High street chemist problem

AbstractWool

I purchased three items on self service tills in a well know high street chemist today. I paid and had stepped away from the till, when a sales assistant came up to me and said I couldnt have the goods, I had to purchase them individually as there was a pricing mistake. I was surprised when she told me she would refund my money and took the goods off me.
Before I ring their customer services, what are my rights here. Surely a contract was formed when money was taken and a receipt given?

unholyangel

Usually a contract is formed when payment is offered and accepted. However, under DSR these are different because it is automated and they have not had a chance to review and refuse/accept your "offer".

I know the DSR dont apply here but their reason for refusing would probably be because it was automated and they had not had a chance to accept your offer.

AFAIK its not covered specifically, so theres a reasonable debate from either viewpoint. I imagine due to the self checkout being relatively new, it will be covered in years to come if it isnt already.

However personally i feel they should have given you the product at the price you paid and then adjusted it for future customers - providing it wasnt an obvious error.

sarahg1969

But the OP had paid, and was leaving the store with her goods, which is very different. The contract was concluded.

KeithP

unholyangel wrote: »

Usually a contract is formed when payment is offered and accepted. However, under DSR these are different because it is automated and they have not had a chance to review and refuse/accept your "offer".

I know the DSR dont apply here but their reason for refusing would probably be because it was automated and they had not had a chance to accept your offer.

AFAIK its not covered specifically, so theres a reasonable debate from either viewpoint. I imagine due to the self checkout being relatively new, it will be covered in years to come if it isnt already.

However personally i feel they should have given you the product at the price you paid and then adjusted it for future customers - providing it wasnt an obvious error.

I know that you know that DSR doesn't apply here.

But DSR, even if it were relevant, does not affect the time that the contract is concluded.

Generally, internet sellers include a condition in the sale stating that the sale isn't complete until goods are despatched... or something similar. Nothing to do with DSR.

In this case, money has changed hands and goods have changed hands.
As Sarahg1969 says... transaction is complete.

unholyangel

KeithP wrote: »

I know that you know that DSR doesn't apply here.

But DSR, even if it were relevant, does not affect the time that the contract is concluded.

Generally, internet sellers include a condition in the sale stating that the sale isn't complete until goods are despatched... or something similar. Nothing to do with DSR.

In this case, money has changed hands and goods have changed hands.
As Sarahg1969 says... transaction is complete.

As i said, self scans arent really covered sufficiently. DSR rules are more apt as no actual person has accepted the offer (which apparently, is why the DSR is different from buying in store).
But it would be interesting to know how they're going to be covered in future.

Will they say once payment is taken contract is complete? Or once an actual employee has had the chance to accept or reject the customers offer? Or will they go down a different route from present and say once you have paid AND left the shop?

I remember a few years ago i bought nail polish that was priced differently at the till than on the shelf. Boots gave me it at the price on the shelf then changed it. To me, thats good customer service. It would ensure i would shop there again.

Of course if the different was a huge amount, i wouldnt necessarily expect the same. But as i said in my previous post, IMO the OP should have been given it at the price they paid - regardless whether the contract was concluded or not.

Anyways, i would definitely write a letter to their manager. End of the day, until new legislation is brought up, you paid for the items and technically had ownership of them (having a receipt to prove so). Get in touch with trading standards too.