Item Ran Out of Stock, Possible to Request for Same Item in Different Colour?

Himesama21 on 13/06/2017 - 15:54
Last edited 13/06/2017 - 17:20 by 1 other user

Hi fellow OzBargainers.

I have recently purchased a fitness tracker from Myer. It is a Misfit Ray ($139.95) discounted to $71.96. I purchased the item online and paid for it with my credit card (so money has been deducted from my account). Please note that the tracker that I purchased is Navy in colour.

After I have ordered the item, the website shows that the item is out of stock. Called customer service, the lady said their staff is still trying to locate the item. From experience, Myer is likely to offer a refund.

I would like to know if it is Consumer's Right to request for the same item but in a different colour (without having to pay extra for it). The same items in different colour (black, white and gold) are not on sale though.

Please kindly comment if you have any similar experience with Myer too? Thanks in advance!

Related Stores

MYER

• 

  scrimshaw on 13/06/2017 - 15:58

  +11

  There is no such consumer right to ask for a different coloured product and have the retailer honour the same price, even though though the gadget is the same, they are distinctively different products.

  You can only ask Myer's customer service team member but it's ultimately up to them how much they wish to charge you for a different coloured Misfit.

  • 

    [Deactivated] on 13/06/2017 - 17:32

    You are right that they do not have to honour a price for a different colour if requested by a prospective customer.

    In this case, monies have changed hands and a contract of sale has been made. The seller has marked the item as "in stock" at time of purchase, and has accepted payment. They must supply the product. If unable to, it is common practice to provide the consumer with a choice of a similar item (what can be more similar than the same item, same materials, in a different colour) or a refund. The choice is for the consumer to decide upon.

    https://www.accc.gov.au/consumers/sales-delivery/non-deliver…

    see also - Australian Consumer Law section 35 & 36.

    • 

      retiredfeline on 13/06/2017 - 17:35

      If unable to, it is common practice

      You said it yourself, they might offer you an alternative instead of a refund, but they don't have to.

      Why not just ask nicely and tell us later what happened instead of speculating?

      • 

        [Deactivated] on 13/06/2017 - 18:02

        It is common practice not because they don't have to, it is because it goes to mediation if the consumer wishes to take it further.

        The seller has a legal obligation to fulfil a contract of sale. They must provide the goods or services within reason. In this case, they have the goods in a different colour.

        Just because it is common practice to ignore the obligation to provide goods does not mean it is lawful.

      • 

        retiredfeline on 13/06/2017 - 18:05

        @tshow: I doubt if you have the grounds, because similar doesn't mean equivalent, so not a replacement. But do let us know how you go convincing the CSR, or taking it further. Worst thing that can happen is they refund your money and that's the end of your quest.

      • 

        [Deactivated] on 13/06/2017 - 18:09

        @greenpossum:
        Most probably the case when it goes to mediation.

        But similar can pass if the consumer agrees to the replacement.

      • 

        retiredfeline on 13/06/2017 - 18:17

        @tshow: Go ahead, do it and let us know, then we can use you as a precedent. Not president.

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  Qroozn on 13/06/2017 - 15:59

  +3

  You have the right to ask, but they do not have the responsibility to oblige.

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  bobbified on 13/06/2017 - 17:35

  -1

  Some colours are not as popular as others so they'll try make it more enticing by lowering the price - it looks like that's what they've done for this item.

  They're under no obligation to sell you a different colour at the lower price.

  Don't create a new thread here whinging about Myer if they refuse to sell you a different colour at the sale price. haha

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  foxmulder on 14/06/2017 - 10:30

  Myer may have used real time inventory so if you just order the last one then obviously it goes no stock after that. Did Myer confirm they have the stock that you order anyway? Maybe too early to ring them the soonest you order, best to allow a couple of days, but if urgent definitely call them up.