false advertising

sjauhar

Dear All,
Please can you advise me. A company advertised a product online, which I bought. I then received an email from their financial director saying they had priced it incorrectly and it was not £4.50, but £450.00 not including tax. I paid by credit card and they have said they have refunded my card.
Am I correct that if they advertise a product then sell it, they have to honour it? If so what should I reply to them?
Thank you for your help.

GrammarGirl

I'm not sure how it works in an online situation, but if something is incorrectly priced in a shop there is no legal obligation for the retailer to sell you it at the incorrect price. As long as all goods are removed from display and repriced once the error has been spotted.

Again, I'm not sure how this works online. Sorry I can't be of more help!

TomsMom

There is probably, somewhere in their terms and conditions, a clause which says something like E & O E - Errors and Omissions Excepted - in other words "If we made a mistake with the pricing, we don't have to sell it to you at that price".

I've just randomly looked at the Ts and Cs of one internet site and this was in theirs:

3. DESCRIPTION & PRICING OF GOODS
3.5 We are entitled to make adjustments to the price to take account of any increase in our supplier’s prices or the imposition of any taxes or duties, or if due to an error or omission the price published for the goods is wrong whether or not the order has been confirmed.

Looks like you wont be getting a bargain after all, not false advertising as such just human error when inputting information I imagine.

geordie_joe

been through this several times in this thread.

1) They don't have to sell you anything at any price, a price is just an invitation to tender.

2) There is some debate about when you have actually bought the good and they become your. When you pay for or when you get the goods?

Some people say once you have paid for the goods they are yours, others say they are not your until you have them in your possession or when they have been despatched if bought long distance.

It would make more sense for it to be when the goods have been despatched, as prior to this the seller could refund your money and not send the goods. You would have your money and the seller would still have his goods. No court would want to sort that out as neither party is losing anything.

Similarly, once you have the goods, or they are on a couriers van no court would want to sort that out. You indicated that you wanted to buy the goods, by paying for them. The seller indicated that he wanted to sell you the goods by accepting your money and despatching the goods.

In short, if they haven't despatched the goods then getting your money back is the best you can hope for.

aj3001

Did you not question why an item which is worth nearly £500 was on sale for £4.50?

dunstonh

Yay, its been over a week since someone last asked this. Is that a record?

shelly

aj3001 wrote: »

Did you not question why an item which is worth nearly £500 was on sale for £4.50?

Of course they didn't!! Most likely rubbed their hands in glee at the idea of a bargain.....as I would have :rotfl:

But unlike the OP I would'nt have been surprised at all to have got the email and refund.

ShelfStacker_3

dunstonh wrote: »

Yay, its been over a week since someone last asked this. Is that a record?

Still no match for the Great Stupid Question Gap of 2008.