Holland and Barrett

MrSausage

I made a purchase on this website last week, and luckily the item I wanted was advertised as €0.00. I basically paid for postage and that was all.

This morning I recieve an email saying:

"The price of these is 49.99 do u wish to keep the order?"

I replied saying that I bought at the advertised price, which was 0. The reply I recieved was:

"This was a mistake on the website we cannot send these items for free unfortunately. "

Where do I stand here?

cookie1977

I dont think you stand anywhere as mistakes are allowed to happen and they dont have to sell it to you at that price. You're entitled to pay 0 but they dont have to sell it to you for 0

noodler

MrSausage wrote: »

I made a purchase on this website last week, and luckily the item I wanted was advertised as €0.00. I basically paid for postage and that was all.

This morning I recieve an email saying:

"The price of these is 49.99 do u wish to keep the order?"

I replied saying that I bought at the advertised price, which was 0. The reply I recieved was:

"This was a mistake on the website we cannot send these items for free unfortunately. "

Where do I stand here?

Legally you are nowhere.

A little bit of cop-on would have saved you the bother of a thread though.

MyKeyG

noodler wrote: »

A little bit of cop-on would have saved you the bother of a thread though.

A bit harsh. Not everyone is familiar with the invitation to treat/offer process. Besides there's nothing wrong with highlighting a company's idiotic mistake. It was marked at 0.00 at the end of the day.

SteelyDanJalapeno

Silly OP deserves silly responses

peanuthead

I think some of the posts here are extremely uncalled for.

There are a few forums here which people use when they don't have the knowledge they require to properly assess a decision. Legal Discussion is one and Consumer Issues is another.

I wouldn't have known exactly where the OP stands legally here, as if the same were to happen in a bricks and mortar store afaik they HAVE to honour the price on the label. I say afaik as it once happened to me and I got it for the price on label, don't know if the woman was being nice or not.

Does that mean I too lack cop-on and am silly? Just because I'm not as well versed in my rights as a consumer as noodler and TiltedBrain?

Nice usernames by the way.

'a bit of cop on' and 'silly' is just plain insulting and very condescending

noodler

peanuthead wrote: »

I think some of the posts here are extremely uncalled for.

There are a few forums here which people use when they don't have the knowledge they require to properly assess a decision. Legal Discussion is one and Consumer Issues is another.

I wouldn't have known exactly where the OP stands legally here, as if the same were to happen in a bricks and mortar store afaik they HAVE to honour the price on the label. I say afaik as it once happened to me and I got it for the price on label, don't know if the woman was being nice or not.

Does that mean I too lack cop-on and am silly? Just because I'm not as well versed in my rights as a consumer as noodler and TiltedBrain?

Nice usernames by the way.

'a bit of cop on' and 'silly' is just plain insulting and very condescending

If you thought you had a legal right to something because it was advertised at a price of zero then you aren't just "not as well versed" in your legal rights as the rest of us.

CIARAN_BOYLE

peanuthead wrote: »

I wouldn't have known exactly where the OP stands legally here, as if the same were to happen in a bricks and mortar store afaik they HAVE to honour the price on the label. I say afaik as it once happened to me and I got it for the price on label, don't know if the woman was being nice or not.

Being nice. Or trying to avoid a scene. Some stores (Superquinn for example) make a point of always selling at label price even if its a mistake.

OP did you get an Invoice straight away after ordering with the price down as 0. If so you can claim that the advertised price was an invitation to treat you went through their checkout process making an offer and they send and invoice out as acceptance which means its a valid offer. If they didn't send an invoice with the price at 0 then they didn't accept the offer which means they don't have to honor it.

noodler

CIARAN_BOYLE wrote: »

Being nice. Or trying to avoid a scene. Some stores (Superquinn for example) make a point of always selling at label price even if its a mistake.

OP did you get an Invoice straight away after ordering with the price down as 0. If so you can claim that the advertised price was an invitation to treat you went through their checkout process making an offer and they send and invoice out as acceptance which means its a valid offer. If they didn't send an invoice with the price at 0 then they didn't accept the offer which means they don't have to honor it.

Just about every online retailer I have ever used makes it quite clear that the email you recieve after making an order is not the formation of a contract.

Merely an acknowledgement that they recieved your order.

dudara

TiltedBrain wrote: »

Silly OP deserves silly responses

It was hardly a silly question, and it's one that pops up here quite frequently.

If you don't have a constructive answer to share, then please don't post.

dudara

noodler

dudara wrote: »

It was hardly a silly question, and it's one that pops up here quite frequently.

If you don't have a constructive answer to share, then please don't post.

dudara

You are being a bit general there, most post are genuine and ask if a product has to be sold at the lower advertised price.

A question like this is not a consumer issue.

MyKeyG

noodler wrote: »

Just about every online retailer I have ever used makes it quite clear that the email you recieve after making an order is not the formation of a contract.

Merely an acknowledgement that they recieved your order.

I recently made a purchase with ticketmaster and they sent a receipt straight away. At no point did they stipulate that no contract was made. The only stipulation they did have was that as a second party they could not be held responsible for any changes made by Rabo Pro12. In the OP's case the company, the primary party, admitted to making a mistake. I think he should kick up all the fuss he can.

noodler

MyKeyG wrote: »

I recently made a purchase with ticketmaster and they sent a receipt straight away. At no point did they stipulate that no contract was made. The only stipulation they did have was that as a second party they could not be held responsible for any changes made by Rabo Pro12. In the OP's case the company, the primary party, admitted to making a mistake. I think he should kick up all the fuss he can.

Yeah well, thats one of the reasons you haven't a clue.

MyKeyG

noodler wrote: »

Yeah well, thats one of the reasons you haven't a clue.

Do you really need to be so argumentative, condescending and undignified? Are you just having a bad day or is it a feature of your personality in general?

noodler

MyKeyG wrote: »

Do you really need to be so argumentative, condescending and undignified? Are you just having a bad day or is it a feature of your personality in general?

You are giving poor advice. Come on, what kind of fuss should he kick up because a blatant mistake was made when the OP tried to chance his arm and get free goods?

What possible good could come from him wasting his time and kicking up a fuss?

MyKeyG

noodler wrote: »

You are giving poor advice. Come on, what kind of fuss should he kick up because a blatant mistake was made when the OP tried to chance his arm and get free goods?

What possible good could come from him wasting his time and kicking up a fuss?

Look it can be argued that the OP should have reasoned it was a mistake I'm not contradicting that but there's many a person who's been in a bricks & mortar shop and insisted on the price advertised. While they weren't entitled to it, the shop often concedes as a goodwill gesture. That's what kicking up a fuss does.

H&B I have no doubt will not offer the product at 0.00 but a gesture for the sake of customer retention would not go amiss. I certainly do have a clue but my reasoning comes from my experience in the practical side of retail as opposed to the letter of the law which you seem to be so hung up on.

MrSausage

CIARAN_BOYLE wrote: »

OP did you get an Invoice straight away after ordering with the price down as 0.

Wow,
thanks for the replies, and apologies for my lack of legal/consumer expertise to all who find my post offensive and silly.

I recieved an order confirmation with the price as 0. But spotted this just now at the end

"[FONT=arial,helvetica]Rewards for Life Points are awarded for online purchases and will be added to your account once your entire order has been shipped to you. The content of this e-mail does not constitute a contract and any matters discussed herein remain subject to contract.

[/FONT][FONT=arial,helvetica]Guess that answers the question[/FONT][FONT=arial,helvetica].
[/FONT]

MyKeyG

MrSausage wrote: »

Wow,
thanks for the replies, and apologies for my lack of legal/consumer expertise to all who find my post offensive and silly.

I recieved an order confirmation with the price as 0. But spotted this just now at the end

"[FONT=arial,helvetica]Rewards for Life Points are awarded for online purchases and will be added to your account once your entire order has been shipped to you. The content of this e-mail does not constitute a contract and any matters discussed herein remain subject to contract.

[/FONT][FONT=arial,helvetica]Guess that answers the question[/FONT][FONT=arial,helvetica].
[/FONT]

Not trying to rattle peoples cages but the point I've been trying to make all along is that in retail the legalities are often overlooked by a store for the sake of good customer relations. I think a properly worded letter might result in some form of credit or at the very least ensure they don't make the same mistakes again. I don't agree on-line stores should benefit where bricks & mortar stores often do not just because you can't confront them personally.

Just my two cents. People can claim it as poor advice if they wish.

dudara

noodler wrote: »

You are being a bit general there, most post are genuine and ask if a product has to be sold at the lower advertised price.

A question like this is not a consumer issue.

I see it as a valid Consumer Issue - this forum is as much about education as it is about dealing with specific issues.

As a moderator, you learn to leave a wide range of questions open, ranging from what appears blindingly obvious to those that are more detailed. To the educated users of our forum, this question would appear straightforward, however, it was a concern for the OP, and therefore should not be dismissed out of hand.

dudara

RoboRat

I just hate people who spot a mistake, be it technical or clerical/shop floor and when its copped then start looking for compensation or where they stand legally. Fair enough, chance your arm but if its copped then drop it and stop whinging. Mistakes are made, get over it. I can't stand this compo culture that expects something or makes a meal of a small error... mistakes happen in all industries and at some stage by EVERYONE.

The answer is in this situation is that you stand nowhere. If it was priced incorrectly and you actually paid a lesser amount than you should have, then you could have a case to argue depending on if the contract of sale was made, but the fact that it cost nothing you are not entitled to anything (and rightfully so). You didn't pay (except for delivery) and if you didn't pay, then you didn't buy which is the difference between a Sale and a Giveaway.

You can return the product and get your money back so my advice is to do that if you feel so aggrieved by the fact that you were actually charged for the product.

MrSausage

RoboRat wrote: »

I just hate people who spot a mistake, be it technical or clerical/shop floor and when its copped then start looking for compensation or where they stand legally. Fair enough, chance your arm but if its copped then drop it and stop whinging. Mistakes are made, get over it. I can't stand this compo culture that expects something or makes a meal of a small error... mistakes happen in all industries and at some stage by EVERYONE.

The answer is in this situation is that you stand nowhere. If it was priced incorrectly and you actually paid a lesser amount than you should have, then you could have a case to argue depending on if the contract of sale was made, but the fact that it cost nothing you are not entitled to anything (and rightfully so). You didn't pay (except for delivery) and if you didn't pay, then you didn't buy which is the difference between a Sale and a Giveaway.

You can return the product and get your money back so my advice is to do that if you feel so aggrieved by the fact that you were actually charged for the product.

I am not looking for compensation. I bought as advertised, and why not? I wanted the product. A mistake was made, I asked a question, got the answer I needed and thats final as far as I am concerned. Does asking a valid question make me guilty of "compo culture" From some of the smart assed replies I am seeing here, if I was a 1st time poster needing genuine advice I would stay the hell away from this forum. BTW this is not directed totally at you.

MrSausage

noodler

MrSausage wrote: »

I am not looking for compensation. I bought as advertised, and why not? I wanted the product. A mistake was made, I asked a question, got the answer I needed and thats final as far as I am concerned. Does asking a valid question make me guilty of "compo culture" From some of the smart assed replies I am seeing here, if I was a 1st time poster needing genuine advice I would stay the hell away from this forum. BTW this is not directed totally at you.

MrSausage

Well good.

It would leave more room for actual "consumer issues".

dudara

noodler - Please leave the moderating to the moderators.

dudara

cookie1977

Good god. When did it become a crime punishable by death to ask a question on a public forum? The op asked about an issue they didn't know the answer to and seemed quite happy with the response, an in fact figured it out themselves. It's great to know there's so many people out there with that knowledge pre formed. I hope when they have a question they dont know the answer to that they will be treated with more respect then they seem to treat others.

RoboRat

MrSausage wrote: »

I am not looking for compensation. I bought as advertised, and why not? I wanted the product. A mistake was made, I asked a question, got the answer I needed and thats final as far as I am concerned. Does asking a valid question make me guilty of "compo culture" From some of the smart assed replies I am seeing here, if I was a 1st time poster needing genuine advice I would stay the hell away from this forum. BTW this is not directed totally at you.

If you are not looking for something then why did you ask where you stood? Asking a question does not make you guilty of the compo culture but seeing as you paid nothing for it why would you need to ask?

Holland and Barrett are a retail business, like all retail businesses they need to make a profit to survive. They have to pay for stock so therefore they need to sell that stock at the price the bought it at plus VAT and markup to ensure they generate enough profit to stay in business and can cover their expenses. It doesn't take a genius to work out that 0 is a misprice so as I said earlier, try and get and if you do, then happy days. If you don't then why do you feel the need to come on here to see where you stand if you are not looking for some kind of compensation?

MyKeyG

RoboRat wrote: »

If you are not looking for something then why did you ask where you stood? Asking a question does not make you guilty of the compo culture but seeing as you paid nothing for it why would you need to ask?

Holland and Barrett are a retail business, like all retail businesses they need to make a profit to survive. They have to pay for stock so therefore they need to sell that stock at the price the bought it at plus VAT and markup to ensure they generate enough profit to stay in business and can cover their expenses. It doesn't take a genius to work out that 0 is a misprice so as I said earlier, try and get and if you do, then happy days. If you don't then why do you feel the need to come on here to see where you stand if you are not looking for some kind of compensation?

Well now you're just accusing him of something he didn't do. He came on here to find out his legal rights, not to find out ways to hamstring a company out of their profit. I suggested that while he wasn't entitled to it he should kick up a fuss to get something.

I think you're making this a lot more complicated than it needs to be, one can only imagine why.

RoboRat

Well now you're just accusing him of something he didn't do. He came on here to find out his legal rights, not to find out ways to hamstring a company out of their profit. I suggested that while he wasn't entitled to it he should kick up a fuss to get something.

Actually I didn't accuse him of anything, I asked a question, a pointed question, but a valid question IMO.

He went to buy something, seen it was 0 and tried to buy it. The order went through, H&B copped it and mailed him back to let him know the price was 49.99, He then asked why he could not BUY it at the advertised price of 0 (the reason I highlight buy, is that he did not buy - the definition of buy is to obtain through exchange of currency). They replied that it was a mistake and that it wasn't available for nothing.

Now, why come on here to ask where you stand? The only reason is to (a) get them to give it to you for nothing as advertised, (b) get a discount or (c) get some kind of voucher/compensation. All of which are in some way a form of compensation. If the poster can give me any other reason than the above, then I apologise wholeheartedly but please let me know what your motives actually were? I honestly can't see why someone would as you say 'come on here to find out his legal rights' if they are not looking for some kind of monetary sweetener..if they are looking for a written apology then surely a mail to their customer service department would have taken care of that.

I think you're making this a lot more complicated than it needs to be, one can only imagine why.

I'm not making it complicated at all, I'm just posting an opinion which I feel deep down is the root of the initial complaint. If the OP wants to add to this and show me that I'm wrong then so be it, but I honestly can't see how I'm wrong.

MyKeyG

RoboRat wrote: »

Actually I didn't accuse him of anything, I asked a question, a pointed question, but a valid question IMO.

He went to buy something, seen it was 0 and tried to buy it. The order went through, H&B copped it and mailed him back to let him know the price was 49.99, He then asked why he could not BUY it at the advertised price of 0 (the reason I highlight buy, is that he did not buy - the definition of buy is to obtain through exchange of currency). They replied that it was a mistake and that it wasn't available for nothing.

Now, why come on here to ask where you stand? The only reason is to (a) get them to give it to you for nothing as advertised, (b) get a discount or (c) get some kind of voucher/compensation. All of which are in some way a form of compensation. If the poster can give me any other reason than the above, then I apologise wholeheartedly but please let me know what your motives actually were? I honestly can't see why someone would as you say 'come on here to find out his legal rights' if they are not looking for some kind of monetary sweetener..if they are looking for a written apology then surely a mail to their customer service department would have taken care of that.

Yes no one is disputing that he came looking to see if there was a legal loophole that would afford him the product for free, or at least cheaper, what's wrong with that? More power to him!
However at no point did he mention pursuing the case of compensation for being inconvenienced. If he was entitled to benefit from the mistake above board to the letter of the law then so be it. I was the one who said he was entitled to nothing yet he should still pursue it so you're putting my words in his mouth.

You don't seem to be able to tell the difference between someone asking what they're entitled to and what they should push for when it comes to matters like this. I've been on the receiving end of a price marked wrong many a time in the retail industry and I wouldn't hesitate to encourage people to take advantage of a mistake. That may seem unfair to you but that's the real world.

I'm not making it complicated at all, I'm just posting an opinion which I feel deep down is the root of the initial complaint. If the OP wants to add to this and show me that I'm wrong then so be it

It's not your opinion people have an issue with it's how you presented said opinion which was very rudely indeed.

but I honestly can't see how I'm wrong.

Well that I can believe! I bet you never have and I bet you never will. In any case I'm done arguing with you since you can't seem to be able to see beyond your own ego.

Mikey has left the thread:D

RoboRat

Yes no one is disputing that he came looking to see if there was a legal loophole that would afford him the product for free, or at least cheaper, what's wrong with that? More power to him!
However at no point did he mention pursuing the case of compensation for being inconvenienced. If he was entitled to benefit from the mistake above board to the letter of the law then so be it. I was the one who said he was entitled to nothing yet he should still pursue it so you're putting my words in his mouth.

I'm not putting words into his mouth. You reacted to my initial post and seem to have come to some mad conclusion. I said in my initial post:

I just hate people who spot a mistake, be it technical or clerical/shop floor and when its copped then start looking for compensation or where they stand legally. Fair enough, chance your arm but if its copped then drop it and stop whinging. Mistakes are made, get over it

I still stand by this, why go looking for where you stand legally when they mailed you back with a perfectly reasonable explanation as to the problem. The said the price was 49.99 and he asked why he couldn't BUY it for 0.

You don't seem to be able to tell the difference between someone asking what they're entitled to and what they should push for when it comes to matters like this.

I most certainly can, like I said in my first post - If its a misprice and you pay less than what the actual cost is then you have every right to question it. If its clearly an error, chance your arm but why start looking for 'where you stand' when they cop it, accept it and move on.

I've been on the receiving end of a price marked wrong many a time in the retail industry and I wouldn't hesitate to encourage people to take advantage of a mistake.

And I used to work in retail advertising and I had to put up with Gob****es that won't let something drop because they have never made a mistake in their life. Mistakes happen, products get mispriced, breakdown in communication happen... you are not ENTITLED to anything if its displayed wrong - its an invitation to tender and not a contract. When you have to deal with multiple fools who get up on their soapbox and waste your time, try and not get annoyed.

It's not your opinion people have an issue with it's how you presented said opinion which was very rudely indeed.

Errr OK?

Well that I can believe! I bet you never have and I bet you never will.

Good man, you know me so well from our brief encounter on a message board.

Mikey has left the thread

Aw no, please come back... pretty please with glace cherries on top..

maxer68

Here's my 2cent.

Proper enough OP, but may have rattled somone's cage by saying he/she emailed back to H&B saying they wanted to buy it at the advertised price of 0.

In the terms & conditions of all decent online sites will be the condition that no contract is deemed to have taken place until the goods are shipped. This will cover all aspects of mis pricings.

But then you get some posters with the infamous AFAIK rubbish that makes these threads useless altogether. Claiming that AFAIK legally a shop must do this or must do that when it is utter rubbish. Then someone calls into a retailer repeating this and no-one wins.

In an extreme case, I had someone try and purchase 1000 items that had a zero value but for which a pre-paid voucher code had to be entered. (very clearly stated) This eejit then claimed that I had to deliver the goods to him and claimed he had got a solicitor to confirm this. Then threatened to go to joe duffy and plaster it all over places such as boards. He continued for a further 3 days with threats of all sorts, so I passed it on to local gardai who considered it blackmail & fraud.
The day after, he got a visit from the Garda Fraud squad in Tallaght!:D and I've never heard from him again.

There are really some plonkers out there! But there's never any harm in checking it once, and seeing if a company will give something as a goodwill gesture for pointing out the error.

dudara

OK - that's enough off topic posting. if you want to discuss how posters are treated, then go to the Feedback forum or discuss via PM.

Do not clutter up this thread any further.

dudara