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Anyone know about consumer rights? I think I've been "Had"

5 replies

IDismyname · 02/09/2003 08:02

I went down to Gunwharf Quays in Portsmouth a few weeks ago. It's a brilliant Factory Outlet place.

I went into Lakeland (the leather and suede clothing shop) and looked at their stuff. All the labels on the clothes consisted of the original price which was then crossed out by hand, and the new price written in - cheaper, obviously!

A friend and I found these lovely coats and jackets in fake sheepskin, but the prices were not marked down. I asked the assistant why they hadn't been marked down, and she said that they had already been. There had been a mistake at the warehouse, and the pre printed labels on these coats already showed the markdown.

I queried this point (gently) several times with her, and her response was the same.

So, I get home, and think I can smell a rat. I call Lakeland in Guildford who are selling these coats at exactly the same price.

So, we were sold these coats on the understanding that they were marked down, and they wern't.

It's only our word against this shop assistants, so difficult to prove, other than I have the recipt, which only proves I bought the item.

What, if any recompense do I have?

Any Ideas?

Many Thanks

OP posts:
Mo2 · 02/09/2003 09:13

Not sure you have any, if you paid the price displayed on the ticket, whether it was 'marked down' or not. I think consumer rights are really just appropriate in this sort of case if a shop displays a wrong (lower) price on a ticket, then they are legally obliged to sell the item to you at that price.

willow2 · 02/09/2003 09:27

Worth calling Trading Standards - if this shop is marketing itself as a factory outlet that sells all its products at a discount then it is doing so under false pretences. You have the proof in that you have paid full whack for a coat. Might also be worth calling the management office for Gunwharf to find out what the rules are. You might find they are allowed to sell both discount and normal ranges - but if they aren't then you have proof (namely a full price coat) that they aren't playing fair.

IDismyname · 04/09/2003 09:49

Thanks for your thoughts. I spoke to one of the directors at Lakeland, who confirmed that yes, they do sell full price stuff in their factory outlet shops.

I said that she ought to speak to the manager, and the staff, and tell them that they need to tell the customers the truth.

She apologised, and offered a refund, which I refused (cos I LOVE my new waistcoat!).
It was naughty of them, and I told her she was lucky I hadn't reported them to Trading Standards.

I feel better now

OP posts:
SoupDragon · 04/09/2003 19:10

Mo2, I believe that's no longer the case. The shop can simply refuse to sell you the item now if it's been mistakenly marked down.

GeorginaA · 04/09/2003 20:30

SoupDragon, you are right - price marking comes under the law of "invitation to treat" - once they've taken your money it becomes a contract, not before.

It gets more complicated when it's an Internet Shop, especially as most claim that the automatic receipt of order is not a contract.

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