Yes, but they cannot overide your rights as a consumer as stated in the consumer protection act, sorry for not being at all clear in what I meant
Are they allowed to do this?
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Yes, but they cannot overide your rights as a consumer as stated in the consumer protection act, sorry for not being at all clear in what I meant
As above, I disagree.
?
Maybe I'm not following something...
But a contract is made at the point the retailer takes the funds - T&C or not - a contract to either supply the goods as advertised in working order or a complete refund of that money... this is enshrined in law and no amount of T&C can over-ride it.
Seems to cover everything in this thread...
Maybe I'm not following something...
But a contract is made at the point the retailer takes the funds - T&C or not - a contract to either supply the goods as advertised in working order or a complete refund of that money... this is enshrined in law and no amount of T&C can over-ride it.
Seems to cover everything in this thread...
Frankly, I sucked at contract law. But this is a situation where it's worth pushing, in a polite, friendly and firm manner. They can write whatever they want in their T&Cs but, as already said, it doesn't make it law.
The "no contract until actually dispatched" is hodgepodge. There's a clear offer, and there's clear acceptance (the consideration being taking cash from your bank account). The "under priced by mistake" section isn't relevant to this situation. It wasn't a mistake. It was an offer they later withdrew. Your situation is quite different to under pricing something accidentally.
Point these things out politely, and see what they say. Don't quote the law at them if you can.
PS, as for that bit being hodgepodge, see the Sales of Goods Act 1979 s.2(1)
A contract of sale of goods is a contract by which the seller transfers or agrees to transfer the property in goods to the buyer for a money consideration, called the price.
And as another note, a lot of this stuff was interpreted later in the courts. Nothing's absolute...
The "no contract until actually dispatched" is hodgepodge. There's a clear offer, and there's clear acceptance (the consideration being taking cash from your bank account). The "under priced by mistake" section isn't relevant to this situation. It wasn't a mistake. It was an offer they later withdrew. Your situation is quite different to under pricing something accidentally.
Point these things out politely, and see what they say. Don't quote the law at them if you can.
PS, as for that bit being hodgepodge, see the Sales of Goods Act 1979 s.2(1)
A contract of sale of goods is a contract by which the seller transfers or agrees to transfer the property in goods to the buyer for a money consideration, called the price.
And as another note, a lot of this stuff was interpreted later in the courts. Nothing's absolute...
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The thing is, they're offering a complete refund, but that's not what I want.. it solves the problem for them, but not for me
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Caporegime
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by OP said:
They've offered him this option already. This is not what we're discussing.
The thing is, they're offering a complete refund, but that's not what I want.. it solves the problem for them, but not for me
Anything else would be a good will gesture on their part - they've done everything they are obligated to do... everything else being discussed seems arbitary.
Associate
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I don't mean to be rude but you should perhaps go back and study contract law
Although this is more in the realms of commercial law and there is indeed a wealth of literature on the matter.A contract is formed when the parties intend it to be formed. The terms and conditions of your offer are exactly that - the terms on which you will contract. There is (generally) no contract if you don't intend one to come into existence and if you make it clear that no contract will be formed until X happens then, unless overridden by statute, that's what the outcome will be.
legally, a retailer is allowed to change the price of a product after you've bought it and ASK you if you're willing to pay the updated price. you can, of course, refuse.
remember the Hoobaloo a few years ago when Argos were selling big CRT TV's for £1.99 on their website by mistake? that set legal precedent for this situation, i think.
remember the Hoobaloo a few years ago when Argos were selling big CRT TV's for £1.99 on their website by mistake? that set legal precedent for this situation, i think.
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I don't mean to be rude but you should perhaps go back and study contract law
A contract is formed when the parties intend it to be formed. The terms and conditions of your offer are exactly that - the terms on which you will contract. There is (generally) no contract if you don't intend one to come into existence and if you make it clear that no contract will be formed until X happens then, unless overridden by statute, that's what the outcome will be.
I accept all criticism
. In this case then, why is it not overridden by statute?
I remember back in the day I got a parker pen for £0.50 because someone had put the wrong price tag on it. I offered to pay the propper price but the shop refused, telling me I had to pay the reduced price as that is what is was advertised as..
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I accept all criticism
Good attitude
The SOGA doesn't actually deal with when a contract is formed per se, it covers when there is a contract of sale i.e. a contract to which the Act applies. It's a subtle difference but significant.
"A contract of sale of goods is a contract by which the seller transfers or agrees to transfer the property in goods to the buyer for a money consideration, called the price."
The first part of that sentence gives it away, "A contract...is a contract..."
Circular definition if it was trying to define the existence of a contract in the first place.
The Act does give statutory clarification as to passing of title etc. but it doesn't change or even clarify the basic doctrine of contract formation.
Thus the principles of intention/condition offer apply and the T&Cs govern the legal relationship.
The shop were wrong. They don't have to charge you a set price just because that's what it's offered at.
You got lucky
Associate
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A potent reminder to why I decided not to go any further with law!
Thanks for the clarification
No probs, I just wish I'd done the same...
Hang on a mo, didn't a guy on here get a bargain xbox bundle the other day due to a pricing error and everyone was telling him he was safe because they'd taken his money and that was what formed the contract?
Seems to be exactly the opposite advice being given this time.
(i'm probably totally wrong, feel free to point and laugh)
Seems to be exactly the opposite advice being given this time.
(i'm probably totally wrong, feel free to point and laugh)
The shop were wrong. They don't have to charge you a set price just because that's what it's offered at.
You got lucky
I've had a similar experience a couple of times recently. Co-op had a BOGOF offer on coke I believe, the offer had ended but the sign was still out and they said they had to give me the second one free, though all I said was "Oh, thought they were buy one get one free."
Similar happened at Asda when buying a PS3 game. A completely wrong price was advertised on the tag and they had to give it me at that price. Maybe I just got lucky twice.
Associate
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a shop does actually have to offer the price they are advertising the item at otherwise its a breach of the trade descriptions act. but they can also refuse service to anyone, most companies will not use that loophole as it is bad customer service unless its a serious price screw up.
Soldato
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Most of the time it's just less hassle to give you it at the wrong price if it isn't that big a difference. I get it all the time in work. "You have to sell me it at that price" well...no I don't. They get arsey......I get the manager......he gives in eventually to save hassle. Repeat.