Meet the Other Phone. Protection built in.

Meet the Other Phone.
Protection built in.

Buy now

Please or to access all these features

AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To expect M&S to honour wrongly priced item?

49 replies

lovemehols · 10/01/2011 23:34

I spent ages trawling through all the marked down items and had already bought a few things when, half hidden behind the pay desk I saw some boots. Three pairs, all on their own. They were hanging on a rail, set well away from the boots on sale for normal price. I found a pair in my size (well nearly my size)clipped on a hanger stating £15. A half size too big for me I figured they'd be fine as they were a bit of a bargain.
When I got to the till they came up as £35 which I queried. The assistant said they were marked up wrong and were not in the sale.
I asked for a manager to be called who, when he arrived, said he thought I had a valid point. However he was not the manager for that section - so he sent for a third body! When she came, she just echoed what the assistant had said and, though she accepted it was their mistake in pricing the boots wrongly she said that the full price had to be paid. The hanger with £15 on was for slippers!!
I was really annoyed, particularly when her only response was the corporate, inhuman repetition, "I hear what you're saying madam, but.."

After admitting their assistants had made the mistake I felt aggrieved that they would not honour the price displayed. I left the boots.
Am I being unreasonable?

OP posts:
cumfy · 11/01/2011 11:47

ilovecrips
same thing happened to me in Waitrose BOGOF which they wouldn't offer since they were nearly out of date and on saleShock

Have to shop at places with DIY checkouts.
Once got 6 packs of cakes for £0.00: they had a Buy 2, 50p off offer, but then were selling them at 25p each!
Would be very surprised to see them honouring that at the till.:o

cumfy · 11/01/2011 12:07

Fudgegirl

Google "invitation to treat".

I did. But what supermarkets are clearly making is offers not invitations to treat, surely?

So they in fact do have to honour.Confused

FudgeGirl · 11/01/2011 12:18

No they don't, no shop has to sell anything, to anyone, whatever price it is marked up at.

That includes whether it's on a shelf, a box, bag, bin, basket or locked display cabinet.

It might be good customer service to honour an incorrect price, but it's not the law. And the display of goods for sale is an invitation to treat, it's not an offer.

frgr · 11/01/2011 12:31

FudgeGirl i'm glad i'm not the only one who's trying to distinguish between what they legally have to do vs. what is good customer service.

They don't have to do anything, it's as simple as that

However, it would have been nice, you were just unlucky. Some shops will honour these things as a store policy, others won't. If you haven't heard, there have been quite a few bloopers with online shopping re: incorrect pricing in the past. Wasn't Amazon showing a TV at £2 or something instead of £200 a few years ago? They didn't have to fulfil the orders at the lower price (they just have to alert the customer and explain what the true price really is if the customer wants the item anyway)... but i think they did Shock There's another one from a few years ago that rings a bell.

My mum has spoken about a hoover offer when we were kids - hoover had on a promotion for holiday vouchers (or something like that) if you bought a hoover. but it was such a good deal that people naturally bought hoovers just to get the sweet holiday deal, causing a bit of chaos. I don't know if they honoured the vouchers with this error in shop judgement, but at the till they could have withdrawn the offer, I think, before proceding with the sale?

pumperspumpkin · 11/01/2011 12:39

The Hoover thing they had to go ahead and honour the vouchers (it wasn't a shop problem, it was failure to think through their marketing) - but I remember seeing on Watchdog they made it difficult for people for example by offering flights only from Manchester if you lived in Kent, and from Gatwick if you were from Scotland, that kind of thing.

Trouble with your suggestion is that Hoover could only have pulled the deal at the till point if they were doing the selling directly to the customer - in truth those vacuums with their vouchers had been sold wholesale to shops already who are selling them on.

With the internet offers where the price has been entered wrongly that's why the terms and conditions usually say the offer to buy is not accepted until you get a confirmation email or sometimes until it's been dispatched - clicking on a website to buy at a certain price is legally your offer to buy so the company can still refuse.

BuntyPenfold · 11/01/2011 12:44

I bought a huge joint of sirloin for £4.40 in Tesco. It had a sign saying 'this joint for...' and the price. The butcher said it was their fault for putting the wrong price on it, and sold it for that.
I guess Tesco can stand the loss though.

frgr · 11/01/2011 12:46

pumperspumpkin, that's a nice clarification on that, in that case :)

PocketMouse · 11/01/2011 21:32

whatever. When I worked in electrical retail I was told that was the rule, obviously I was misinformed.

KalokiMallow · 12/01/2011 14:04

pocketmouse I think a lot of retailers prefer to honour the price, just because of good customer service. However it isn't required. Obviously the company you worked for preferred to honour it as policy.

tyler80 · 12/01/2011 14:11

I'm not sure how this fits in with the "invitation to treat" rules but trading standards can fine supermarkets if they display incorrect prices. And they get fined per product so if one price label is wrong for beans they get fined per tin of beans.

NigellaPleaseComeDineWithMe · 12/01/2011 14:16

Supermarmarkets or others don't need to honour incorrectly priced goods.

Cumfy - I have in some cases bought stuff where the shop paid me in that way.

Bought a phoine through Quidco (different case) but the cash back was more than the phone cost me.

SeaTrek · 12/01/2011 14:17

I cannot see how they could realistically do anything else.

If they honoured the lower price then people could be swapping price tickets all over the place in a bid to get them cheaper. I guess they get plenty of peeople trying that anyway.

KalokiMallow · 12/01/2011 14:24

All the time seatrek

scarletbegonia · 12/01/2011 14:34

tyler80 - I think what you're talking about is if the till comes up at a different price to the label on the shelf which is slightly different to the original law behind "invitation to treat" which has been around for decades and stems from errors being made on the manual pricing of things in days of yore.

It will vary from store to store whether they will honour the price for the sake of customer relations.

Tbh I can see M&S's point on the boots.

tyler80 · 12/01/2011 14:41

But isn't the till coming up with the wrong price compared to the ticket on the boots almost the same situation?

Of course you're more likely to realise than one tin of beans in a week's worth of shopping.

KalokiMallow · 12/01/2011 15:43

No, as the price on the boots was due to the wrong hanger being attached, which anyone could have changed.

NinkyNonker · 12/01/2011 16:26

Even if they price the item itself incorrectly, or the shelf etc they don't have to sell. It used to be that they had to remove from sale for 24 hrs and put back at the higher price, don't know if that has changed.

nickelbabysnatcher · 12/01/2011 16:29

it's true - they can say "sorry, the price is wrong, we're removing it from sale"

most shops will honour the wrong price, out of goodwill, but I wouldn't do it for something with that big a discrepancy.
a couple of pounds (if it said £30 instead of £35), but no way for £20! Shock

FrequentNutter · 12/01/2011 16:31

YOu stated yourself you clipped on the hanger!

IAmReallyFabNow · 12/01/2011 16:32

I think you were wrong for looking behind the pay desk and taking them in the first place.

YABU.

LovelyJudy · 12/01/2011 16:35

frequentnutter - i think you are reading op's sentence in a way she didn't intend.

'I found a pair in my size (well nearly my size)clipped on a hanger stating £15.'

see what i mean? i think they were already clipped on, not that she clipped them.

nickelbabysnatcher · 12/01/2011 16:36

no, frequent she said she found the boots clipped on a hanger.

there were brackets in between to clrify the size issue.

KalokiMallow · 12/01/2011 17:04

NinkyNonker That is the case for if the store labels items wrongly (eg. price tickets which haven't been swapped) But isn't the case for items like in the OP where someone else could have swapped the prices over.

shelscrape · 12/01/2011 17:17

Sorry YABU.

Basics of contract law: Any goods displayed in a self service shop - like M&S or Sainsbury - have price tickets. The marked prices are "invitations to treat". in other words the shop offering their goods as being available to buy. When you pick them up and take them to the till you are making an offer to buy at a particaulr price - usually what is marked on the price ticket. It is up to the shop if they accept your offer or delcine it. The contract to sell is only complete when the shop accept your offer. You offered to buy at £15, the shop said they declined to accept your offer.

Leading case on this point is Pharmaceuticla Society of Great Britain v Boots Cash Chemist [1953]. i think it's on wikipedia if you want to look it up

New posts on this thread. Refresh page