Warren James Jewellers - Advice

Andy-telling-it-as-it-is

What do you guys think of this? What should I expect when I go back into the store kicking up a fuss in the next week or so:

I purchased a necklace that was on sale for £17. I took it to the till, paid the £17 that was agreed. I was about to leave the shop and the employee stopped me and said I had to pay extra as it was advertised wrong. I was with my girlfriend who the item was for at the time who was waiting by the door so I couldn't cause a fuss. The employee asked me for extra money in cash (although I'd paid by credit card) and I had the choice to pay or spoil the surprise for my girlfriend.

From my understanding, correct me if I'm wrong, but contract law says that if the item was on display for £17 then the shop don't have to sell for £17, they could charge £200 if they wanted, however I made the offer of £17 and the offer was accepted by the staff member and payment was made. The law states this is a completed contract? Why was I approached for more money (in cash) and if I didn't pay I'd have to give the item back.

If my girlfriend wasn't there I would have had the biggest argument about contract law and stood up for my rights. I am actually that annoyed I may even go back to the shop and discuss this further.

It wasn't a big amount but no matter how much, in my opinion this is illegal!

Anselm

Andy-telling-it-as-it-is wrote: »

Why was I approached for more money (in cash) and if I didn't pay I'd have to give the item back.

I think this is the key point in all of this. I don't think you were required to give it back, but I'm happy to be corrected.

What is an offer? It's a willingness to contract on stated terms with the intention that it'll be binding on the offeror once it is accepted by the offeree.

It's clear that there was a willingness to contract with the intention to be binding, otherwise, they would have rejected your offer outright.

However, they accepted your offer. Acceptance is an unqualified expression of assent to the terms proposed by the offerer by words or conduct.

Was there intention to create legal relations? Intention is based on a series of presumptions. If the contract is made in a social or domestic setting, it's not generally considered to be legally binding.

However, as this is commercial, it's generally intended to be legally binding.

Therefore, the contract does not lack any of the essential components to be rendered void, in my opinion.

However, I'm not sure what to suggest. I presume when they asked you for more money, you returned the item and then rebought the item with a higher price? If this is shown on the receipt and you have the original, perhaps you could email head office and point out that a contract had already been formed and see what happens.

wealdroam

Andy-telling-it-as-it-is wrote: »

If my girlfriend wasn't there I would have had the biggest argument about contract law and stood up for my rights. I am actually that annoyed I may even go back to the shop and discuss this further.

No point in going back to discuss it further.
Quite simply, you agreed with the shop to pay the revised price.

Andy-telling-it-as-it-is wrote: »

It wasn't a big amount but no matter how much, in my opinion this is illegal!

Illegal?

Pretty sure it isn't illegal to ask for more money... especially as they said they made a mistake.

However, in my opinion, you had every right to refuse to pay any extra at that point in time, as you had already purchased the goods at an agreed price.

shaun_from_Africa

wealdroam wrote: »

Illegal?

Pretty sure it isn't illegal to ask for more money... especially as they said they made a mistake.

It would be illegal if the retailer attempted to get the OP to pay extra by wrongly telling them that they were obliged to either pay more or return the goods for a refund.
Just as it is illegal for a retailer to mislead someone by attempting to deprive them of their statutory rights before a sale, it would just as illegal to do so once the sale has been completed.

frugal_mike

I agree that the ownership of the goods passed to the OP at the point payment was made and the shop had no right to get more money or force a refund, even if they had made a mistake with the price.

Truepat

After the credit card payment was taken the sale was completed. They should not have asked and you should not have paid extra.

However, you did agree to the revised price and paid the extra. You could send a letter to Head Office explaining the situation, telling them that they exercised bad faith and you want your money back - however you said it was a small amount and time/stationery/postage could cost you more - probably best to write it off as one of life's lessons.

Pollycat

I don't think there is any point going back into the store.

If it had been me, I would have said 'I've paid the amount you asked so the contract has been executed. I have my goods and my receipt to prove payment and I'm leaving this shop now'.

Andy-telling-it-as-it-is

Thanks for all the replies.

It's a matter of principle of big companies thinking they can walk over anyone so there is a point of going back to the store.

I've spoke to the manager of the store who couldn't apologise anymore however didn't refund me???? Apparently it's a case for head office who also apparently don't own a telephone???

Therefore I emailed head office and I'm waiting on a reply, let's see what happens next.

McKneff

I don't it is the big company that is at fault here, the assistant made the mistake by not knowing the law.


The fact that they asked for cash is iffy, did yu get a receipt for the additional money.


The should have voided the first amount if you were paying by cc, then run the whole amount through as one transaction. Strange

tomwakefield

McKneff wrote: »

I don't it is the big company that is at fault here, the assistant made the mistake by not knowing the law.

I would say the company is at fault for the mistakes of the assistant. It could be considered a training issue.

McKneff wrote: »

The fact that they asked for cash is iffy, did yu get a receipt for the additional money.

This is what struck me. An assistant on the fiddle?

Andy-telling-it-as-it-is

Update - I've received a reply from head office admitting they are in the wrong and are contacting the staff in question. I should be getting my refund in the post 😀