Refusing to sell at advertised price

[Smackbat]

Hi, I was in Sole Trader yesterday and wanted to buy a pair of shoes. The pair I chose were on display at £44.99, however when I got to the till they wanted £54.99. I said to the lady at the time that you have to sell at the advertised price, and her reason for not doing so was because it didn't have a sticker on it.

 

I argued that the law states you have to abide by the advertised price, however she wasn't going to agree. Eventually I took her name, position, and details of the shoe and said I would complain to the Office of Fair Trading. During which time she changed the tag on the shelf to show £54.99.

 

Do I have a case for complaint?

[hawk1979]

The shop can legally refuse to sell an item at a marked price if it's the wrong price. The shop need to make the change straight away or even have to remove i from sale for 24 hours. However i would still mention it to the head office and Trading Standards but i don't know what good it would do.

[MrShed]

There is no legal right to have the shoes at the advertised price. The price is an invitation to offer in contract law - it is not acceptance.

 

That said, I would still mention it to Trading Standards - not a lot they will do, but might as well notify them.

[blitz]

As she changed the price as soon as it was made aware, no offence has taken place. The law takes into account for human error (when putting tickets out etc), and a shop never has to sell a shop for a certain price (they can still sell the product for the higher price if you were made aware and accepted this price).

 

As the shop were obviously not trying to mislead you (they rectified their mistake) TS and even OFT won't do anything.

[lj5000]

Sorry to bring up an old thread but I have been through something similar recently. I have ACTUALLY bought two Hardrives from the internet with my card over christmas. Suddenly I get an email saying its been refunded as the price was wrong.

 

I understand they can refuse to sell at advertised price, but these people took my money, sent confirmation and THEN after a few days emailed me.

 

Do I have any ground to stand on? If so can someone please state the laws so I can understand?

 

Thanks

[Bookworm]

Internet sites will usually have it in their T&Cs that the contract will only be formed on despatch of the goods, precisely because mistakes can and do happen on websites. When you purchased the goods, you agreed to their T&Cs, including when the contract would be formed, so if they realised their mistake before sending the goods, then no, you don't have a leg to stand on.

[Zamzara]

Internet sites will usually have it in their T&Cs that the contract will only be formed on despatch of the goods, precisely because mistakes can and do happen on websites. When you purchased the goods, you agreed to their T&Cs, including when the contract would be formed, so if they realised their mistake before sending the goods, then no, you don't have a leg to stand on.

 

Personally I think this construction is impossible, as then the term itself would have no standing since no contract was made. Acceptance is defined by case law not what one party states amounts to acceptance. And if there were no contract, on what basis could they take payment?