HelloI placed an order for flooring mate...

Asked by Taffy on 14-08-2022 22:06:34
Question posted in the Consumer Protection Law category relating to Gauteng


I placed an order for flooring material on an online website - material was on a promotional offer. At time of placing order, the online platform showed that there was sufficient stock. Payment went off my credit card. The online platform doesn't allow for processing of payment for items out of stock. Several days later, the retailer informs me they do not have stock, and that they had sold out before I placed my order just that there was stock discrepancy on their side. I asked if they could offer an alternative, I.e material of the same design, just on a different colour. They insisted on offering me a different product, but this product is nowhere near what I had ordered, in terms of size and colour scheme. They will only offer this because this is what is on promotion. I can not accept such material as it goes against the concept I had in mind as I placed my initial order.

what grounds to I have, as the retailers terms and conditions state that they reserve stock for payments that have been done, and that they have taken extra effort to ensure the information on their website is correct? Their terms and conditions also state that a sale of an item is a binding agreement -but it seems they are not living up to these terms and conditions. Their terms and condition do not state that promotional items can only be substituted by promotional items. 

Please advise?


Message from the Lawyer

Posted by Att. Patrick on 15-08-2022 14:44:44

Hi there,

I see that you haven't made a payment for the question, but I'm going to assist you a little. If you want to ask a follow-up question, please make the required payment, even if it is R150 or R200.

Can you refer me to the T&C for the online store?

Att. Patrick 

Please remember this is a dialog if you have follow-up questions please make the required deposit, then use the REPLY button and ask your further question. I would like to continue assisting you, but I need to concentrate on people who make deposits for their questions - they get serviced first!

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