False advertising? Sale advertised but out of stock

Laurenlauren on 24/05/2016 - 23:58

I'm not too familiar with these things so I'm hoping someone here can help.

Babies r us have a carseat advertised on the front page of their catalogue as being half price on sale. I've been calling around stores since the sale started and no one has them in stock.

I recently asked for a raincheck and was told that they're not getting any more stock as it is a clearance colour.

Correct me if I'm wrong, but I recall hearing something about a store having enough stock to reasonable satisfy expected demand when they advertise an item.

I would like to buy the carseat in a different colour at sale price - do I have a leg to stand on?

General Discussion

Related Stores

Toys R Us
Toys R Us

Comments

  • Almost Banned on 25/05/2016 - 00:25
    +2

    You recall correctly. The ACL says that advertised items must be available in reasonable quantities (unless otherwise specified).
    Now, the real problem is, how are you going to enforce your consumer rights?

  • Rashed on 25/05/2016 - 01:42

    Bait advertising and the ACL

    Firstly, s 35(1) prohibits a person who is involved in trade and commerce to advertise goods or services for supply at a specified price if:

    · there are reasonable grounds for believing that the person will be unable to offer the goods or services at that price for a period that is, and in quantities with regards to:

    o the nature of the market in which the person carries on the business; and

    o the nature of the advertisement and the person ought to have been aware of those grounds.

    Under the s 35(1) provisions, the element of intent does not need to be shown if a person had reasonable grounds, or ought to have been aware on reasonable grounds, that they would be unable to comply with the advertisement.

    Furthermore, the bait advertising provisions also places an obligation on a person who is involved in trade or commerce, to supply the goods or services at the advertised price for a reasonable period of time and in reasonable quantities in regards to goods, as outlined in s 35(2), whilst having a regard to the nature of the market in which the person carries on business, and the nature of the advertisement.

  • Rashed on 25/05/2016 - 01:43

    A person who is found to be contravening the s 35(1) provisions of the ACL, can face the following civil pecuniary penalties:

    $1.1 million for a body corporate;
$220,000 for other persons.

    The courts can also issue: undertakings; substantiation notices; public warning notices; infringement notices; injunctions; damages; compensatory orders; orders for non-party consumers; non-punitive orders; adverse publicity orders; orders disqualifying a person from managing a corporation; and orders for preservation of property.

    A person in breach of the bait advertising provisions may also face criminal liabilities under s 157 of the ACL, with the maximum penalty of $1.1 million for a body corporate and $220,000 for any other person which can be imposed by the court.

    Because of the potential detriment of bait advertising, s 157 does not consider intent when determining whether a person has committed an offence and is reflected in the Second Explanatory Memorandum, which states:

    “The strict liability nature of this offence reflects the potential for widespread detriment, both financially for individual consumers and for its effect on the market and consumer confidence more generally, that can be caused by a person that breaches this provision, whether or not he or she intended to engage in the contravention.”

  • Ughhh on 25/05/2016 - 02:27

    When did the sale begin and when does it end?

    • whooah1979 on 25/05/2016 - 06:27

      When did the sale begin and when does it end?

      .

      Maxi Cosi Hera A4 Convertible Car Seat Biscotti

      $249.99
      BuyFind Store
      Starts Wed, 11 May. 2016 - Ends Tue, 31 May. 2016
      ViP Club Price. Half price. Suitable from birth to 4 years (approx). #702549. Install by using ISOFIX or standard installation. Air bag technology with Air protect

      • ESEMCE on 25/05/2016 - 10:01
        +2

        So it's perfectly reasonable that 14 days after the start of the promo, they have run out of stock..
        Even if they'd run out of stock on the 12th it would be the same story.

        • spackbace on 25/05/2016 - 10:25

          And trying to prove there is no stock Australia-wide would be a tough ask.

        • tomsco on 25/05/2016 - 11:02

          The OP originally called on the 1st day of the sale.

        • Laurenlauren on 25/05/2016 - 14:39

          They had run out of stock online on the 11th and in stores.

        • whooah1979 on 25/05/2016 - 15:53

          @Laurenlauren:

          They had run out of stock online on the 11th and in stores.

          this happens all the time with aldi specials and masters clearance items.

  • eatwell365 on 25/05/2016 - 06:15

    The same situation for the Repco in Hornsby NSW. Every time where there is a catalogue sale on an item (e.g on half price), they do not have them on the shelves. To test it, I go there when they open, as the sale date starts. This happens several times. I ask the staff (normally same staff) where the sale stock. Either the staff say "we don't have""it's sold out". I ask "how is it possible when the sale starts this mnrning now and today when it opens". The sncker replies with a blank face "the stock has not come in". WTF and I will never go to the Repco when there is a sale, at least not in the Hornsby store.

    Is it worth to waste my time to complain to ACL because I don't get a discount? No.
    Should someone make a complaint? Yes because the sncker deserves it.
    How to pursuit? My plan can be wrong but this is to what I will do.

    Get there when the sale starts - document store and time, ask staff for stock, take photo if no stock. Leave number if stock will come in. Revisit and document during the sale. Repeat on several items. Put all evidence and forward to ACL and store in writing to make a formal complaint and ask for explanation.

  • Limitless on 25/05/2016 - 07:49
    +1

    From the above comments it looks like the sale started last week. If you called around on day 1 with no luck i would have called head office immediately asking if there was stock in your state.

  • humdingaling on 25/05/2016 - 10:36

    nevermind i should learn to read

  • Laurenlauren on 26/05/2016 - 08:31
    +2

    So I spoke with consumer affairs Vic and they advised that I should write a letter outlining what I wanted from babies r us and a date by which I want it. If that doesn't happen, then I can call consumer affairs back and go from there.

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