Can a take away charge more than the displayed price?

trinidadone

Hello all,

I thought I would raise something here, to find out what other's think.

I went into a take away during lunch time in London, West Norwood. I was with a work friend.

On the menu board, we chose Jerk Chicken in a roll for £2.00, bargin we thought!!

My friend was offered "extras" (cucumber, tomato etc....) which he agreed to, and was charged £2.80, fair enough I thought.

I just ordered the Jerk Chicken in a roll and declined the "extras" - £2.00 right? wrong. I was asked for £2.50. When I challenged this, I was told its because the take away was using "large" rolls.

Interested in what other moneysavers think????

arcon5

Not really. If they've displayed a price and you've ordered it then that's the price. You could have refused to complete the transaction

unholyangel

arcon5 wrote: »

Not really. If they've displayed a price and you've ordered it then that's the price. You could have refused to complete the transaction

Although TS and ASA may be interested in their trading practices.

nomoneytoday

I would have offered them £2 or walked away

OlliesDad

nomoneytoday wrote: »

I would have offered them £2 or walked away

Indeed, especially if it has already been made.

Voyager2002

The law is on their side, I am afraid. A shop is not obliged to sell an item to you at the marked price.

bod1467

arcon5 wrote: »

Yes really. If they've displayed a price and you've ordered it then that's the guide price. The price on the till is the "invitation to treat". You could have refused to complete the transaction

Edited for accuracy (IMHO).

Owain_Moneysaver

bod1467 wrote: »

Edited for accuracy (IMHO).

No, if the price is displayed and you offer to buy the implied term of the contract is you are buying at the displayed price made known to you before you made the offer. The display of the price by the seller is the invitation to trade.

What price appears on the till is the retailer's internal operational matter and has no contractual significance.

If the price displayed is clearly an error then no contract is formed as the retailer has no intention of actually selling that telly at £9.99 instead of £999.

It is an offence under the Price Marking Order to display a false or misleading price indication. There are particular requirements for menu/price display for food and drink sellers.

arcon5

bod1467 wrote: »

Yes really. If they've displayed a price and you've ordered it then that's the guide price. The price on the till is the "invitation to treat". You could have refused to complete the transaction

Edited for accuracy (IMHO).

Sorry, you're wrong. In fact, way out i'm afraid. Their invitation to treat is the menu board - ops offer is made at the till - they've accepted this offer and subsequently prepared the food. A contract at this point has been created, except now they are changing the terms of the contract by changing the price.

bod1467

So how does that differ from a shelf-end label in a supermarket showing a different price to what is in the till? Whilst most supermarkets will honour the label price (if it is lower) they don't HAVE to.

This has been discussed several times before, particularly the supermarket scenario, and the consensus has always been that the till price is what matters - THAT is the invitation to treat. This scenario in a takeaway is no different.

photome

bod1467 wrote: »

So how does that differ from a shelf-end label in a supermarket showing a different price to what is in the till? Whilst most supermarkets will honour the label price (if it is lower) they don't HAVE to.

This has been discussed several times before, particularly the supermarket scenario, and the consensus has always been that the till price is what matters - THAT is the invitation to treat. This scenario in a takeaway is no different.

I think (but dont know) that it is different.

I would have have either paid the £2 or left it on the counter