An online retailer was selling electric bikes through his online shop. Within the framework of the order process, the following text was displayed to a test customer (here a competitor's attorney) when ordering a bicycle of the model "XY 2014" (2014 for the model year): “Only a few copies in stock, delivery time 2-4 workdays."
The attorney of the other shop completed a test order of this bike. Immediately after completion of the order, he received an order confirmation with the request to transfer the purchase price. A short time (about 45 minutes) afterwards, the lawyer received a mail from an employee of the online shop:
"Good afternoon, Mr C,
We currently do not have the ordered wheel, we get the 2015 model in January. How should we act?
Kind regards
The online shop had sold the last bike of this model 4 days before to another customer, who had already paid for it completely.