Can they/Should they do this?
- Thread starter ColonelCage
- Start date
Soldato
Don't forget to bill them for the inconvenience, of course.
Soldato
You are both technically right, just different situations 
Companies can't 'false advertise' but then they are not legally forced to sell it at that price either. A contract is a contract, not an advertisement.
Companies can't 'false advertise' but then they are not legally forced to sell it at that price either. A contract is a contract, not an advertisement.
Popcorn time.
Man of Honour
An advertised price is an invitation to treat (an invitation to make an offer at the advertised price), i.e. a starting point to negotiations.
You are effectively making the shop keeper an owner for the advertised price - but they are well within their rights to reject that offer, perhaps if there as been a genuine mistake in pricing. The only time it can be false advertising is if there has been a deliberate attempt to mislead.
Soldato
In UK law there is no legislation stating any business must sell a product at an advertised price, regardless of the situation, no contract is made until money changes hands, any advertised price is an "an invitation to treat", nothing more.
J4K3 M I challenge you to produce anything stating otherwise, I can list several very reputable websites that state exactly what I said above.
The only time there would be any legal ramifications for a miss priced item is if it was priced purely to mislead.
Anyway, this is all irrelevant, the OP has already bought the items, money and goods have changed hands, they can't charge him further for them.
J4K3 M I challenge you to produce anything stating otherwise, I can list several very reputable websites that state exactly what I said above.
The only time there would be any legal ramifications for a miss priced item is if it was priced purely to mislead.
Anyway, this is all irrelevant, the OP has already bought the items, money and goods have changed hands, they can't charge him further for them.
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Soldato
Pass some over here.
Let's hope he's not made a hole in the bottom of the bucket!
Soldato
And charge them for storage of those goods too.
Caporegime
How can they charge your card? I thought that they were unable to hold on to your card details for longer than is relevant to their purpose. 14 months is taking the **** to have hold of your details.
Man of Honour
Hark at you.
It's an offence to knowingly advertise holidays at prices that are not available at all (the same goes for any product) or not available at that price.
The key word there is "knowingly" - prices on Viewdata, as you know Mr Travel Diploma, are live and subject to change so if the tour operator changes the price the agent should change their price accordingly to reflect this immediately when they are made aware of the change.
Of course it would be up to a court of law to decide if the consumer was being deliberately misled (offence) or if the holiday had just been changed in price by the operator and/or sold out (not an offence)
Once you've paid the amount set out in the original contract (as shown on the invoice/reciept) and the goods have been shipped (the act of shipping the goods is the final handshake so to speak) they absolutely can not charge you extra (unless set out as a clause in the contract - for normal retail its unusual for such extra charges to exist). Any attempt by them to charge your card for additional money above the terms of the contract - even if they made a mistake on the contract - is theft.
Caporegime
Have you not quite realised yet that schools dumbs down nearly everything that isn't a simple fact. The tricky part is where they teach you something as a fact when the reality is that you are merely being taught the simplest explanation.
Man of Honour
Theft ?
I would say more of a civil dispute.
I would say more of a civil dispute.
Depends a little on the circumstances, accidental overcharging, etc. does exist - which would be a civil dispute and usually resolved as such.
Attempting to take unauthorised extra money after a contract is complete because you accidentally undercharged is walking a fine line and will potentially be handled as fraud and/or theft - which is both a criminal and civil law violation.
It would be like them slipping £5 out of your wallet/purse when you weren't looking then saying - hey last time you shopped with us we accidentally undercharged you £5 on your purchase.
Attempting to take unauthorised extra money after a contract is complete because you accidentally undercharged is walking a fine line and will potentially be handled as fraud and/or theft - which is both a criminal and civil law violation.
It would be like them slipping £5 out of your wallet/purse when you weren't looking then saying - hey last time you shopped with us we accidentally undercharged you £5 on your purchase.
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- Joined
- 7 Apr 2010
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- 89
I remember discussing this with someone I know in retail, from what I understood if they display a price on an item and you go to buy it, and they sell it at that price. They can't turn around after and say oops I charged you the wrong amount, the displayed price is the price you paid end of story. Once you have the item and money is exchanged deal done.
If I'm not mistaken they could be fined if they display a price and then do not honour it, this was what we were discussing and either it was due to happen or has happened, I don't know.
I think this is why you might often see prices with "from x amount" or "starting from" displayed, like at a car dealership.
That said, my problem I have no idea, grey area?
If I'm not mistaken they could be fined if they display a price and then do not honour it, this was what we were discussing and either it was due to happen or has happened, I don't know.
I think this is why you might often see prices with "from x amount" or "starting from" displayed, like at a car dealership.
That said, my problem I have no idea, grey area?
Associate
They surely cant take payment after 14months even with buying things on cards you only have 90day or something to notice if it was wrong, you could try a civil suit but thats just going to cost you a arm and a leg.
i'd stop the payment or get the payment back through bank and dispute the claim
i'd stop the payment or get the payment back through bank and dispute the claim
Hahaha
Quick! To the portfolio-inspection-mobile!J4K3 M - stop your colonic outbursts, things are not as black and white as your portfolio