value of what it would cost you ro replace the Item they claim not to have in stock (essentially RRP!)

---

...you havent won this round until you have the items in your hands.

.............just saying 

[*tippy*toes*]

Unless the seller is a registered business in Australia, with an ABN, then consumer law doesn't apply. Doesn't matter how much you argue your "rights", it doesn't apply to non businesses. You got lucky (if they even bother to send it, which I wouldn't blame them if they didn't because they know they're going to probably get negged for their efforts regardless).

As for not being entitled to a refund from an auction, what planet are you on? If I buy something that's out of stock I want a refund.  I don't want a different item. If I'd wanted the other item I would have bought it. 

Welcome to lots of party lists. You're welcome. 

[glitterfriends]

Geezzz how frustrating !!! I'm pleased it all ended well - hopefully the freebies are fabulous!!

---

@sarahw5501 wrote:

Thanks for the message.

Here is how it panned out in the end if you are interested:

I told them that I would not accept a refund and they listened! I was able to select an Item from the store of the same RRP (not auction price as this was about 50% of RRP!) AND they threw in some free gear for my trouble.

I said that i knew my rights under consumer law, i had won an auction for an item for X amount when the RRP was much higher. A simple refund was not acceptable, it is the sellers responsibility to make sure they have the Item in stock.

My advice from anyone reading this, dont just roll over! especially if they are a big seller!

If you win an auction and the seller claims to have no Items in stock stick up for yourself! Essentially, if you win an auction you are not entitled to a refund, you are entitled to the value of what it would cost you ro replace the Item they claim not to have in stock (essentially RRP!)

---

[letscleanupmycupboards]

You are aware that even if a retailer has 10 of something in stock at a proper shop and even if you're standing right there waving a fist full of fifties at them and can see the item under the counter that they are still under no legal obligation to sell you that product. They don't have to give a reason. They can also ban you from said shop without a reason. So there's no reason to expect anything from an eBay seller.

I'd be interested to know what "rights under consumer law" you think you have in relation to a purchase you haven't made yet.