Hmm, It says both actually:
I remember seeing the in stock status before, just not the Pre-Order thing.
They might have run through most of their stock and it's now shifted into pre-order for a second shipment.
I do remember the guy at Monkey Depot saying they were in stock.
If you want one now, you could just call Monkey Depot and ask if they have any available to ship now.
It's not unheard of for Sideshow to send out a few samples to a few select people early so they can review it.
I'm pretty sure that Bantar is correct. It's confusing, but I think it just means that they haven't sold all of their pre-order allocations yet. I don't think anyone has them in stock and for sale yet, just a couple for reviews apparently were sent out.