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> I noticed something funny today!
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On 2007-02-04 11:18:04, Rob_B wrote:
A retailer is under no obligation to sell you something for the price advertised if it is a genuine error, this applies to brochures and price tickets/stickers on products. Often they WILL sell at a reduced price as goodwill but i doubt in this case they would! Trading standards website is an interesting read!
This message was posted from a W800i
Not if they consistantly get it wrong. For example, Coles Australia seem to like putting their name brand products in shelves with generic pricing - so the customer see's the price for generic (cheaper) where the shelf is stocked with name brand. They go home and probably never check their docket to realise they paid 2 or 3 times the price that was on the shelf that they took the product from. They haven't been ripped off exactly, they pay the proper name brand price at the checkout, but they think the price is cheaper because the shelf was marked with the generic price.
If a store consistantly fails to mark prices correctly, it amounts to false advertising, and most courts will find in favour of the customer.
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Posted: 2007-02-04 12:53:37
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To make a point last July my friend went into a Vodafone store and got a K800i on contract. It said in the window inside the store it was free on Anytime 200. Now after the contract was put through it came up as 50 pounds on that tariff but did not say that in the window. So because of the mistake they gave it to him free. I bet they quickly changed it.
This message was posted from a 6233
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Posted: 2007-02-04 13:40:11
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Quote:
On 2007-02-04 11:18:04, Rob_B wrote:
A retailer is under no obligation to sell you something for the price advertised if it is a genuine error, this applies to brochures and price tickets/stickers on products. Often they WILL sell at a reduced price as goodwill but i doubt in this case they would! Trading standards website is an interesting read!
This message was posted from a W800i
no, you're right. And like "within reason" "genuine error" are what lawyers call "f*cking vague and exploitable" concepts. Of course, most pricing errors are somewhere along the line "genuine", but - for example - how long has the product been in the state of mismarked-ness... Should the retailer - with due diligence - have noticed and corrected that error... Etc.etc...it's not in stone! It's like best-by-date on perishables in supermarkets... Missing a rotten item or 2 for a couple of days is a genuine error, no doubt! Missing an entire range that's been off for 5 months is a law-suit
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Posted: 2007-02-04 13:56:56
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On 2007-02-04 10:28:22, maggflodd wrote:
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On 2007-02-03 21:51:42, axxxr wrote:
No they don't have to honour it.
They have a disclaimer in the small print which basically says that in the event of priceing errors they they are not liable.
Which effectively means they can print whatver price they like yet don't have to sell for that amount.
Not sure about the disclaimer... I don't think that covers all areas as other retailers could tell you... I'd say the fact that the misprint led to rediculously wrong prices is more relevant! If the price was wrong buty still plausible their disclaimer would mean sh*t..(say off by 10 or 20%... Normal price variations/special offer range... The law's a bit vague, but within reason a retailer has to sell you the goods at the marked price... That "within reason" is the crux... If argos were to mark an iPod £159.99 instead of £199.99 they'd be f*cked... £19.99 would be a joke... That's what it's like in Ireland/Germany... And I'm sure there are EU regs applying to Britain as well... The disclaimer is like a no-refund-sign... Means zero... It's case to case
I mean no offence, but when you say "the law is a bit vague" it made me chuckle. This is in fact an area of the law which has not been seriously disputed for yonks i.e. it's basic contract law (which applies to England and Wales) . When a business advertises a product for sale, they are in effect advertising an "invitation to treat" (Note: the words in quotes are terminology used in contract law). When a person expresses a wish to purchase the product, they are making an "offer". In order for a contract to be formed, the company must "accept" the "offer" (ofcourse along with other requirements e.g. the intention to enter into a legal agreement etc).
So, in short form, the company need not rely upon disclaimers or exclusion clauses. They are covered by legislation.
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Posted: 2007-02-07 01:28:50
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As far as I know if the retailer advertises the product for a lower price than intended then cannot charge you the higher price. The retailer does have the right so refuse to sell any item that they wish.
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Posted: 2007-02-07 01:39:39
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On 2007-02-07 01:28:50, london-uk wrote:
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On 2007-02-04 10:28:22, maggflodd wrote:
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On 2007-02-03 21:51:42, axxxr wrote:
No they don't have to honour it.
They have a disclaimer in the small print which basically says that in the event of priceing errors they they are not liable.
Which effectively means they can print whatver price they like yet don't have to sell for that amount.
Not sure about the disclaimer... I don't think that covers all areas as other retailers could tell you... I'd say the fact that the misprint led to rediculously wrong prices is more relevant! If the price was wrong buty still plausible their disclaimer would mean sh*t..(say off by 10 or 20%... Normal price variations/special offer range... The law's a bit vague, but within reason a retailer has to sell you the goods at the marked price... That "within reason" is the crux... If argos were to mark an iPod £159.99 instead of £199.99 they'd be f*cked... £19.99 would be a joke... That's what it's like in Ireland/Germany... And I'm sure there are EU regs applying to Britain as well... The disclaimer is like a no-refund-sign... Means zero... It's case to case
I mean no offence, but when you say "the law is a bit vague" it made me chuckle. This is in fact an area of the law which has not been seriously disputed for yonks i.e. it's basic contract law (which applies to England and Wales) . When a business advertises a product for sale, they are in effect advertising an "invitation to treat" (Note: the words in quotes are terminology used in contract law). When a person expresses a wish to purchase the product, they are making an "offer". In order for a contract to be formed, the company must "accept" the "offer" (ofcourse along with other requirements e.g. the intention to enter into a legal agreement etc).
So, in short form, the company need not rely upon disclaimers or exclusion clauses. They are covered by legislation.
the issue of contract is separate to the issue of advertising goods. Once the contract is formed, neither side can go back unless both agree. But if a store consistantly displays inaccurate ticket prices, especially if those prices are displayed so as to entice you into the store, it can be argued that the price display is in effect an advertisement. Under consumer protection laws (different to contract law) it is illegal make false claims in advertising.
IF the customer however accepts the higher price and agrees to that price, then the seller is protected under contract law (unless it can be shown the seller lied about the price - in which case the "contract" is invalid).
So buyer beware applies. However if you find yourself going out of your way to buy something that is falsly labelled, you may have a case to sue the seller for false advertising.
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Posted: 2007-02-07 08:15:50
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This hapened at The Link when the Samsung D500 was newly released. The brochure showed the phone was £70 on T-Mobile. I was interested in buying one and selling it on (brand new) to make
a lot of profit. Walked into the shop and was soooo disappointed when I aw the notice taped to the till giving the correct pricing for the phone.
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Posted: 2007-02-07 20:50:06
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