Steve
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Registered: 30th Mar 02
Location: Worcestershire Drives: Defender
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yeah thats right, they can refuse to sell it to you,
but if they do sell it they have to at that advertised price
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Dom
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Registered: 13th Sep 03
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quote:
Originally posted by aPk
quote:
Originally posted by Steve
quote:
Originally posted by Haimsey
Ah right, ok  better go tell my contract law tutor he is wrong then 
yeah hes wrong, if you asked him this exact question and thats what he said
one man or a whole supermarkets policy based on the law hmmm
He isn't wrong. If something is priced at £10 but should be £12, they can EITHER sell you it for the advertised price, or refuse to sell all together. The only thing they cannot do it sell it for a higher than advertised price.
Just because Tesco give it away, doesn't mean thats the law. They do it to keep the customer happy.
yep thats what i was told when i worked in retail, if a product is labelled up incorrectly or is displaying two prices then they can refuse to sell the product outright or they have to sell it at the lowest price displayed.
But like said, the store DOESN'T HAVE to sell the product they can refuse to.
and FPMSL at haimsey  steve reminds me of those wannabe-know-it-alls at school that would pretend they knew everything, yet were proved wrong on a daily basis
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Steve
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Registered: 30th Mar 02
Location: Worcestershire Drives: Defender
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havent been proved wrong tbf
i think there was a mix up of understandings, with people assuming me saying they have to sell it at that price, as have to sell it full stop.
i assumed common sense would indicate they can refuse to sell the product altogether
[Edited on 25-10-2007 by Steve]
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Ian
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Registered: 28th Aug 99
Location: Liverpool
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quote:
Originally posted by aPk
Just because Tesco give it away, doesn't mean thats the law. They do it to keep the customer happy.
Amen.
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Haimsey
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Registered: 8th May 05
Location: Nottingham Drives: Corsa B
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quote:
Originally posted by Steve
i assumed common sense would indicate they can refuse to sell the product altogether
You crack me up Steve. You find a way out of everything
Marcy Marc 
White Sport Progress Thread
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Steve
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Registered: 30th Mar 02
Location: Worcestershire Drives: Defender
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yeah i know if they give something away thats not the law, im saying if something is priced up as a price wrongly they have to sell it at that price or less.
thats what iv said all along and its not incorrect
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ssj_kakarot
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Registered: 29th Apr 03
Location: hartlepool
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quote:
Originally posted by Steve
yeah i know if they give something away thats not the law, im saying if something is priced up as a price wrongly they have to sell it at that price or less.
thats what iv said all along and its not incorrect
thats not true if a supermarket labels something as 99p but it is infact £1, when some one gets to the till the supermarket can sell it for £1.
when something is on a shelf its legally not an offer. it is an invitation to treat, which in lay terms means, it opens up negotiations to decide the price of the product, which is done at the till.
obviously if they advertise something for £100 less than it costs then trading standards get involved as this is misleading.
but if its a mistake they can sell it for what they want.
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Steve
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Registered: 30th Mar 02
Location: Worcestershire Drives: Defender
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quote:
Originally posted by ssj_kakarot
quote:
Originally posted by Steve
yeah i know if they give something away thats not the law, im saying if something is priced up as a price wrongly they have to sell it at that price or less.
thats what iv said all along and its not incorrect
thats not true if a supermarket labels something as 99p but it is infact £1, when some one gets to the till the supermarket can sell it for £1.
when something is on a shelf its legally not an offer. it is an invitation to treat, which in lay terms means, it opens up negotiations to decide the price of the product, which is done at the till.
obviously if they advertise something for £100 less than it costs then trading standards get involved as this is misleading.
but if its a mistake they can sell it for what they want.
thats 100% not true, if they mark something up as a price, if they honor the sale, ie dont refuse to sell it, the HAVE to sell it at that price or less
iv been told by countless menagers, that this is or was the law 6 years ago anyway, and tescos were tight badgers, they wouldnt give anything away if they didnt have to
[Edited on 25-10-2007 by Steve]
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Ian
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Registered: 28th Aug 99
Location: Liverpool
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Surely they could sell it a higher price by nullifying that transaction, ie. exercising their right not to sell, the putting out another offer at the higher (correct) price?
Legally two transactions not one?
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ssj_kakarot
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Registered: 29th Apr 03
Location: hartlepool
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no they do not need to sell it at whatever price it is advertised, they are not legally oblidged to at all.
you are 100% wrong unless they did the mistake on prupose to draw customers in.
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Steve
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Registered: 30th Mar 02
Location: Worcestershire Drives: Defender
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not sure on that ian 
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Steve
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Registered: 30th Mar 02
Location: Worcestershire Drives: Defender
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quote:
Originally posted by ssj_kakarot
no they do not need to sell it at whatever price it is advertised, they are not legally oblidged to at all.
you are 100% wrong unless they did the mistake on prupose to draw customers in.
nope im telling you, iv worked in the environment, had the training, told the laws etc
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Steve
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Registered: 30th Mar 02
Location: Worcestershire Drives: Defender
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your theory may apply to online transactions or other scenarios, but in a normal supermarket situation, ie products lined up with labels underneath, whatever is marked up on the product is what is must be sold for, if the sale is honoured
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ssj_kakarot
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Registered: 29th Apr 03
Location: hartlepool
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quote:
Originally posted by Ian
Surely they could sell it a higher price by nullifying that transaction, ie. exercising their right not to sell, the putting out another offer at the higher (correct) price?
Legally two transactions not one?
there is no contract formed till the seller agrees to sell at that price, therefore if they want to charge the customer £10 more at the till they are perfectly within there right to do so.
there is no legal contract at that point, Till a price is agreed, so they do not need to end the contract by refusing to sell as there is not a contract formed yet, the contract will only be formed when the seller agrees a price and so does the buyer.
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Rebecca
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Registered: 8th Jun 07
Location: Penwortham, Lancashire Drives: Integra Type R
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I work in retail.
We have to sell things at the advertised price.
Legally.
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ssj_kakarot
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Registered: 29th Apr 03
Location: hartlepool
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quote:
Originally posted by novabex
I work in retail.
We have to sell things at the advertised price.
Legally.
lol no you really dont, many people in retail believe this but its just not true.
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ssj_kakarot
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Registered: 29th Apr 03
Location: hartlepool
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An offer must be a clear, unequivocal and direct approach to another party to contract.
For this reason, advertisements, catalogues or store flyers are not offers (see student "offer" pictured).
Nor is a "for sale" sign on a used car. The law calls these invitations to treat; essentially invitations to the general public to make an offer on a particular item.
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ssj_kakarot
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Registered: 29th Apr 03
Location: hartlepool
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Pharmaceuticals Society of Great Britain v. Boots Cash Chemists (1953) "In the case of an ordinary shop, although goods are displayed and it is intended that customers should go ahead and choose what they want, the contract is not completed until, the customer having indicated the articles which he needs, the shopkeeper, or someone on his behalf, accepts that offer. Then the contract is completed."
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Rebecca
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Registered: 8th Jun 07
Location: Penwortham, Lancashire Drives: Integra Type R
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I'm talking about ticketed prices in store though.
If its incorrect pricing on the shelf we have to sell it for the price it says.
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ssj_kakarot
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Registered: 29th Apr 03
Location: hartlepool
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there ive posted the precidental case for offer and acceptance, it clearly states an advertisment in a retail store is not an offer, the offer is only completed when the seller agree's the price.
therefore it is not possible that you are breaking the law by not selling an item at an advertised price as there is no law to break, an advert is mearly a invitation for the customer to make an offer.
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Rebecca
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Registered: 8th Jun 07
Location: Penwortham, Lancashire Drives: Integra Type R
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If that was the case mate I wouldnt spend an hour a day doing price changes.
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Steve
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Registered: 30th Mar 02
Location: Worcestershire Drives: Defender
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its true ssj, even the retailers say it is and they will be the ones losing out, i really think your wrong ssj
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ssj_kakarot
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Registered: 29th Apr 03
Location: hartlepool
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no you dont, its not an offer, just because your manager or store says its true doesnt meen it is.
hence asda advertising beer at 10p a bottle and them saying they are not selling it a that price despite it being labeled for that ammount, they are not legally oblidged to.
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ssj_kakarot
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Registered: 29th Apr 03
Location: hartlepool
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quote:
Originally posted by novabex
If that was the case mate I wouldnt spend an hour a day doing price changes.
you do that to stop customers complaing, as do i.
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Rebecca
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Registered: 8th Jun 07
Location: Penwortham, Lancashire Drives: Integra Type R
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If I went into asda now and the price on the shelf said 10p.
I would only legally have to pay 10p till they changed the price on the shelf!
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