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What You See is What you Pay?
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27-08-2008 12:00pm#1
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As it was the only one marked wrong it's at their own discretion to give it to you at the incorrect marked price.
whether it was the only one marked wrong or not doesn't make any difference, they don't have to sell it at the marked price
the second time i've posted this in three days
http://en.wikipedia.org/wiki/Invitation_to_treatA shop owner displaying their goods for sale is generally making an invitation to treat (Pharmaceutical Society of Great Britain v Boots Cash Chemists [1953] 1 QB 401). They are not obliged to sell the good to anyone who is willing to pay for them, even if additional signage such as "special offer" accompanies the display of the good. (But see bait and switch.) This distinction was legally relevant in Fisher v Bell [1961] 1 QB 394, where it was held that displaying a flicknife for sale in a shop did not contravene legislation which prohibited offering for sale such a weapon. The distinction also means that if a shop mistakenly displays a good for sale at a very low price it is not obliged to sell it for that amount [1].0 -
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Doesn't anyone remeber the ads on TV with the woman saying "the price you see is the price you pay?" This is what really confused me. I was sure that this was the law. I've worked in retail before and when something like this has happened, we've always changed the price for the customer. I'm just going to stop buying stuff and not make a fool of myself anymore
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Doesn't anyone remeber the ads on TV with the woman saying "the price you see is the price you pay?" This is what really confused me. I was sure that this was the law. I've worked in retail before and when something like this has happened, we've always changed the price for the customer. I'm just going to stop buying stuff and not make a fool of myself anymore
but if you think about it...
you walk into a shop.
See something marked for 2000 euro, and something marked for 5.
You swap the two tags around and no one sees you. You try to purchase the dearer item.
Shoul you get it?
Invitation to treat is there to protect retailers in situations like this (And yes, it does happen, and has happened to me.)0 -
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No, I'm not an arsehole. I never mentioned that the customer is always right or that I knew my rights, because I clearly didn't. The advert I saw coupled with previous retail experience confused me, but the insinuation that I had changed the sticker made me want to fight it despite not being an argumentative sort of person.
There seem's to be an attitude here towards issues like this that people who recall this advert or take this stance are nothing but fools. Yes, we are confused and uninformed, but not fools. You can't blame someone for becoming irritated when trying to purchase something only for this to happen, I'm sure all of you would have been disappointed. The advert I mentioned really didn't clarify issues like this, and I'm sure that's what it attempted to do - educate people. Can anyone remeber who made this advert?
The NCA are always making vague, undefined ads. Every Christmas they run a campaign which says "shops which tell you they don't give refunds are breaking the law." Which is true, given certain circumstances, a shop legally should give a refund.
But the nebulous nature of the ad leads to shop assistants spending the entire of January explaining "Shops which tell you they don't give refunds are breaking the law" is NOT the same thing as "you are entitled to a refund on anything if you ask."
Sorry if people seem a bit aggressive here, but you do get plenty of people shouting "I know my rights" when they don't. 0 -
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there is more to it than that, you're right. retailers are required to display prices and can be fined for not displaying them but that's a matter for the shops and the courts, they don't have to sell to customers at the displayed price
That's maybe why some shops accept the price it was displayed at so they aren't brought to court??? I worked in Dunnes years ago and I was told that if an item was priced incorrectly the customer must get the item at the price marked (and my manager said because if the item was priced incorrectly they were actually entitled to it free due to misleading advertising). But that's all wrong. I have a feeling the OP was told a similar story maybe???
Well least we all know the law now. 0 -
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Join Date:Posts: 26417
That's maybe why some shops accept the price it was displayed at so they aren't brought to court??? I worked in Dunnes years ago and I was told that if an item was priced incorrectly the customer must get the item at the price marked (and my manager said because if the item was priced incorrectly they were actually entitled to it free due to misleading advertising). But that's all wrong. I have a feeling the OP was told a similar story maybe???
Well least we all know the law now.
This was most likely store policy or a dumb manager, Tesco for example will give you an item for free if its charged higher then what its market on the shelf (more info on their site)
They don't have to do this according to ANY law but they do it out of company policy.0 -
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I think this is misleading since there is a legal obligation to display the correct price under the consumer protection act 2007 but a mistake is an exception. An offender can be prosecuted/fined by the National Consumer Agency.
fair point, but who does the burden of proof lie with?
but a slight difference in the wording of my answer, which is what i was referring toThats a big difference under law.
for all intents and purposes, from a customer point of view, if a price is wrong and the retailer informs you at the POS then you will generally end up paying that price if you choose to complete the transaction.
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what i would like to see is a some sample cases or test cases that show situations where a consumer has purposely been misled about the price of an item so that consumers such as the OP are more aware of the situations that can arise in which they would be entitled to complain0 -
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Well if anything this event has opened my eyes alot and atleast I have better knowledge of the law and my rights. I emailed the store afterwards and apoligised for being a muppet and recieved a response not long afterwards so I was happy with that, probably shouldn't have taken things so personally 0
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