Pricing Error - leagally binding?
05 February 2007, 07:18 AM
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Pricing Error - leagally binding?
Hi,
A certain high street mobile phone reseller have mispriced a mobile phone (the one I want as it happens) to the tune of 300 quid cheaper than it should be
in their latest mag/flyer. Are the leaglly obliged to sell me the phone at that price? Or can they claim it as a mistake and tell me to go away? 
It is the correct price on their website BTW.
If this works out I'll let you know all the details, once I've got mine
Ian
A certain high street mobile phone reseller have mispriced a mobile phone (the one I want as it happens) to the tune of 300 quid cheaper than it should be
in their latest mag/flyer. Are the leaglly obliged to sell me the phone at that price? Or can they claim it as a mistake and tell me to go away? It is the correct price on their website BTW.If this works out I'll let you know all the details, once I've got mine
Ian
05 February 2007, 07:21 AM
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If they sell you it, then you can insist on the advertised price, but they don't have to sell you it. A bit like me saying my house is for sale for £1, but I'm not selling it to you.
05 February 2007, 07:28 AM
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I had a summer job at an elecrical retailers once and whilst there they did the same thing. Advertising in a newspaper a £49.99 game for £9.99. They stuck by their word, we sold loads that day! Shame e-bay wasn't around then, I could have made a fortune! 
I would have thought they would have had to honour the deal, but couldn't they say it was a 'one day' offer and that has now expired? If you get no joy from the store contact the head office, I would if you stand to save £300!
I would have thought they would have had to honour the deal, but couldn't they say it was a 'one day' offer and that has now expired? If you get no joy from the store contact the head office, I would if you stand to save £300!
05 February 2007, 07:38 AM
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Correct ........
Imagine if a number fell off a for sale price on a car windscreen. Would you expect to buy a £20,000 car for £2,000?
05 February 2007, 07:54 AM
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Check the small print, a lot of retailers are now putting a disclaimer in saying that they won't honour pricing errors as they are printing errors and out of their hands.
Give it a go though and good look!!
Give it a go though and good look!!
05 February 2007, 08:03 AM
#6
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Originally Posted by Community Legal Service Direct
What if something is marked with the wrong price?
If something is wrongly marked with a lower price, you can’t insist on buying it at that price. The law says that a retailer can refuse to sell anything to you, at any price, without giving a reason. But if a retailer sells you something at too low a price by mistake, they can’t later make you pay the extra, unless they can show you knew the price was wrong.
If something is wrongly marked with a lower price, you can’t insist on buying it at that price. The law says that a retailer can refuse to sell anything to you, at any price, without giving a reason. But if a retailer sells you something at too low a price by mistake, they can’t later make you pay the extra, unless they can show you knew the price was wrong.
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they then turned around and said they cancelled the order as it was a website error
05 February 2007, 09:15 AM
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Dont even bother with this one chaps. Ive just gone through a similar situation, my mother paid for a holiday, but the figures were wrong due to a mistake made by the travel agent. 30 days beofre leaving the cruise firm asked for more money as the numbers were wrong.
So, had to ring up trading standards / cab / etc.
I was told that in situations like this, this inital price is just an invite and not a promise. If you went to court, the judge would side on the seller. The sales of goods act only comes in with the level of care / professisms (sp?) is been questioned.
Whether right or wrong, the chances of you getting payment or the item for this price is so unheard of. The only way people do get it, is if the company feels the bad advertisment will be more costly than the actual loss of ££ on the item. This only happens with larger comapnies aswell.
So, to answer your question, no you will not get the item. Terms and condtions, and law state that inital price / advertisements are just an invite to buy, and if taken to court, you will not will.
In my situation, I tried to fight / claim against Bath Travel (W$NKERS never buy anything from them ), but they kept on at my mum until she secretly paid ! Still, Im now trying to get compensation, and thank my lucky stars that her house cover has legal protection, as they are paying for the solistor fees.
SBK
So, had to ring up trading standards / cab / etc.
I was told that in situations like this, this inital price is just an invite and not a promise. If you went to court, the judge would side on the seller. The sales of goods act only comes in with the level of care / professisms (sp?) is been questioned.
Whether right or wrong, the chances of you getting payment or the item for this price is so unheard of. The only way people do get it, is if the company feels the bad advertisment will be more costly than the actual loss of ££ on the item. This only happens with larger comapnies aswell.
So, to answer your question, no you will not get the item. Terms and condtions, and law state that inital price / advertisements are just an invite to buy, and if taken to court, you will not will.
In my situation, I tried to fight / claim against Bath Travel (W$NKERS never buy anything from them ), but they kept on at my mum until she secretly paid ! Still, Im now trying to get compensation, and thank my lucky stars that her house cover has legal protection, as they are paying for the solistor fees.
SBK
Last edited by sbk1972; 05 February 2007 at 09:21 AM. Reason: spelling
05 February 2007, 01:10 PM
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As I understand matters (not perfectly)...
You can order/buy something for the advertised price. If the seller decides that the price is wrong, they can refuse to sell it to you at that point as there's no contract at that between you, only an "invitation to treat" or an offer.
Once money has changed hands, IMO, any contract is executed. At that point you've got rather more going for you and again IMO, you should be able to force completion of the contract.
Holidays and services, however, are a minefield. Distance selling (internet, mail order etc) is another area of greyness....
J.
You can order/buy something for the advertised price. If the seller decides that the price is wrong, they can refuse to sell it to you at that point as there's no contract at that between you, only an "invitation to treat" or an offer.
Once money has changed hands, IMO, any contract is executed. At that point you've got rather more going for you and again IMO, you should be able to force completion of the contract.
Holidays and services, however, are a minefield. Distance selling (internet, mail order etc) is another area of greyness....
J.
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