Jump to content

 

BankFodder BankFodder


Smackbat

Refusing to sell at advertised price

style="text-align:center;"> Please note that this topic has not had any new posts for the last 3735 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi, I was in Sole Trader yesterday and wanted to buy a pair of shoes. The pair I chose were on display at £44.99, however when I got to the till they wanted £54.99. I said to the lady at the time that you have to sell at the advertised price, and her reason for not doing so was because it didn't have a sticker on it.

 

I argued that the law states you have to abide by the advertised price, however she wasn't going to agree. Eventually I took her name, position, and details of the shoe and said I would complain to the Office of Fair Trading. During which time she changed the tag on the shelf to show £54.99.

 

Do I have a case for complaint?


<(o.o)> Smackbat

 

:) Smile.co.uk - £4,400 WON 12/10/06

:)Smile.co.uk - £156 WON Feb 07

:)Smile.co.uk - £280 WON 25/06/07

:mad: Egg PLC - £3,420.72 - Defence filed 24/06/07

:? Alliance & Leicester - DPR Request sent

:? Woolich PLC - To Start

Share this post


Link to post
Share on other sites

The shop can legally refuse to sell an item at a marked price if it's the wrong price. The shop need to make the change straight away or even have to remove i from sale for 24 hours. However i would still mention it to the head office and Trading Standards but i don't know what good it would do.


Cases won.

 

Littlewoods, Moorecroft,Nationwide £923.12 written off

 

CapQuest Debt Recovery

£687.34 written off OH

Reliable Collections

£2076.11 too be written off OH

 

Egg

£317.38 Charges paid back and cheque for £250.64 p for myself

 

If i have been any help to you tip my scales

Share this post


Link to post
Share on other sites

There is no legal right to have the shoes at the advertised price. The price is an invitation to offer in contract law - it is not acceptance.

 

That said, I would still mention it to Trading Standards - not a lot they will do, but might as well notify them.


7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

Share this post


Link to post
Share on other sites

As she changed the price as soon as it was made aware, no offence has taken place. The law takes into account for human error (when putting tickets out etc), and a shop never has to sell a shop for a certain price (they can still sell the product for the higher price if you were made aware and accepted this price).

 

As the shop were obviously not trying to mislead you (they rectified their mistake) TS and even OFT won't do anything.


Ex-Retail Manager who is happy to offer helpful advise in many consumer problems based on my retail experience. Any advise I do offer is my opinion and how I understand the law.

Share this post


Link to post
Share on other sites

Sorry to bring up an old thread but I have been through something similar recently. I have ACTUALLY bought two Hardrives from the internet with my card over christmas. Suddenly I get an email saying its been refunded as the price was wrong.

 

I understand they can refuse to sell at advertised price, but these people took my money, sent confirmation and THEN after a few days emailed me.

 

Do I have any ground to stand on? If so can someone please state the laws so I can understand?

 

Thanks

Share this post


Link to post
Share on other sites

Internet sites will usually have it in their T&Cs that the contract will only be formed on despatch of the goods, precisely because mistakes can and do happen on websites. When you purchased the goods, you agreed to their T&Cs, including when the contract would be formed, so if they realised their mistake before sending the goods, then no, you don't have a leg to stand on.

Share this post


Link to post
Share on other sites
Internet sites will usually have it in their T&Cs that the contract will only be formed on despatch of the goods, precisely because mistakes can and do happen on websites. When you purchased the goods, you agreed to their T&Cs, including when the contract would be formed, so if they realised their mistake before sending the goods, then no, you don't have a leg to stand on.

 

Personally I think this construction is impossible, as then the term itself would have no standing since no contract was made. Acceptance is defined by case law not what one party states amounts to acceptance. And if there were no contract, on what basis could they take payment?


Post by me are intended as a discussion of the issues involved, as these are of general interest to me and others on the forum. Although it is hoped such discussion will be of use to readers, before exposing yourself to risk of loss you should not rely on any principles discussed without confirming the situation with a qualified person.

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...