Mispriced goods... what can i do?

mtem74

Hi all

I've read many threads about this subject but I'm still a little confused hence my own post

basically I went into M&S yesterday (sat 29 aug 09) and saw some flip flops marked at £5.

Bought them with some food items and as normal checked the receipt after paying for eveything. Only then I noticed that I'd been charged £9 for said flip flops.

As the lady on the checkout was busy, I went looking for the customer services desk, but its a small store so figured I go to the clothes checkouts).

Told the sales assistant what happend to which i was told that the right price was £9 and thats the price eshe'd ahve to sell them to me at. I explainedthat all the items were advertised as £5 and she simply said they'd been mispriced and it was £9. she then proceeded to give me a refund without even asking if I wanted to keep the flip flops.

I'm aware that the shop does not have to sell me the item at all but having read some threads I'm wondering if i actually had a right to the goods for the marked price (£5) as I had actually paid for them !!!

Any help much appreciated

savemoney

The store should have told you that the price but marked wrong however that's not always possible. They gave you your money back and that's the right thing to do

They dont have to sell you goods its called 'invitation to treat' neither do you have to accept the goods once you are at the till

mtem74

Thanks for the tip but my main issue is the fact I had all ready paid for the goods at the higher price and only by checking my receipt did I notice the error.

As I had paid for them, have I not entered into a contract of sale with the company? If so, am I then entitled to the goods at the lower price? This is what has confused me from other posts I have read andI'm just trying to get my head around the subject.

I know its a bit late (as I was given a refund, not offered just given) so I don't have the goods. But this has really riled me and I'm pretty P****D as some may appreciate.

stugib

mtem74 wrote: »

As I had paid for them, have I not entered into a contract of sale with the company? If so, am I then entitled to the goods at the lower price? This is what has confused me from other posts I have read andI'm just trying to get my head around the subject.

No, the contract was the flip flops for £9, which is what they asked for at the till and which you paid. If they'd only asked for £5 at the till and you'd paid the contract would be complete and they couldn't ask for the rest.

Halloway

mtem74 wrote: »

But this has really riled me and I'm pretty P****D as some may appreciate.

Well, if it's the worst thing that happens to you this week you will have had a good week. It's a very trivial thing to get worked up about. Move on.

DVardysShadow

mtem74 wrote: »

As I had paid for them, have I not entered into a contract of sale with the company?

Yes, and the contract has been fulfilled at £9. You don't want to be going down this road.

If so, am I then entitled to the goods at the lower price?

The contract was based on a misapprehension, on your part that the item was for £5, on the part of the shop that you were offering £9.

But this has really riled me and I'm pretty P****D as some may appreciate.

Everyone has been put back in the position they were in before you left the checkout.

tbw

Annoying thing to happen though - and due entirely to staff letting a pricing error slip through.

Although no legal requirement to do so, many stores (who value their customers goodwill) would have allowed the OP to have the item at the lower price. A drop in the ocean so far as the stores profit is concerned but invaluable as a bit of good PR.

tbw

Forgot to say, this makes dear old Tesco policy look good.

Freddie_Snowbits

mtem74 wrote: »

As the lady on the checkout was busy, I went looking for the customer services desk, but its a small store so figured I go to the clothes checkouts).

But you paid the price quoted? and then went cry baby bunting!

Tough

mtem74

Freddie_Snowbits wrote: »

But you paid the price quoted? and then went cry baby bunting!

Tough

Yes I paid the price charged... but not the price quoted or what I believed the items to be !!!

If you pick something up with one price only to find you are charged a greater price would you not question it?

Cry baby bunting ??? No !

I was annoyed at the treatment received and not having a great understanding of my rights sought clarifaction. Using the forum is my way of doing that !!!

Poppycat

I think you should have said when paying that the price must be wrong and then either paid the extra or refused that is why we call it invitation to treat

The shop offers you a item at a price whether thats correct or not, you then except it or just refuse.