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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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Original poster

To expect that, within reason I should pay the price a product is listed at, even if the retailer have got it wrong?

26 replies

electra · 18/02/2009 20:24

Especially when it's in the sale?

Now, my understanding is that as a consumer you cannot make a retailer charge you the price an item is listed at in the shop, however, a retailer could get into trouble for false advertising / marketing if they are selling things for a different price than they are displayed as.

I think it is very poor customer service to get to a till and find that you are expected to pay an extra £5, £10 or whatever than the item is priced as.

Obviously I don't mean that I should be able to pay 99p for something that clearly costs £99, but....

OP posts:

TheYearOfTheCat · 18/02/2009 20:34

I think the term is that the price on the label is 'an invitation to treat' and so is not binding.

What was the item? Who was selling?

nancy75 · 18/02/2009 20:37

sale prices are often marked down by hand by the staff and like most people they do sometimes make mistakes. if it's a couple of pounds most shops would just let you have it, but if it's more they probably would be selling the item at a loss so would not sell it to you. shops are under no obligation to sell you anything if they dont want to.

kettlechip · 18/02/2009 20:39

I think the retailer is entitled to remove the item from sale if it's been genuinely mis-priced, but whenever it's happened to me they've sold it at the advertised price as a gesture of goodwill. We're only talking minor differences though..

OrmIrian · 18/02/2009 20:39

They can get into trouble if you don't get charged the price on the shelf edge or the price label, ie if the barcode has a different price against it. Trading Standards would be interested. But it might be that it is a genuine mistake which is going to cost them and it's up to you whether you pay it or not.

TheArmadillo · 18/02/2009 20:41

when I worked in shops we were told the price shown was the price to be sold at - the only way you could refuse to do it is if you could prove the customer had altered the price to pay less, they had misread the sign/price tag (so it actually stated that x item was for £x not y item), or if you removed the item off sale until you had changed all the prices.

Mostly as long as it wasn't too much a difference they would let the customer have it (but these were big chains not independants).

Pwsimerimew · 18/02/2009 20:45

That's happend to me too. Very annoying. This has really made me mad too: On the first of Feb DH and I found some beer keg on sale at Tesco for just under £20, but the best before date was end Jan 09. We took them to the till and offered to buy all 4 kegs for a fiver each (it was a rugby weekend and they couldnt sell them because they were out of date. Fair enough you think. But the following week they were still on the shelf!!! I tried to buy them again (reduced) and when they wouldn't, I complained to the manager, and told them that they were trying to cheat unsuspecting short sighted customers.
Sorry for taking over, wanted to get that off my chest for some time!

Itsjustafleshwound · 18/02/2009 20:50

But don't all adverts have the E&OE wording/small print??

here

Wilkiepedia · 18/02/2009 20:50

DH has done a degree which covered Sales of Goods Act 1973. Just asked him, and he said if an item has been accidently priced wrongly i.e. less than it should be, the shop are bound to sell you it at that price. No ifs or buts. If you have tampered with or altered the price then clearly they do not have to stick with that however, if it is THEIR mistake, they HAVE to give you it at that price.

HTH

redsplodge · 18/02/2009 21:42

From memory TheYearoftheCat is right (although my jt honours law degree is cough 19 years old) the price is called an "invitation to treat", you then offer to buy the item at that price and so the shop can decide whether to accept your offer or not. They are under no obligation to sell you the item at that price under contract law.

How sad am I that I can remember that from that long ago?

That said, refusal is poor for customer relations and if they're knowingly doing it then I'm sure Trading Standards would be interested.

Original poster

electra · 18/02/2009 21:43

Interesting......thanks for replies.

Well it was a top in the sale at Topshop - priced at £20 and when it was rung through the till the sales adviser said 'sorry it's coming up as £25'. I said that I felt under the circumstances she should sell me the item for £20 but she said that it was because of 'human error' which there was approved margin for. I asked her to give me the legislation that backed up what she was saying and all of a sudden she agreed to let me have it for £20 I know it's only £5 but I was in a mood where I didn't feel liked being blagged by someone lol! In the past where this has happened the shop has always honoured the price displayed.

OP posts:

Original poster

electra · 18/02/2009 21:46

redsplodge - yes that was what I understood to be true too. Goods are not subject to price control but I would say that it's very poor customer service to make the customer pay an extra £5 when it's in the sale anyway and is the retailer's fault.

OP posts:

ragd0ll · 18/02/2009 21:53

When i worked in retail, we were told if an item was incorrectly priced (human error) we had to remove it from sale for 24 hours, we didn't have to sell it at the marked price.This was much more expensive things though so don't know if that makes a difference?

redsplodge · 18/02/2009 21:55

Totally agree electra, it's really poor customer service.

If you're feeling up for it you could always ask for the manager and/or threaten to boycott them for ever more, but I'd probably only do this when I have PMT! I have been known to defer complaints until I know I will have PMT and I'm better at Countdown then too. Should I start a new "hooray for PMT" thread?

mm22bys · 18/02/2009 21:59

Yep, I was under the impression that a vendor was obliged to sell the goods at the price it's marked at, but no, others here are right, it is an "invitation to treat" that the shop is well within its rights to reject.

It happened to me, that's how I know. I was going to buy a dress from French Connection for about £60, they wanted closer to £100. So they ended up with nothing, and I ended up with something from another shop!

Bakersman · 18/02/2009 22:23

Its so annoying!
I bought something online from M&S recently for £80 and when it arrived it had a price tag saying it was on sale for under £65. I wasn't impressed and called their customer services who said no its the price you paid, that was a pre Xmas special. After firmly stating my case and being told I could send it back if I wasn't happy, I spoke to the supervisor who eventually refunded the difference.

Original poster

electra · 18/02/2009 22:55

Too right Bakersman! That would have been awful if they refused to refund you the difference there. In my case the sales assistant eventually agreed to let me have the item for £20 but she was pretty grudging about it.

OP posts:

kslatts · 19/02/2009 08:31

I think generally larger stores should give it to you for the price on the tag, a couple of years ago we went to the ELC, dd's had some pocket money to spend, dd1 choose a small craft kit that was in the sale and marked up at £1.99, she took it to the till with her own money when it went through the till it came up as £3.99, she only had £2. The Sales Assistant said they had to charge £3.99, I then spoke to the Assistant Manager who refused to let dd have the item for £1.99, I explained that it wasn't very fair that dd1 had spent ages choosing something and then couldn't buy it because someone had marked it wrong and as it was only £2 difference I thought they would let her have it for £1.99, she refused and was really rude. Dd eventually choose something else.

When I got home I called ELC Head Office and explained what had happened and they confirmed that the Sales Assistant should of let dd have it for the price on the tag and sent us a £5 voucher.

Original poster

electra · 19/02/2009 10:15

Yes that kind of situation is what I'm referring to. Obviously I wouldn't want to blatantly take the p but I think that generally in a high street store, the label price should be honoured, particularly when it's a sale item.

The situation described by kslatts is appalling - your poor dd How mean spirited of the assistant manager!

OP posts:

Katiestar · 19/02/2009 10:22

Poor customer service
But the shop is making an invitation to treat
Customer makes an offer to buy which the shop can then accept or refuse.

Sheeta · 19/02/2009 10:37

When I worked in sales there was a handheld PC that had accidentally been marked down by about £200!! Because it was in a glass cabinet and there was no way that anybody other than staff could have got to it, the shop had to honour the price

kslatts · 19/02/2009 10:47

I did consider just giving the extra £2, but it was the principle.

I was so angry that I did briefly consider just putting the £2 on the counter and walking out of the shop, but thought better of it as didn't want to show my dd's such a bad example.

I understand that the shop is making an invitation to treat and if I'd been on my own I would of just paid the extra or put the item back, I was just annoyed that dd was obviously upset and for the sake of £2 I would of expected a shop aimed at children to honour the price.

mayorquimby · 19/02/2009 11:06

it's an invitation to treat. there is no cntract as there has been no consideration on both sides.
it would be a case for the advertising or trade authorities if they had advertised in a paper/billboard as a means of getting people to the shop under false pretences.but not if the item was simply in store and priced wrongly.
as has been said most will sell for the price displayed and then correct the mistake immediately after the transaction as it's better for customer relations.
but thy are under no obligation to sell you anything let alone allow you to dictate the price.

nuttygirl · 19/02/2009 11:19

If they've marked it down incorrectly they don't have any obligation to sell it to you at that price...but I believe they have to remove it from sale for 24 hours.

If however you have paid for the goods (at the wrong price) and then say "Oh it says £20, you've charged me £25" then they HAVE to refund the £5 because they've completed the contract.

At least I think that's how it works.

Bakersman · 19/02/2009 17:02

So, nuttygirl that means M&S were wanting to break the law in my case, does it???

pariah · 20/02/2009 08:31

I don't dispute what MayorQuimby says and I know what the legal position is. But a high street retailer should be concerned enough about customer service not to expect you to pay an extra £5 at the till imo.

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