Misleading display prices

[rontocknell]

I recently popped into a local newsagent to buy some Sellotape. I saw some with dispencers included with the price of 84p marked on the rack (but not on each individual item). I took this to the till and was asked for £2.05! I pointed out that they were displayed at 84p but the assistant just shrugged and said it was wrong. The price was £2.05. Not prepared to pay that price for a roll of Sellotape... with or without a dispencer, I walked out and went into another newsagent a few yards along the road. There, they had them marked up at 99p. Took one to the till and was asked for £1.35. I took a deep sigh and explained that they were displayed at 99p. In this instance, the assistant acknowledged the error and agreed to sell me the item at the advertised price of 99p.

This is pretty petty, I know but, thinking about this, how often is Sellotape bought in isolation? It's normally sold along with wrapping paper, gift tags, maybe a greeting card etc. so shoppers may not notice that they're paying more than they expected for one item. Was this an error and is the fact that the SAME error occurred in two seperate shops a coincidence? Could this be a scam in normal practice? How many other items that are normally purchased along with other related items are misleadingly marked and what can be done to prevent this?

[diabolical]

It seems unfair, but I think no offence has occurred. According to case law, the display of items is an invitation to treat, the offer is when the items and payment are taken to the cashier, the acceptance is when the cashier exchanges the items for payment.

[recompense41]

Sometimes it's because the price has gone up and has been adjusted on the computer system but the display hasn't been updated. It's worth arguing that they should be sold at the price they're displayed at.

I always check my receipts very carefully especially when going to supermarkets. I often pick up reduced items and if the cashier is not careful the reduction is missed. On other occasions a 'buy one get one free' offer is displayed and it is not reflected on the bill.

[Curlyben]

While it is indeed an invitation to treat, the shop CANNOT charge MORE than the displayed price.
If it is price flashed stock, or otherwise marked, then that is the MAXIMUM price that can be charged for the item.

[gyzmo]

The shop can charge whatever they want for an item. The problem is in proving that it is misleading. A mistake is justifiable and understandable so long as it is brought to your attention. If there were other mispriced products, then I would say that there may be a case of deliberate misleading.

You could report the matter to consumer direct. If it has happened before (or if it happens again) the local Trading standards will have a record and can act on it.

[rontocknell]

Originally Posted by Curlyben

While it is indeed an invitation to treat, the shop CANNOT charge MORE than the displayed price.
If it is price flashed stock, or otherwise marked, then that is the MAXIMUM price that can be charged for the item.

I don't think this is law. It's a courtesy at the discretion of the shop management. Bearing in mind that a shop cannot be compelled to sell an item at all so obviously cannot be compelled to sell at the advertised price.

Since posting this, I had to go to the shops so I called in to see if the advertised price had been changed since the "error" was brought to their attention. Surprise surprise! No, it hadn't. Call me anal but I actually asked for the manager and brought it to her attention. I think if a shop continues to advertise an item at a lower price than is charged at the till after it has been brought to their attention, then an offence has occurred.

recompense41 certainly has the right approach. Most shoppers assume they will not be shortchanged or charged more than they are led to expect. I'm sure that many of these are errors but I'm equally sure that many are deliberate scams to entice you to take items to the till in the hope that discrepancies won't be noticed.

[blitz]

If a shop advertises a price they are not obliged to sell it at that price. (So if a sign said £1.00 for an item, they can still charge you £2.00). As posted above it is an offer to treat and can be refused with the shop then making an offer. However it does become an offense to then knowingly advertise the incorrect price once it has been brought to your attention, or if you know about it.

Essentially things can go wrong due to human error, and the law therfore accounts for this.

Most flashed stock will say RRP (RECOMMENDED retail price), though you would have to clearly label it up at a higher price to sell it (with either a notice, or a price sticker/sign)

At work, if the price difference is minimal we usually honor the price, but there are occasions either human error or not (like a 199 item being priced at 99) where such offers are refused. You do get customers down your throat and I have had to either fully withdraw items, or alert headoffice about problems.

With Argos though with price errors, if an error is incorrect in a flyer or catalogue as we cannot withdraw such items, we put bulletins up that must be read out that the price is incorrect. As at times its the earliest we can warn a customer.

[PriorityOne]

Originally Posted by Curlyben

While it is indeed an invitation to treat, the shop CANNOT charge MORE than the displayed price.
If it is price flashed stock, or otherwise marked, then that is the MAXIMUM price that can be charged for the item.

I have to agree with Curly on this one. I have always insisted on paying the displayed price and have to admit, have never had a problem.

I bought a combi-microwave fairly recently because it was an absolute bargain ! On unpacking it from the box however, I noticed that it was not a combi microwave at all... so I took it back. The assistant checked the code and found it to be correct one for the price, so I took him to the stand where they were being advertised.

He then said that it was clear that the prices had been placed under the wrong item... but as it was displayed like that, he had no choice but to sell it to me for that price by law... so they swapped it over.

As I was leaving the store, they rather hastily placed them under the correct products....

[Weird Al Yankovic]

Originally Posted by Curlyben

While it is indeed an invitation to treat, the shop CANNOT charge MORE than the displayed price.
If it is price flashed stock, or otherwise marked, then that is the MAXIMUM price that can be charged for the item.

Not the case.

Why not get somebody to take the first two digits off the sign on the roof of a new car, without being caught, then claim that the car is for sale for £999?

The garage will say it was a mistake and so does the law.

In any case I don't think the OP was asking about this but, rather, being overcharged for something you may never notice otherwise as you buy several items. And it's a good point.

[Zamzara]

OK, there seems to be some confusion here. Here's the situation as I understand it:

At common law, a price displayed is not an offer and the shop can refuse service.

However, various consumer protection statutes make it an offence for a shop to charge more than the price that they have displayed. The offence is only committed if the money is accepted: they have the option to refuse service if a mistake has been made and withdraw the item from sale for 24 hours.

If a customer changes the price as suggested above, then this is irrelevant as the shop did not put the wrong price on display.

[Weird Al Yankovic]

Originally Posted by Zamzara

OK, there seems to be some confusion here. Here's the situation as I understand it:

At common law, a price displayed is not an offer and the shop can refuse service.

However, various consumer protection statutes make it an offence for a shop to charge more than the price that they have displayed. The offence is only committed if the money is accepted: they have the option to refuse service if a mistake has been made and withdraw the item from sale for 24 hours.

If a customer changes the price as suggested above, then this is irrelevant as the shop did not put the wrong price on display.

Hardly irrelevant.

If the shop did or didn't put the wrong price on display the result would still be the same-the customer will not be able to buy it at that reduced price.

Go to Tesco tomorrow and change one £3.99 label at the front of the shelf for another at 29p. (Assuming nobody has seen you do it)

You will have no right to buy that item for 29p.

So what is the difference if Tesco genuinely made this mistake themselves? It is a mistake and nothing more.

The only time I can see an issue here is if a shop regularly misled people like this and it could be proven.

It is an urban myth.

[Weird Al Yankovic]

Put it another way.

If you see an item for sale a lot cheaper than what it really should be, and you attempt to buy it for that price, but the shopkeeper says, 'It was a mistake, now get out of my shop, you're barred.'

See how far you get with any complaint.

[PriorityOne]

Originally Posted by Weird Al Yankovic

Hardly irrelevant.

If the shop did or didn't put the wrong price on display the result would still be the same-the customer will not be able to buy it at that reduced price.

I'm not sure where you're coming from on this one... but I have done this several times in my life and never had a problem. Stores have never argued with me over it at all.

Go to Tesco tomorrow and change one £3.99 label at the front of the shelf for another at 29p. (Assuming nobody has seen you do it)

That is an entirely different thing... but if something has been labelled up incorrectly.... or scans incorrectly, such as clothing for example, then (in my experience) they will sell it to you at that price without a problem. You may have to stand your ground and I have been prepared to do that.... but have never really needed to.

You will have no right to buy that item for 29p.

So what is the difference if Tesco genuinely made this mistake themselves? It is a mistake and nothing more.

A mistake in our favour then.... and one they will (in my experience again) always honour.

The only time I can see an issue here is if a shop regularly misled people like this and it could be proven.

It is an urban myth.

Sorry, but it's not.

[Curlyben]

OK here's what TS has to say about it all: Trading Standards Central - Trading Standards and Consumer Protection information for the UK

Basically the price on or near the product is the price you pay.
Simple really.

There is a onus on the customer to watch for pricing errors, but if challenged then the shelf /ticket price is the one that must be applied.

More information available here: Special rules for retailers | Business Link

[PriorityOne]

Thought as much.... although I've only gone on what my Mother always told me .

Combi oven, a mobile' phone, incorrect printing in a catalogue, clothing in shops, food.... the list goes on. Like I said, I've NEVER had a problem whatosever.