Consumer rights

newcheapcars

Hi

I recently went to my local asda in deeside and noticed there was a good offer on persil non bio washing capsules advertised for about £2.50 for a box of 20, so i bought 2 boxes. when i got to the till the price came in at £4.68 each. so i went to customer services and the lady said you must of read the label wrong. So i showed her and she realised i was wright and said she would give me a refund. i said i want them for the price it was advertised and she said she cant do that and would change the offer. two weeks later the offer is still there. Does anyone know if you must stand by what you advertise an item at, because i am going to buy the whole shelf if i have right to buy at what was advertised.

Thanks

Enterprise_1701C

Unfortunately, the shelf price is only an "invitation to treat". They are perfectly entitled to refuse sale on anything in the store for whatever reason, the contract is not completed until you have offered them the money and they have accepted it.

That said, I personally would go and try again, see if there is another person on at Customer Services, possibly a younger person. You never know!

ps Welcome to moneysavers!

ben500

Jane_Blackford wrote: »

Unfortunately, the shelf price is only an "invitation to treat". They are perfectly entitled to refuse sale on anything in the store for whatever reason, the contract is not completed until you have offered them the money and they have accepted it.

That said, I personally would go and try again, see if there is another person on at Customer Services, possibly a younger person. You never know!

ps Welcome to moneysavers!

I'm afraid your wrong, the "offer to treat" only up to the point of sale, any time prior to that either the vendor or buyer can withdraw from the sale, at point of sale an offence is committed if a higher price is charged than that advertised, the vendor is obligated to refund the difference or risk prosecution they can not at that point withdraw from the sale as a contract has been formed. The vendor can be fined up to £2,000 per item incorrectly displayed that's per item not product, ie 50 boxes mispriced could effectively result in a fine of £200,000 it is unlikely but nonetheless possible, contact their head office if need be and I have no doubt whatsover you will receive a refund of the difference between the advertised price and the charged price.

Incidentaly ASDA have an overprice policy by which you also receive a £2 gift card for each item overcharged and I would ask them for those also.

misstique_2

i would definatly take this with the customer services but remember be polite it maybe frustrating but who want to be told there job!! if the customer service team dont give you joy then ask if you could speak to the manager on duty tell the manager how fab your experience of there store usualy is but on this occasion you feal cheted by an offer that dosent exist and how polite there team has been to you !! trust me ive worked in retail all my life if that dosent work nothing will!!!!!

red_fraggle_2

My understanding of this sort of situation (I'm not entirely sure where I've picked this up from, it's one of those things that I've got in my mind from somewhere along the way so feel free to correct me if I'm wrong) is that if a store misprices an item they are not obliged to sell at the incorrect price (although what happens when the misprice isn't spotted until after the transaction I'm not quite sure), BUT they are obliged to immediately correct the misprice. i.e. as soon as they're made aware of the error they must put it right and cease advertising the product at the wrong price.

So I'd say that yes they're within their rights to refuse to sell you the items at the lower price the first time, but by continuing to dispay an incorrect offer they are breaking the law. What you are able to do about this will have to be for someone better informed than me to say though...

Incidentally, does the offer price tag have an "offer valid till..." line on it?

ben500

Just in case you are speculating on returning and going for a bigger haul I'm mighty confident you would be successful. You've given them the opportunity to correct thier error, they have chosen to ignore it.

Lurleene

Sorry to hijack this thread, but I thought you may be able to help me with a query. Last Monday I went online to look for a buggy as my current one is knackered. I found what I thought was a great deal on a catalogue's (that I use regularly) website. Basically I thought is was such a good deal because the option I chose was quite a bright colour. My order was confirmed by e-mail and clearly states that I ordered a buggy, and it would be charged to my account.

Anyway.

Today I went online to track my order, because I was getting a little impatient. In my order history the buggy now shows as another item entirely, and when I look on the webpage the buggy is no longer there. I am guessing they made an error and have now corrected it online. Seeing as my order for a buggy was confirmed, would I have a leg to stand on by insisting that they send me one, or would I be taking the mick?

Thanks in advance,
Lurleene.

sco0ter

Have a read here


http://www.bbc.co.uk/consumer/your_rights/goods.shtml

Enterprise_1701C

ben500 wrote: »

I'm afraid your wrong, the "offer to treat" only up to the point of sale, any time prior to that either the vendor or buyer can withdraw from the sale, at point of sale an offence is committed if a higher price is charged than that advertised, the vendor is obligated to refund the difference or risk prosecution they can not at that point withdraw from the sale as a contract has been formed. The vendor can be fined up to £2,000 per item incorrectly displayed that's per item not product, ie 50 boxes mispriced could effectively result in a fine of £200,000 it is unlikely but nonetheless possible, contact their head office if need be and I have no doubt whatsover you will receive a refund of the difference between the advertised price and the charged price.

Incidentaly ASDA have an overprice policy by which you also receive a £2 gift card for each item overcharged and I would ask them for those also.

OOPS - sorry, that'll teach me for answering things when I'm in a rush!!

I'm beginnning to think I shall have to stop answering these things on first reading!

newcheapcars

I have just read this on the bbc website and now im copletely confused!

In one shop, sales items marked under a discount sign at one price come out with a higher, pre-sale price upon scanning.
Q:Recently and over the past couple of years I've had the experience of being in a retail shop and choosing items off the shelf that are either priced by a shelf sticker or have the price marked on the item. Upon checkout, the system registers a higher price and I'm charged the higher price, unless I bring this to attention.

Likewise, sales items that are marked under a discount sign at one price, upon scanning come out with a higher, pre-sale price. In all instances I'm informed by the clerk that the item has been mispriced and I'm compelled to either forgo the item or pay the higher price. Is this legal? Is there a consumer protection statute I can quote when this occurs again? IG, Charlbury


A retailer doesn't have to sell an item at the marked price

A:Generally speaking, in contract law terms, a retailer doesn't have to sell an item at the marked price. For there to be a binding contract there has to be an offer which has been accepted. In the context of sale of goods, the offer is made by the customer when they present the goods at the payment point (if the customer offers to buy the goods at the marked price).

The till operator is then free to accept, or reject, that offer. This means that if a till operator spots that goods have been mispriced, they can reject a customer's offer to buy at the incorrect price, and offer the customer the chance to buy at the correct price.

The customer may decline or accept that offer as he or she chooses. Inevitably, retailers will make the odd mistake over pricing, but if you become aware that a certain retailer makes a regular habit of doing it, we suggest you report the retailer to the trading standards department of your local authority. In certain circumstances, misleading pricing will amount to a criminal offence, and trading standards departments have the authority to investigate, and, if appropriate, prosecute.

magpiejay

I know this is an old thread, but it seemed to have the right title. I have an interesting one. I'm having some problems with a well known online wine retailer. Due to a bug in their website, the price for a case of wine at their checkout screen appeared far too low. This has happened to me twice and i have bought the case on both occasions.

I received both cases of wine and was only billed the amount that appeared on their confirmation page.

Now, 3 weeks later for one case, 4 months the other, they are demanding the difference in payment, a return of the wine (erm...who keeps wine for 4 months these days?) or police involvement for fraud!

All a bit heavy.

Am i right in thinking that following a misprice, once payment taken and goods fulfilled some time ago, a customer cannot be demanded to pay the difference at a later date?