Tesco wouldn't sell as the marked up price

OK, I'm not gong to get all bent out of shape over £2.50 but am interested to understand the legal position.

Last week in Tesco I picked up a product in the reduced section. The original price was £5 and there were 2 reduced stickers one over the other for £3.95 and then £2.95. There was also another sticker for 49p. On the assumption that the lowest price of 49p was the price I would pay, I put the product in my basket.

On arriving at the till, the cashier claimed that the 49p sticker was actually for a different product and that the price was £2.95. After talking to the supervisor who again refused to sell the item at the clearly marked up price of 49p, I declined their offer to purchase the item at £2.95.

So, what is the legal situation? My understanding was that the offer (or is it invitation to treat) had clearly been made at 49p and that the store is then legally bound to sell to me at that price. Tesco claim not and that they had experienced people changing labels to get products at a lower price and that they were not legally bound to sell at 49p as they told me at the checkout that the price was wrong.

Maybe I should have just gone through the manual checkout and scanned it at 49p!

Comments

  • reehsetin
    reehsetin Posts: 4,916 Forumite
    1,000 Posts Combo Breaker
    It was an invitation to treat, when you took the item to the till you 'offered' to buy the item at 49p and tesco declined.

    Unless they were intentionally misleading they won't get in to any trouble for this.
    Yes Your Dukeiness :D
  • comeandgo
    comeandgo Posts: 5,913 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    THey dont have to sell it at 49p.
    Can i add a wee story here - I was in Waitrose and two gingermen biscuits reduced from £2.00 each to 99p each. I went to the till and after the assistant put the two through, they were the only items I bought, till read that they were due me 2p. They had originally been buy one get one free - I had a laugh and said I'd not hold them to that, I'd pay what I was owe on them but Waitrose refused and gave me 2p back as that what was now through the till.
  • Fosterdog
    Fosterdog Posts: 4,948 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Tesco were right on this one, you said yourself you made an invitation to treat and they declined the invitation. You'd be surprised how common ticket/label swapping is where people try to get one over and get something cheaper, it may be somebody swapped the price just before you picked it up with the intention of going back for it or an accomplice picking it up.

    Even the self service wouldn't help you if the label was meant for a different item, it would notice the weight was wrong and alert a member of staff to check it.
  • halibut2209
    halibut2209 Posts: 4,250 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    I'm not sure that the codes on a reduced label are linked to specific items. I don't think the self-service would know what the item actually is.
    One important thing to remember is that when you get to the end of this sentence, you'll realise it's just my sig.
  • mattyprice4004
    mattyprice4004 Posts: 7,492 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Do people not even bother reading the very obviously named sticky post at the top of this very forum?!

    https://forums.moneysavingexpert.com/discussion/3277262
  • Cycrow
    Cycrow Posts: 2,639 Forumite
    I'm not sure that the codes on a reduced label are linked to specific items. I don't think the self-service would know what the item actually is.

    They are
    The reduced item barcode is linked to the product barcode. Thats why it will display the product name at the till.
    And show on your receipt

    People try to swap labels around all the time to get cheaper items.
    usually they take a reduced label and stick it on an expensive item.

    when i worked at tescos we we're told to always check the reduced labels. It was happening pretty frequently, usually at least several were caught each day
  • atarisrocks
    atarisrocks Posts: 645 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    i agree with other on the fact it may have been someone swapping labels to get it cheaper.

    ive seen many people do this with yellow stickered items in supermarket

    i have work in a place where people would bring their own pricing guns in and start tagging all the items at a lower price so it was harder for the staff to say it was the wrong price when there was 20 others all in the new price
  • SteveJW
    SteveJW Posts: 724 Forumite
    Part of the Furniture 500 Posts Name Dropper Combo Breaker
    comeandgo wrote: »
    THey dont have to sell it at 49p.
    Can i add a wee story here - I was in Waitrose and two gingermen biscuits reduced from £2.00 each to 99p each. I went to the till and after the assistant put the two through, they were the only items I bought, till read that they were due me 2p. They had originally been buy one get one free - I had a laugh and said I'd not hold them to that, I'd pay what I was owe on them but Waitrose refused and gave me 2p back as that what was now through the till.
    Had this at Tescos a couple of years ago, manager was stood at the checkout with a trolley load of something, they were on a similar sort of offer, manager was telling everyone come and get these I'm paying you 50p to take them, very few takers
    I got mine
  • Stonker
    Stonker Posts: 577 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    Do people not even bother reading the very obviously named sticky post at the top of this very forum?!


    In a word....no

    Thanks everybody for the responses
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