Shop asking for return of mis-priced goods

UnsuitableName · 2 October 2009 at 1:47PM

Hi all, I'd appreciate some swift advice if possible.

A week ago, my wife and I visited a shop and purchased a small item of jewellry that attachs to a bracelet (a charm).

We picked the charm from a box the shop staff showed us and they duly advised us that the charm was £315. We went ahead with the purchase.

Yesterday, we received a letter from the shop and they have also contacted my wife by telephone. The letter is courteous enough but ultimately it says that the charm they sold is wasn't £315 as we were told (and charged) but that the staff member (there were actually 2 of them dealing with us) should have charged us £875.

They have asked us to arrange for the return of charm as soon as possible or to visit the shop to pay the difference.

What are our rights in this respect?

I have mixed feelings on this. Firstly, we have been charged the £315 from our debit card, the transaction was over a week ago and the letter gives no form of apology for their error. Nor does it offer any form of compensation for the inconvenience if we were to revisit the shop and return the mis-priced item.

Secondly, surely this is their mistake and not our problem now?

Then there is the fact that I feel a little sorry for them - but deep down I don't want to! They're asking for us to pay an additional £560 to keep the charm, or basically take it back and get a refund on our card.

Advice please!

Crazy_Jamie · 2 October 2009 at 1:52PM

You have no obligation to return the item. They are not obliged to sell you an item at an incorrect advertised (or otherwise) price providing the mistake is spotted before the transaction is completed. Once it has been completed there is a binding contract that both parties have performed their obligation under. The company, through its agents (i.e. the store workers) contracted with you to sell that bracelet for £315. You paid the money, and they handed over the goods. Deal done.

They are effectively now counting on your generosity to return the bracelet, because this is entirely their error and there is no requirement on you to do anything at this point. You can keep it if you want, and there can be no adverse consequences either way.

UnsuitableName · 2 October 2009 at 1:57PM

Thanks Jamie, this is what I suspected.

We're now faced with a moral issue tainted by another.

We have dealt with the shop previously and spent in the region of £2,000 this year with them. However, they're not the only retailer of the goods and our ethic of not wanting to penalise them for their error is stretched by the virtue of the fact their letter is completely void of apology or offer of compensation for our inconvenience.

Indeed when my wife spoke to them all they wanted to know was could we return the item 'today or tomorrow, but we will need it before the close of the weekend'. They weren't 'stroppy' in their tone, but they were clearly intimating that we were legally obliged to do as they requested.

Basically, I don't like the presumptious nature of their letter, its lack of apology or any note of compensatory type.

Rockporkchop · 2 October 2009 at 2:05PM

I would throw the letter in the bin, ignore all correspondence and messages from them and never shop there again. I am astounded - what an absolute cheek.

Out of interest, do you think the charm is worth £875? Are the competitors selling it for that price?

Proc · 2 October 2009 at 2:07PM

Sounds like the shop has a load of snotty pr1cks working there.

I would just call them up, and let them know that you won't be returning the item, but your reasons are due to the lack of apology, and assumption that you are legally obliged to do so.

Hopefully they'll learn 2 valuable lessons:

1) Price things properly
2) Be courteous to customers - especially if asking for a big favour.

To be honest, the mark up on jewellery is quite high. I purchased a watch (should have done my research first) from quite a well respected jeweller in Worcester. I spoke to someone in the trade a few weeks later and they were like "yeh, they cost us a third that". I'm not saying I was ripped off, I was just naive to the mark ups. In your case they probably accidentally sold it at cost price. Doubt they lost too much.

UnsuitableName · 2 October 2009 at 2:10PM

We would not have bought the charm had they said it was £875.

I don't know whether the charm is worth £875 or not, but we'd not have paid that for it - certainly not. We felt that when they said £315 it was expensive but my wife liked it and it was a gift for her, so we bought it.

I have looked online in the last hour and found that the charm is indeed priced at between £795 and £875 in a number of other outlets elsewhere in the UK.

Rockporkchop - you hit the nail on the head though, it is the almost 'obligatory' tone of the letter that I have taken greater offence to rather than their mistake (which has obviously been to our benefit at this stage).

I am inclined to contact them myself and explain what we believe the legal position to be and see if they offer any form of middle ground or compensation - or perhaps I'm just silly to even think of offering them that opportunity at all.

UnsuitableName · 2 October 2009 at 2:11PM

Proc wrote: »

To be honest, the mark up on jewellery is quite high. I purchased a watch (should have done my research first) from quite a well respected jeweller in Worcester. I spoke to someone in the trade a few weeks later and they were like "yeh, they cost us a third that". I'm not saying I was ripped off, I was just naive to the mark ups. In your case they probably accidentally sold it at cost price. Doubt they lost too much.

Yes, we were aware of the mark up on items but I believe the reason they have mischarged us for this item is because it looks very similar to another charm that is £315. There are two very similar items, one at £315, one at £875 (just discovered this in the last hour).

pimento · 2 October 2009 at 2:13PM

Cor! I wish you were my husband

Pollycat · 2 October 2009 at 2:15PM

I congratulate you on feeling that there is a moral element to your dilemma.

I've very honest, have handed in purses, mobile phones etc that I've found and have also told sales assistants when they've given me too much change.

I'd possibly feel the same as you about returning the charm (by the way, WHAT is it - to cost £875 and hang off a bracelet? :eek:) - BUT as you say they haven't even apologised and have even said THIS:

'today or tomorrow, but we will need it before the close of the weekend'.

I'd do the same as rockporkchop says and ignore their letter and phone call.

Are you SURE that it should have cost £875?

How come TWO assistants made a mistake with the price anyway?

UnsuitableName · 2 October 2009 at 2:15PM

pimento wrote: »

Cor! I wish you were my husband

If I return the charm I might be free again unexpectedly.:rotfl:

UnsuitableName · 2 October 2009 at 2:19PM

Pollycat wrote: »

I congratulate you on feeling that there is a moral element to your dilemma.

I've very honest, have handed in purses, mobile phones etc that I've found and have also told sales assistants when they've given me too much change.

I'd possibly feel the same as you about returning the charm (by the way, WHAT is it - to cost £875 and hang off a bracelet? :eek:) - BUT as you say they haven't even apologised and have even said THIS:

I'd do the same as rockporkchop says and ignore their letter and phone call.

Are you SURE that it should have cost £875?

How come TWO assistants made a mistake with the price anyway?

The item is a 'charm' that clips onto a original Pandora bracelet. You buy the bracelet, then add charms over time. In total we've spent about £2,300 on my wifes bracelet (or should I say £2,800 now!) by adding these over time.

My wife loves it and jewellry has always been her thing, so we've spent a fair bit of money with this shop over time. We also bought a bracelet for our daughter from there and that isn't even factored into this, so we're more than a good customer to them - and that is why I am feeling very irked right now.

Yes, there were 2 assistants dealing with us as she selected the charm she wanted. In fact there were 3 assistants there when I completed the transaction, all stood coo-ing over how nice the bracelet looked etc.

I just feel very taken for granted on this one.

Shop asking for return of mis-priced goods

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