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ketch e2 Member 6770 forum postsketch vcard Turks and Caicos Islands50 Constructive Critique Points
13 Jan 2011 - 8:02 PM

Yep but its not as simple as it appears because it is against the law for the shop to advertise (and that includes to make an invitation to treat) at a certain price and then to charge a higher price when it comes to the transaction. In such circumstances then it is appropriate to involve Trading Standards and this is the real reason why most shops will in fact honour the (mis)priced figure. If they don't then they are guilt of misleading advertising which is illegal.

Their fallback is to refuse to trade at that price - which as correctly noted above they are perfectly entitled to do (unless they are a restaurant or a petrol station I believe) but in doing so they are admitting that they have been misleading and so will be open to such a claim.

In such circumstances even where the error is significant it is worth pushing the retailer and the not idle threat of Trading Standards - in my experience even the biggest high street retailers will go with the sale.

Cheers

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Sland
Sland  7225 forum posts Scotland
13 Jan 2011 - 8:15 PM


Quote: Yep but its not as simple as it appears because it is against the law for the shop to advertise (and that includes to make an invitation to treat) at a certain price and then to charge a higher price when it comes to the transaction. In such circumstances then it is appropriate to involve Trading Standards and this is the real reason why most shops will in fact honour the (mis)priced figure. If they don't then they are guilt of misleading advertising which is illegal.

From Desktop Lawyer:
You can’t insist on buying a product for the displayed price if a trader prices a product with the wrong price in error (for example, “28 inch widescreen television for £39.90” instead of £399), unless the transaction has already been completed. The trader must nevertheless take immediate steps to rectify the mistake.

ketch
ketch e2 Member 6770 forum postsketch vcard Turks and Caicos Islands50 Constructive Critique Points
13 Jan 2011 - 8:26 PM

@ Sland

Nope you can't I quite agree - but you will have a case of misleading advertising - which is why I made my comments above. And there are stringent fines that can be applied. So if for example a retailer willfully advertised TV's for £39.90 and then refused to enter in the transaction because it was intended say to merely attract customers to their shop - that would be a serious issue. I think I did say that a retailer is entirely within their rights to refuse a sale however by doing so they can open themselves up to another charge.

thewilliam
13 Jan 2011 - 10:09 PM

Some traders pay the "bait and switch" trick. They advertise a real bargain or tell you a low price over the phone to entice you to visit the store. When you arrive, "all the old stock has been sold" and only higher-priced items are available.

A car accessory shop did that to me last week. I turned round and only needed to take one pace before a better offer materialised.

Overread
Overread  63768 forum posts England18 Constructive Critique Points
13 Jan 2011 - 10:43 PM

Ahh that is a different understanding to "bait and switch" than I've come across. The definition I've seen it used for is (mostly in the USA I note) shops (online only) which will advertise a way below market price for a product. You then make your order and as part of the process call (or they call you) on a phone number to confirm the order details - however at this point the salesman points out that the camera you've bought won't in fact come with the batteries - that its not a USA model - that the supplied accessories are inferior to some he's got just behind the counter etc.... They they try to hard sell you the accessories that should come with the unit at very inflated prices - the result is that if you do jump through their hoops you might get your order, but at a regular market, or (often) higher price. If you don't jump through their hoops your order ends up in the eternal back order (they still take your money though) and you have to chase them to cancel.

They are of course run out of rented apartments; office space; homes etc... and only operate so long before changing location and name.


However the method you describe I've known PCWorld to do in the past - really good deals on TV adverts and then when you get in the store - nope sold out; last one went this morning; but we've got these upgraded versions and only a few £100 more Wink

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