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  • FIRST POST
    • Former MSE Wendy
    • By Former MSE Wendy 24th Jun 08, 12:51 PM
    • 868Posts
    • 1,782Thanks
    Former MSE Wendy
    Nerdy Note: Mispriced beans
    • #1
    • 24th Jun 08, 12:51 PM
    Nerdy Note: Mispriced beans 24th Jun 08 at 12:51 PM
    If a 40p can of beanís mispriced at 4p
    They donít have to sell it at that price

    If somethingís genuinely mispriced you canít demand its sold to you at that price. Until youíve paid for it the Ďcontactí isnít concluded. Though of course, thereís no harm in asking for it at that price. Yet if a company is deliberately and systematically mispricing to unfairly attract customers, its actually a criminial offense, and should be reported to Trading Standards.

    Click 'post reply' to discuss below.

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Page 1
  • silvercarmel
    • #2
    • 24th Jun 08, 10:49 PM
    mispriced
    • #2
    • 24th Jun 08, 10:49 PM
    And if its wrongly priced and they dont sell it to you, they have to take all those off the shop floor for 24 hours
  • silvercarmel
    • #3
    • 24th Jun 08, 10:50 PM
    • #3
    • 24th Jun 08, 10:50 PM
    wow I was the first to post GOOOOO MEEEE
    • Neo08
    • By Neo08 24th Jun 08, 11:38 PM
    • 65 Posts
    • 45 Thanks
    Neo08
    • #4
    • 24th Jun 08, 11:38 PM
    • #4
    • 24th Jun 08, 11:38 PM
    I was always under the impression that if it is mispriced, they dont have to sell you it at that price as long as they are all removed from sale at that time. Once the price has been corrected they can be put back out for sale.

    I was told this by someone that works in retail but i've always wondered if this info was correct. They never mentioned anything about it being removed for a set amount of time. Mind you, it was a while back i was told this so things might have changed since then.
    • AHAR
    • By AHAR 24th Jun 08, 11:50 PM
    • 969 Posts
    • 661 Thanks
    AHAR
    • #5
    • 24th Jun 08, 11:50 PM
    • #5
    • 24th Jun 08, 11:50 PM
    Many years ago Dell somehow managed to list 19" TFT monitors on their website for about £340 I think - this was back when they cost £800+ (Inflation? pah! ) I ordered a couple but because they never confirmed the order or took the payment they didn't have to sell them to me. They phoned a day or so later to explain it was a mistake.
    Someone else I know had more luck with Kodak when they mis-priced a digital camera for £100 instead of £300+ on their website and the order was processed beyond the point they could legally back out of.
  • midflight
    • #6
    • 25th Jun 08, 8:41 AM
    • #6
    • 25th Jun 08, 8:41 AM
    If a 40p can of bean’s mispriced at 4p They don’t have to sell it at that price
    Agreed.

    I have one question:

    Do the rules change if the price has actually been advertised somewhere?

    (for example, on TV or in a newspaper, rather than just a wrongly priced item in a shop)

    I'd prefer a definitive answer if possible, rather than people speculating, as you can ask this question on any forum you care to choose and I guarantee you will get at least 23 different "correct" answers...

    SKIPS STONES FOR FUDGE
    • A.Jones
    • By A.Jones 25th Jun 08, 8:52 AM
    • 506 Posts
    • 441 Thanks
    A.Jones
    • #7
    • 25th Jun 08, 8:52 AM
    • #7
    • 25th Jun 08, 8:52 AM
    Do the rules change if the price has actually been advertised somewhere?
    Originally posted by midflight

    No, it doesn't. An advertisement is not a contract. It is illegal if a company deliberately misprice in an advertisement, but not if it is a mistake.
    • hollydays
    • By hollydays 25th Jun 08, 9:03 AM
    • 17,786 Posts
    • 13,907 Thanks
    hollydays
    • #8
    • 25th Jun 08, 9:03 AM
    • #8
    • 25th Jun 08, 9:03 AM
    Can we possibly get through this without someone using the phrase "invitation to treat",just to prove they are superior to us mere mortals?
  • midflight
    • #9
    • 25th Jun 08, 9:23 AM
    • #9
    • 25th Jun 08, 9:23 AM
    As a side note, I'd be interested to learn the difference between "in person" (eg in a shop or over the phone) & online transactions (ie an automated system), given that the actual point of purchase is more vague online...

    Someone else I know had more luck with Kodak when they mis-priced a digital camera for £100 instead of £300+ on their website and the order was processed beyond the point they could legally back out of.
    I assume you're referring to this story?

    http://www.dvd.reviewer.co.uk/news/feature.asp?Index=5265

    Which raises the interesting question, at what point does an online transaction reach the point of being a "contract" (on screen confirmation? email receipt? when they charge your card? etc). There are answers suggested in that article, but it's from 2002 and admits there are still grey areas. Anyone know the latest?
    Last edited by midflight; 25-06-2008 at 9:43 AM. Reason: clarification
    SKIPS STONES FOR FUDGE
  • Ben Clay
    So, if you knowingly buy a tin of 40p beans from Tesco for 4p - good on yer!

    What if you buy a laptop for £3.99 instead of £399 by keeping quiet at the checkout of a small town computer shop. After which the manager stops you as you are leaving the store explaining it 's a junior cashier's error. Legally right but morally? Is this one for the Money Moral Dilemma?
  • Ben Clay
    Which raises the interesting question, at what point does an online transaction reach the point of being a "contract"?
    Originally posted by midflight
    My wife's internet selling site has a long, boring Terms and Conditions page defining when the contract is completed. Most selling sites will have something like that but I'm not sure what the case is if they don't.
  • laurenced
    Not sure why the word contract is in single quotes in the email, because a contract is exactly what it is (or will become)...
  • christopherlondon
    Curious the interest in this topic - if a shop displays something at a price and continues to display it at the same price after the error has been pointed out theoretically you can demand to pay that price and if they don't they would be committing a trading standards offence.

    However, and there is always a however, the shop cannot be forced to sell you any item (its just a business not a court of law for g**s sake) so it is acedemic as all they have to do is withdraw the items from sale.

    Now I have tested this in Boots and did get the lower price as I gave the manager the choice of selling me the item at the incorrect lower price or withdrawing the entire shelf of stock immediately rather than risk the Trading Standard complaint.

    As the amount saved was only £12 I guess the manager decided it was easier to let me have the item at the displayed incorrect price than have to get someone to withdraw the entire shelf from sale then have to put it all back at the correct price. ( I was going to make them do that as an alternative to a Trading Standards complaint - what a b****rd you may say but I was having a bad day and felt I had been tricked into buying something that seemed to be at a bargain price only to be told after queuing for 10 minutes at the till the price was £12 higher) - I think therapy is really helping now)

    So the bottom line is if it is an error you cannot force them to sell to you at an incorrect price but sometimes you can talk your way into getting it but it may be that you need to get out more if it is only for a couple of quid!! (It took me about 15 minutes of discussion to save £12 - sad aren't I!!)

    Nurse, can you take be back to my therapy group now!!
  • peedy-wessex
    Not sure why the word contract is in single quotes in the email, because a contract is exactly what it is (or will become)...
    Originally posted by laurenced

    Actually it was double quotes. Does this make a difference?
    Nice to save.
  • peedy-wessex
    actually it was double quotes - does this make a difference?
    Nice to save.
  • dinesh17
    My understanding, having worked for a high street jeweller which was notorious for mispricing (unintentionally mind, the items were so small it was easy to get mixed up!), is that an item is an Invitiation to Treat whilst on display. This means you can make an offer for an item, regardless of the price it is on display for and the retailer is not obliged to accept.
    This changes, however, once the salesperson begins entering the item into the till as it means the company has accepted your offer (which is obviously the price you see on display). If the till then says the price is x instead of y, the retailer still has to accept your offer and cannot back out.
    Another caveat to this was if the difference was greater than 30%, the retailer could back out and take the items off display for 24 hours.
    If the retailer realises the item is wrongly priced before entering it into the till, they can withdraw from sale for 24 hours and dont have to honour the price.
    These rules applied in 2000, not sure if things have changed now.
    • asea
    • By asea 25th Jun 08, 1:04 PM
    • 1,275 Posts
    • 2,311 Thanks
    asea
    I'm not sure that the original post will make any difference to the dishonest opportunists on here who hunt out misprices to make a quick buck at the expense of retailers!
    nothing to see here, move along...
  • Notareargunner
    Curious the interest in this topic
    [quote=christopherlondon;11987117]Curious the interest in this topic -
    The big problem most people have is that they do not realise that a simple transaction of buying from a shop is an essential part of contract law. The legal words, invitation to treat, consideration etc. are common used actions whereby the two parties are undergoing what ancient history understand within the Law.
    What Martin Lewis and other TV pundits have been trying to explain is that just because a shopkeeper puts up a price, that price is a given. We have lost the art of haggling and an old fashioned hand shake is still a man's word amongst some communities in this country.
    There are many cases of shopkeepers, having made a mistake, being willing to withstand that loss on the odd occasion. Too many contributers do not recognise the good will gesture of decent shopkeepers for the almost malicious, fraudulent activity of a greedy shopper.
  • Escaped teacher
    Mispriced beans
    I work for M&S and our policy is to always honour whatever price is on an item, whether it is correct or not.
    • hollydays
    • By hollydays 25th Jun 08, 2:02 PM
    • 17,786 Posts
    • 13,907 Thanks
    hollydays
    I work for M&S and our policy is to always honour whatever price is on an item, whether it is correct or not.
    Originally posted by Escaped teacher
    ..I think not..
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