View Full Version : A Criminal or Not...what is your verdict???
brokencross
24-Aug-05, 21:55
Needed a second phone for use upstairs, so I have just bought a "cheap" Cable and Wireless phone from Argos Stores. Did all the gubbins on the internet, reserved the product at my local store, checked the code number was correct and price £8-95. Toddled off and collected the phone, the girl who gave me the phone commented on the cheap price for the phone (I thought she was just making small talk so didn't pay much attention).
Gets home, looks at phone properly and blow me it is the wrong phone although the Argos code is correct. Went back on the internet and find I have a phone which actually costs £24-99 for £8-95. On closer inspection I found the original Argos code for the phone was covered over by a sticker with "my" £8-95 code. The original code is not now recognised by the Argos website.
I am fair chuffed because I have a far superior phone with an answerphone and lots of features I was not expecting.
What should I do, am I a criminal for not telling Argos or do you reckon it is an "end of line" item and I should just be grateful and say nothing. You are my judge and jury!!?
What should I do, am I a criminal for not telling Argos or do you reckon it is an "end of line" item and I should just be grateful and say nothing. You are my judge and jury!!?
IANAL but I can't think what law you could have broken.
Seems likely the phone you ordered was out of stock so they substituted one of the same or better specifications, I've seen plenty of adverts where firms reserve the right to do that.
If goods or services are advertised or priced at a fixed amount then you are legally entitled to buy at that price even if it is incorrect.In the trade it is commonly known as "Let the seller beware."
Think the same rules apply north of the border as south.
So just toast your good fortune and don't feel quilty.
Whitewater
24-Aug-05, 22:45
Several years ago I remember a pricing error in one of the local shops. 'Kenwood Chef' foodmixers which at that time sold for about £80 were priced at I think £24 which was the cost of its little brother the 'Kenwood Chefette'. one enterprising lady noticed it and phoned a few of her friends, within hours they were all sold. The shop realised its mistake after the sale of the third one but had to continue selling at the shelf price until that particular lot had all gone.
So brokencross you are not a criminal and yes Lizz the same law applies here.
Lizz I agree "Let Seller beware" brokencross enjoy the phone
If goods or services are advertised or priced at a fixed amount then you are legally entitled to buy at that price even if it is incorrect.In the trade it is commonly known as "Let the seller beware."
Think the same rules apply north of the border as south.
So just toast your good fortune and don't feel quilty.
I don't think that is true anymore. Goods displayed for sale are an "invitation to treat," you then make an offer to buy and the shop can accept or refuse your offer.
I think all stores will end up doing what they do in the US - they advertise a price on TV or in window, or on a sign and then they put a wee asterisk beside it... a wee asterisk like this one * but smaller, much smaller. So if you see something advertised for 8.95*
The asterisk means:
* Not available at this price anywhere. Taxes and surcharges apply. Some States add mandatory 100% manadatory charge. On Wednesdays price is actually 29.95**. While stocks last. Offer may be withdrawn at any time without prior notice. Additonal Charges apply at time of purchase. Price may be changed at random to increase profits.
So in reality your 8.95 whatever it was ends up costing about 30.00 -
Chancers - they are the masters of parting you from your cash.... this is especially true of service contracts for cell phones, cable tv, home phones, internet etc...
ah well people put up with it I suppose - so as long as people put up with it then I suppose retailers will keep getting away with it....
But I do feel someone should be told....
so Brokencross - Keep your 24 quid phone that you paid 8 quid for - it won't be long before you end up paying 24 quid for an 8 quid phone anyway!!
Keep the phone
and you are right that goods are offered for sale. The store can withdraw the item for sale at their choice. The do NOT have to sell at the price on the ticket.
if the code you orderdd on the net matches the code on the phone even if it has been put to cover the other code. Then you are protected. By law if you go into a shop and someone mistakenly put a 1.99 sticker on a litee of vodka, it is your right to pay only that amount
Plus they will have still made a profit selling it at £8-95, the only criminals are them trying to steal your pennies selling over priced goods.
By law if you go into a shop and someone mistakenly put a 1.99 sticker on a litee of vodka, it is your right to pay only that amount
From what I have read a shop does not have to sell an item that is wrongly priced. I think it used to be the case but not now. So if you see a bottle of Vodka for £1.99 that is "an offer to treat" from the store. You then make an offer to buy at that price. The shop says thanks for your offer, but we've decided not to accept it.
Generally the point at which a Retailer is obliged to supply an item is when they take money from you. That is them accepting your offer to buy and a contract to supply is formed.
If goods or services are advertised or priced at a fixed amount then you are legally entitled to buy at that price even if it is incorrect.
I checked this out after a "discussion" with a shopkeeper a couple of years ago, and what I discovered doesn't tally with what you say. I found that the prospective purchaser has no legal right to buy any goods, never mind a right to buy them at the advertised price -- provided that the latter is not misleading.
A quick Google reveals several websites that back up my claim, but they aren't particularly authoritative, so I'll not link to them.
I'm also pretty sure that it's just the vendor's tough luck if they sell goods too cheaply, so we won't need to visit you in jail, brokencross. :D
I think you will find that Scots law is different and if you see an item in a shop at say £99 and the "real" price is £199 then you have no grounds for getting it at £99?
Scottish law is strange mind
I have suffered from this at local level and they were correct when I checked.
bad example was a plasma 42inch tv in a local shop window at £799 only to be told later that it was a mistake as should have been £1299 and on checking they were within scotish law.
retailers have it sussed in scotland.
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