Lidl - price discrepancy / refusing to sell at price marked on product

redsclubbedup

I have just been into Lidl to pick up some of there cycling specials.

On my list was a pair of womens cycling shoes, for the o/h

Above the stand it said £12.99

However 3 out of the 6 boxes they had, had £7.49 written on them in black marker.

I took this as being due to damage to teh box (as the boxes in question were ripped / tattered)

when paying for these, they did not scan through the til.

I said to teh check out girl that the price was on them £7.49 - but she sent someone to then get a code.

When she put the code in the shoes came up at £12.99, she called across to her manager, who said that I had to pay whatever the price that scanned was (but they didnt even scan!)

I said that i was pretty sure he had to sell them to me for the value marked on them or remove the items from sale - but he refused to do so - as there was a queue forming and i had to get back to work i ended up paying teh full value

I just was wondering if he was correct over this matter or not ???

gemstars

I think he was right.

I wanted to buy a bed sheet that had a sticker on with X price on (as did all the others), at the till it came up at a higher price. The manager was called who said they didn't have to seel them at this price as the items had come on with that sticker and it wasn't their pricing. I checked with consumers advice and they said the shop did not have to sell me them at the stickered price.

rockabilly_raz

I think that's a bit of an urban myth. A retailer can refuse to sell anything to anyone.

In this instance it looks like the price mixup was a genuine mistake, and I don't believe they are obliged to sell at that price.
I would agree with you however that they should remove the offending items and reprice them properly.

Darksun

If an item is mistakenly mispriced, then no, they don't have to sell it to you for that price. Some supermarkets have policies regarding mispricing such as Tescos, but it's not the law.

The only time the law would be on your side is if the products are intentionally being mispriced to trick people.

Hintza

To late now OP you would have been better not buying them. But they were obviously still a good deal....:)

vyle

As far as I'm aware, It's correct that a shop does not have to sell at an advertised price, or indeed at ANY price and can withdraw an item from sale or refuse to sell.

BUT

They cannot advertise at one price then insist on selling it for more. Either sell at advertised price or not at all.

I'd be interested to find out if that's not actually the case.

bingo_bango

It's a misleading action [Reg 5(4)(g)] under the Consumer Protection from Unfair Trading Regs 2008. A criminal offence (Reg 9) enforced by Trading Standards.

When you take something to the till, you are making an offer to buy. The store can refuse your offer. This is simple contract law.

taxiphil

To clarify, it is a criminal offence under the Consumer Protection Act 1987 (now superseded by the CPUTRs 2008) for a trader to make a misleading pricing indication.

Darksun wrote: »

The only time the law would be on your side is if the products are intentionally being mispriced to trick people.

That's not correct at all, the offence is strict liability.

There is a defence of due diligence but it's hard to see how Lidl could write £7.49 on a box in black marker then refuse to sell it for that price when challenged, and argue due diligence.

Apples2

Next time I go to Lidl, I'm taking a black marker pen with me!

mumOf2wonderfulkids

when a retailer has to sell you something at the advertised price depends on if payment has crossed hands.
in your situation, because payment hadn't been accepted before the error was noticed then they can refuse to sell it to you,
if however you had paid (or handed over credit card) then they do have to sell it to you at the price marked.


however this rule is not applicable to online purchasing

toxic1990

Apples2 wrote: »

Next time I go to Lidl, I'm taking a black marker pen with me!

This is a big reason why its only an 'invitation to treat' and not an 'offer' when its on the shelf.

mumOf2wonderfulkids wrote: »

when a retailer has to sell you something at the advertised price depends on if payment has crossed hands.
in your situation, because payment hadn't been accepted before the error was noticed then they can refuse to sell it to you,
if however you had paid (or handed over credit card) then they do have to sell it to you at the price marked.


however this rule is not applicable to online purchasing

This is true on both counts.

vyle wrote: »

They cannot advertise at one price then insist on selling it for more. Either sell at advertised price or not at all.

I'd be interested to find out if that's not actually the case.

This is not true. They can inform you of the correct price and its up to you to purchase or not.

It is true that they have to remove the incorrect price from the shelf within a reasonable time.

I don't know where strict liability is coming from.