Is this legal?

blondie9534

Hi guys, I'm not sure if I'm posting this in the right place.
I broke my iphone screen and went to local tesco IT centre to repair it. The girl at the stand took all my details and said it will cost 89 euro. We agreed, gave the phone and got the receipt for it to show and pay when we go pick it up in 3 hours.
30 mins later when we already left tesco I got a call from the same girl saying she made a mistake and it actually costs 137 euro but they can go down to 117 euro for us. She said she made a mistake on the system and it's 89 euro for a samsung. Are they allowed to do that? Call me back and change the price after even though I already have receipt from them saying 89 euro and that it's a samsung on it? Any help much appreciated!!

Jayop

Have they already started the repair or can you just collect it again?

blondie9534

I live half an hour away from tesco, was already home and I really need the phone so I said okay to it, I would say they already started to repair it. I was just wondering if what they did was legal. If it's not, I was going to question them about it when I come to collect it, after all the receipt says 89 euro.

jacksie66

This post has been deleted.

Jayop

Pretty much what jacksie said. If you said no, then they'd have had to put it back to the original state you gave it to them and give it back. They called and let you know rather than hitting you with a bigger bill after the fact. Annoying but ultimately it is what it is.

blondie9534

I completely understand, however this was not the case of us booking it through the phone. Going back there and collecting it without the phone being repaired would be a great inconvenience to us as I mentioned we live half an hour away. Hence the only reason we agreed. And the receipt she printed off after getting our details states it's an iphone 6S for 89 euro, there was nothing on it about it being a samsung. If that was the price agreed upon at the start then surely that's what they should have done it for?

blondie9534

If it's legal then I have no problem for it. It was just an inconvenience as I live half an hour away and the receipt was already done up with all the details. Thanks for help.

njs030

You can refuse to pay the extra and they will refund you and give you back your phone in the condition you handed it in to them in, there's nothing illegal about a mistake.

emmaro

She made a mistake, it happens.

MIKEKC

blondie9534 wrote: »

I completely understand, however this was not the case of us booking it through the phone. Going back there and collecting it without the phone being repaired would be a great inconvenience to us as I mentioned we live half an hour away. Hence the only reason we agreed. And the receipt she printed off after getting our details states it's an iphone 6S for 89 euro, there was nothing on it about it being a samsung. If that was the price agreed upon at the start then surely that's what they should have done it for?

Simple mistake,can happen to anyone. Pay up I would think.

Elmo

I don't think so, she agreed a price as part of a contract.

http://www.citizensinformation.ie/en/consumer_affairs/consumer_protection/consumer_rights/your_rights_when_you_buy_a_service.html

blondie9534

Doesn't that mean they could do it all the time to people? They could always call back people and quote them higher and in a lot of cases people would agree to it just to avoid going back if it's far away or if they really need the phone. The thought of it is just a bit scary. The way I thought about it, the proce quoted at the start, agreed upon should be the price paid. But thanks for clearing it up! Would hate to go there and argue about something if I'm wrong

hognef

Jayop wrote: »

Pretty much what jacksie said. If you said no, then they'd have had to put it back to the original state you gave it to them and give it back. They called and let you know rather than hitting you with a bigger bill after the fact. Annoying but ultimately it is what it is.

Agreed, but if they had already started working on it, they would have already voided any warranty, right? If so, it would be impossible for them to put it back to the original state, and, really, it'd be too late for them to adjust the price. Thoughts?

JCX BXC

It's a mistake yes, however if OP paid for it and has a receipt then I don't think it's lawful to ask for more.

njs030

blondie9534 wrote: »

Doesn't that mean they could do it all the time to people? They could always call back people and quote them higher and in a lot of cases people would agree to it just to avoid going back if it's far away or if they really need the phone. The thought of it is just a bit scary. The way I thought about it, the proce quoted at the start, agreed upon should be the price paid. But thanks for clearing it up! Would hate to go there and argue about something if I'm wrong

You said it was Tesco so it's no harm to give the head office a quick call to check and see.

jacksie66

This post has been deleted.

blondie9534

Elmo wrote: »

I don't think so, she agreed a price as part of a contract.

http://www.citizensinformation.ie/en/consumer_affairs/consumer_protection/consumer_rights/your_rights_when_you_buy_a_service.html

Is that correct? The recepit I received at the start stating the product and price is a contract? So they are changing the terms of it? Correct me if I'm wrong.

davo10

blondie9534 wrote: »

Is that correct? The recepit I received at the start stating the product and price is a contract? So they are changing the terms of it? Correct me if I'm wrong.

They informed you of the change and you agreed to it.

Elmo

davo10 wrote: »

They informed you of the change and you agreed to it.

Not before the OP got the call for the increase. The OP agree a price and paid for the service and got a receipt, that the contract. The shop should take the loss, and say mistakes happen.

hognef

jacksie66 wrote: »

Warranty was already voided with a broken screen.

Maybe so.

What if it wasn't the screen? Let's say the phone was handed in for a battery replacement, and the same increased price came about in the same way. This would certainly be a warranty-voiding job, but the customer may have chosen to go ahead with it still, because the price was lower than if they were to go back to the manufacturer (which would replace with voiding the warranty).

Then the new price is brought up, after the unofficial repairer has opened up the phone. Warranty is voided, whether or not the customer goes ahead at the new price, which now might be as high as or higher than that of the manufacturer (and the customer, at that price, would have preferred go to the manufacturer).

Now what?

davo10

Elmo wrote: »

Not before the OP got the call for the increase. The OP agree a price and paid for the service and got a receipt, that the contract. The shop should take the loss, and say mistakes happen.

I agree totally, from a CS point of view it's a no brainer and the op has every right to be annoyed, I would myself. They should repair at price agreed, But if they don't, I'm not sure that the op will get much satisfaction considering they did inform him/her of the mistake. If the op refused the increased cost, the phone probably would have been handed back in same condition it was handed in. Mistakes happen but it was their mistake and they should stand by the quote.

wally1990

In the law it states the below. I'd imagine a decent lawyer would argue the same for verbal prices provided however the law does not mention those in verbal law contracts with respect to pricing but again mistakes happen and it wasn't intentional to mislead you ( which is illegal )


Does the retailer have to sell a product at the price displayed?

Retailers cannot deliberately mislead consumers when displaying prices, but they are allowed to make a genuine mistake and they are permitted to correct this mistake right up to the point of sale. Thus, if the price is displayed on an item is lower than the retailer intended to sell it at and a consumer brings the item to the till, the retailer is entitled to refuse to sell the item at the lower displayed price and the consumer can decide not to buy the product at the new stated price. Once the mistake is uncovered, the incorrectly marked price should be adjusted as soon as possible.

JCX BXC

However, if it was after the point of sale, ie. paid for and a receipt given, that should not apply.

Elmo

wally1990 wrote: »

In the law it states the below. I'd imagine a decent lawyer would argue the same for verbal prices provided however the law does not mention those in verbal law contracts with respect to pricing but again mistakes happen and it wasn't intentional to mislead you ( which is illegal )

I think the problem lies where the OP was sold a service and paid for that service. The OP was charged for the service and the shop agreed. It'd be different if the server said its x amount and then reflected on it and said "no sorry i am wrong its actually 30 euro more expensive". The payment was made and the agreement was agreed.

So its a final written agreement which was paid for.

wally1990

Elmo wrote: »

I think the problem lies where the OP was sold a service and paid for that service. The OP was charged for the service and the shop agreed. It'd be different if the server said its x amount and then reflected on it and said "no sorry i am wrong its actually 30 euro more expensive". The payment was made and the agreement was agreed.

So its a final written agreement which was paid for.

True

Personally I wouldn't have the balls to argue and just accept her mistake but. Hey some people would fight to bitter end for a few quid (not that it's a few quid in this case)
But ya know

davo10

Elmo wrote: »

I think the problem lies where the OP was sold a service and paid for that service. The OP was charged for the service and the shop agreed. It'd be different if the server said its x amount and then reflected on it and said "no sorry i am wrong its actually 30 euro more expensive". The payment was made and the agreement was agreed.

So its a final written agreement which was paid for.

I think some perspective is needed, when talking in legal terms, remember you are talking about €28, a SCC case costs that. This is human error, it happens, it's annoying but they called the op when they realised their mistake, Yes they should abide by their original quote but the higher price is the going rate for this type of repair. Life is too short and the op needs the phone.

Elmo

It'd be them taking you to the claims court over 28euro not you, after all they are down money you are not. Really the shop should say to themselves that its only 28 euro and take the cost. I think the OP agreed to the 28euro, but really they'd have been with in their rights to say no, and that an agreement had been made already.

Aragon77

jacksie66 wrote: »

I work as a phone repair technician. We repair iPhone 6 and 6s but there's a big difference in the price. Sometimes the girls booking the phone in quotes the wrong price, ie price for a 6 when the phone is a 6s. I usually just ring the customer and ask them if they want to go ahead. There's nothing illegal about someone making an honest mistake..

No, there isn’t, but as a receipt was issued, it shows acceptance, contract is binding, now, saying that, the OP could stick to her guns, or just pay the difference, of €27 as I’m sure she will go again to same store and doesn’t want to make such a fuss over less than €30.but legally, she is right, morally, well that’s her choice?

Kristopherus

Aragon77 wrote: »

No, there isn’t, but as a receipt was issued, it shows acceptance, contract is binding, now, saying that, the OP could stick to her guns, or just pay the difference, of €27 as I’m sure she will go again to same store and doesn’t want to make such a fuss over less than €30.but legally, she is right, morally, well that’s her choice?

I'd say the matter is settled one way or another by now.

CeilingFly

blondie9534 wrote: »

Is that correct? The recepit I received at the start stating the product and price is a contract? So they are changing the terms of it? Correct me if I'm wrong.

You say the receipt says "Samsung" and your phone is an "iPhone". She made an error, she contacted you about the error and asked iif you were agreeable to the change.

As you are fully aware that you don't have a samsung, you can confirm that an error was made.

As of legal - yes it is. As they contacted you, informed you it was an error and you accepted that change. Could you have forced it legally (lets say it was something costing €2,000 instead of €2400 and worth arguing for), it would be 50/50 as the receipt details a different product and a defense of honest error could be made. Likewise you could argue that you presented the phone and they should not make such error.

Personally I think by offering to split the difference a good outcome was provided.

We all make errors now and then