Can a sale item be increased in price and still be in the sale?

D-rizzle

Hi, I was comparing laptops and found a nice HP one for sale on the Currys/PC World website. It stated it was reduced from £379.99 to £329.99 with a great big Sale sticker next to it. Seeing that their sale would end the following week I thought I could buy one at the weekend. I checked the website again the night before I went in and noticed that the price had been increased back to the original selling price of £379.99 but they still had the Sale sticker emblazoned across it.


I visited the store and queried it with staff but was told that they can change the price the very next day. This fact I know, but what has confused me is how they can still advertise the product as a sale item yet add £50 back onto the price. The staff seemed unsure about that one when I showed them the website.


Is this a common issue and, more importantly, is this legal? Thanks.

unholyangel

It may fall under the consumer protection from unfair trading regulations - some practices are outright prohibited, everything else is based on whether its likely to mislead the average consumer and distort their economic behaviour. It can be misleading by action or omission.

You can of course, report this to trading standards and/or the ASA. But they'll likely add it to the list of complaints they already have about the retailer. Its rare for them to take action over a single incident and it won't force them to sell for the cheaper price.

lincroft1710

If the price at some time in the past had been e.g. £429.99 then when priced at £379.99 it would still be a Sale item

unholyangel

lincroft1710 wrote: »

If the price at some time in the past had been e.g. £429.99 then when priced at £379.99 it would still be a Sale item

Pricing guidelines:

1.2 Comparisons with the trader's own previous price
General
1.2.1. A comparison with your own previous price should in general be with your
immediately previous price for the product. If the comparison is with an earlier price,
you should make the basis of the comparison explicit (see para. 1.2.4, or in the case
of a series of reductions, para. 1.2.11). And if you have offered the product at a
lower price for any significant period in the interval (lower, that is, than the price at
which you now intend to sell it), this should be stated. What might constitute a
significant period will depend on all the circumstances, but a single period not
exceeding a week in a six-month interval, or two or three periods of a weekend each
in a six month interval, would be unlikely to be significant.

1.2.3 As noted in para. 1.1.2, the basis of a price comparison should be reasonable
in terms of time, and what is reasonable will depend on the circumstances. But
where the basis of the comparison is not set out explicitly;
(a) A price used as a basis for comparison should have been your most recent price
available for 28 consecutive days or more;

(c) Comparisons should not be made with prices last offered more than six months
ago

That is why you'll often see retailers like argos have previous sale prices with dates next to them.

The pricing guidelines are enforced via the CPRs (consumer protection from unfair trading) which I mentioned above.

dacouch

I would not buy a HP lap top as I've made that mistake before and would never buy one again, especially not from PC/Currys

bod1467

Both daughters have HP laptops - no problems at all.

Incidentally, both were also purchased from Currys/PCW.

D-rizzle

dacouch wrote: »

I would not buy a HP lap top as I've made that mistake before and would never buy one again, especially not from PC/Currys

My previous laptop was HP and has lasted very well. I would always recommend either an HP or Dell PC as it is easier to update software/hardware than say with an Acer or Toshiba. Finding drivers for those PCs can be a nightmare.


As for purchasing from retailers, Currys are probably no different than any other shop. They all have their faults.

D-rizzle

Before joining this forum I thought I would contact Citizens Advice and test the waters. I have since had a reply:


Your rights and obligations

UK civil law includes a principle known as ‘invitation to treat’ which means that when trader displays or advertises a price on any goods or services they are willing to supply to any potential customer, they are inviting the potential purchaser to offer the asking price. When the purchaser makes the offer, the trader then has the right to decide whether they accept that offer or not. Therefore up until an offer is accepted a trader can refuse to sell the product; or could ask the potential purchaser to pay an alternative price. Once the purchaser is made aware of the price the trader is willing to accept, it is then up to the purchaser to make a buying decision. As such, the purchaser could try and negotiate a price, or refuse to go ahead with the purchase. Only once a price is agreed by both parties, would that price be deemed reasonable and legally binding.

Therefore legally speaking the trader can change and alter the price when they wish, it is then down to you to determine if you wish to purchase this item at this price or not.

We appreciate that this information can seem contradictory, but a potential criminal offence will not always affect or influence someone’s civil position.


Your next steps


Before taking any further steps we would suggest that you check to see if this company is a member of alternative dispute resolution scheme (ADR), If they are, we would advise to follow the process in place for this particular scheme. To find out if the trader is a member or not, we would advise to check their website or alternatively ask them directly.
The ADR scheme can be used as an alternative to taking a trader to court and they are in place to help with negotiations between yourself and the trader.
Please be aware the traders are not legally obliged to have to use the scheme, and they don’t have to be a member of a scheme, however if they are a member of a scheme they are obliged to have to disclose this information.
If the trader is not a member of any ADR scheme, then we would advise to take a more formal approach and address them in writing. We would suggest obtaining proof of sending the letter/email and keeping a copy of any contact – this may help you prove that you have contacted the trader and tried to resolve the matter amicably.
We would advise you outline any relevant events regarding this issue and make it clear what you expect from the trader and why. It should also give the trader a reasonable time to resolve the matter.

What we will do


As this could be seen as misleading and may be in breach of the law. As such, the information you have provided will be passed to Trading Standards for further consideration and, if necessary, further action. Trading Standards may contact you for further information if they deem it necessary.

Semple

So CAB are basically saying the retailer has the right to change the price as they see fit. It only becomes legally binding when you've both agreed on a price.