Was I correct in what I said about the law?

[Crankarm]

I got fed up with being charged a different (as in higher) price at B&Q. If it had happened once, then all well and good, but when it happened four of five times I called up Wandsworth Trading Standards who were happy to add it to their substantial file.

Given the attitude of the manager I'd give it a go. Shops rely on people not making a fuss.

And, I'm very sorry to say I had the same experience in John Lewis on Saturday.

Don't get me going on John Lewis and Waitrose. They blantantly price fix against Tescos. The few times I went in before Christmas they had Tescos prices in addition to their own on all the shelf labels for items claiming they were the same price so buy with them for better service. WTF! I don't know why people think they are so brilliant. I don't think they are anything special. Most of their staff are so up themselves. They are only interested similar types of people to themselves, in particular the middle class baby boomer silver surfers with more money than sense. I would report them to the Competition Commission for price fixing if I didn't have better things to do

 

[snakehips]

John Lewis and Waitrose. They blantantly price fix against Tescos. The few times I went in before Christmas they had Tescos prices in addition to their own!

My local Sainsbury's does that quite a lot these days.

Snake

 

[thomas]

This may well be true, but the manager's attitude was still inexcusable. And it's not doewn to extra training or education: simple good manners would do it. Sadly, they seem to be more and more scarce these days.

Contract law doesn't change if the manager is an arse ...and yes, even if they were not going to sell it for the lower ticket price there is a way of going about it.

It's nothing to do with contract law. There is a statutory duty on a retailer to ensure that it's prices are not misleading. I refer you to my earlier post #7.

When purchasing something in a shop you start with an invitation to treat. This could be an advertisement or display of the goods. In law, retailers do not offer to sell.

Now, an invitation to treat means that an offer (or contract) has not been formed. So, if a price is incorrectly marked the sale of the goods can be refused by the retailer.

Now (hypothetically), if for instance the retailer had to sell an item at a ticket price, you would have a problem when they run out of stock that they would be breaking a contract to supply goods. If the shelf said "lovely top £5" and that was an offer (not an invitation to treat, as it is), then the shop would legally have to supply the item. If for instance the item was no longer in production they would be liable against contract law....thankfully the law isn't like this so it's not a problem.


Now, if you take a look at the case: Pharmaceutical society of great Britain Ltd V boots cash chemists (southern) Ltd [1953] 1 QB 401.

You will see how Boots pharmacy is not breaking the law by having medicines, which require a pharmacist's approval to sell as the contract is made at the till and not at the shelf (where there's an invitation to treat), so a pharmacist is present at point of sale.

Under your system Crankarm, a consumer could go in a shop, decide what they want to pay, write it on the label, go to the till and be legally entitled to that product at that price. Yes, I'm sure the consumer could be done for fraud or something, but it would be very difficult for the shop to prove.

Another issue, which would have been a major one where I worked. With our sale items marked down price tickets went on the hangers to show how the reduced price. Now, when people tried stuff on in the changing rooms they had a habit of putting the clothes on different hangers, with different price tags. We would not have been legally required to sell the item at the incorrect price as you seem to be saying.

Quick question, if you were in a shop and knew that the item would cost £10...that's what it says on the ticket, shelf, etc...but when they put it through on the till it was £5, would you tell them how the price is wrong and pay the higher (correct?) price.

 

[thomas]

Any Manager worth his/her salt would not argue but would admit there had been an error in pricing of these items (assuming this is the case) but sell you the item at the lower price and then immediately remove the other wrongly marked items and get them repriced correctly.

The problem with this is, with most large chain shops it may not be possible. A lot of restrictions are placed on till based computer systems.

Where I worked we had full access to all sorts of things so in theory could reduce an item to a penny and would be unlikely to be caught...however, I know from a old friend that boots used to be similar, then upgraded the system and staff couldn't adjust the price at all.

So however good the manager is they may not be able to sell it at a lower price.

Now, whatever the law is .... a good fuss can work wonders and get the shop to offer to sell you the item at the lower price...if you give them the invitation to treat (at the lower price)