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Meteor False Advertising?

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  • 04-01-2013 2:32am
    #1
    Registered Users Posts: 152 ✭✭


    Outside all Meteor shops they were advertising the HTC Wildfire S at €99.99. When I went up to the till at one shop, they wanted me to pay €129.99 and said ya they were advertising outside on sale, but it wasn't on sale yet? Then I went to another Meteor shop and they also advertising it outside for €99.99, but wanted €109.99 and said the cheaper price was for new customers. I contacted them and they didn't give a ****. So I said I would send a quick email to the NCA and they are looking further into it. Just wondering if it's against the law for them to do that?


Comments

  • Registered Users Posts: 2,420 ✭✭✭StaticNoise


    Sadly, the price you see is no longer, nor (arguably) was it ever the price you pay.

    A 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].

    Basically, they should, as goodwill gesture have changed the price for you, but as per the guidelines and legislation of an 'Invitation to Treat' they can refuse it.

    Very poor service, but they are perfectly entitled to.


  • Registered Users Posts: 1,871 ✭✭✭Karen23


    Lamina wrote: »
    Outside all Meteor shops they were advertising the HTC Wildfire S at €99.99. When I went up to the till at one shop, they wanted me to pay €129.99 and said ya they were advertising outside on sale, but it wasn't on sale yet? Then I went to another Meteor shop and they also advertising it outside for €99.99, but wanted €109.99 and said the cheaper price was for new customers. I contacted them and they didn't give a ****. So I said I would send a quick email to the NCA and they are looking further into it. Just wondering if it's against the law for them to do that?


    Same happened to my son. He bought a new phone last week , it was advertised in Meteor for 79.99 and in Carphone Warehouse for 79.99 for Meteor customers. When it came to paying he was asked for 89.99 and when he questioned it he was told the advertised price was only for new customers. I know it's only €10 but still unfair I think.


  • Registered Users Posts: 2,420 ✭✭✭StaticNoise


    Talk to Joe - 1850 715 815.



    Nah, I would give out. Who knows, you may get a free phone!


  • Registered Users Posts: 7,593 ✭✭✭theteal


    Sadly, the price you see is no longer, nor (arguably) was it ever the price you pay.




    Basically, they should, as goodwill gesture have changed the price for you, but as per the guidelines and legislation of an 'Invitation to Treat' they can refuse it.

    Very poor service, but they are perfectly entitled to.

    sorry StaticNoise, you've got it wrong in this instance. A price tag on or beside an item is an invitation to treat. An actual poster/flyer on display as described by the OP i.e. outside the shop, is an actual advertisement and thus if the situation is as described it would be a case of false advertisement (strangely these discussions are normally the other way around)

    I don't know for sure as I'm not in Ireland to see it but I'd guess that said advertisements have some small text t+c's at the bottom which detail how to avail of the offer e.g. new customers only, no upgrades etc.


  • Registered Users Posts: 2,420 ✭✭✭StaticNoise


    Many thanks for the clarification. My consumer law is rusty so!

    I can't find a link to the T&Cs online (which they usually do).


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  • Registered Users Posts: 152 ✭✭Lamina


    Meteor just emailed me backing saying 'Sorry you were confused', which is stupid because I wasn't the confused one. It was them that were advertising it at different prices in different shops. I let them know I put forward a complaint to the NCA, but they didn't reply. Assholes.


  • Registered Users Posts: 9,624 ✭✭✭wmpdd3


    Its not the NCA you need to complain to, its the ASAI:

    http://www.asai.ie/complain.asp

    Search the bulletins and you'll see the meteor and the ASAI as well acquainted!


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