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angry asshole | False advertising? |
if a product is advertised with an incorrect price attached to it, is the retailer legally bound to sell at that price?
e.g, laptop advertised for £5.99 when it should be £599.00. |
 |
 
waldo_mcginty
|
Basic contract law states that displaying or advertising goods for sale is not an "offer" to sell It is an "invitation to treat" If you are interested in the goods you make the offer .The shop decides whether to accept or not.You only have a contract at the point where your offer to buy has been accepted.The shop may get into trouble with Trading Standards regulations but that will not help you secure the laptop for £5.99.Sorry - I don't make the rules. |
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raysor
 |
No. It is just an invitation to buy. As there is no consideration (payment) there is no contract. |
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ChocLover
 |
They should technically sell it for £5.99 but they reserve the right to "withdraw" the offer and can refuse to sell either at £5.99 or £599 |
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mad editor
 |
I don't know about English law, but in the U.S., an obvious error like that would be put down to a missprint. There is, I believe, a reasonable standard that no one would seriously think a computer was that cheap. If the ad said "499" and you get there and it's "599" you might have something to complain about--you truly were lured on false pretenses.
BTW: What kind of computer? If it's a good one, 599 might be a pretty good price! |
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Seán O
|
No simple answer. In a shop the answer is no. When an item is on display its referred to as "invitation to treat"; when you pick it up and bring it to the counter to pay for it - the process is called offer and acceptance. When you pay for it - its called an exchange of consideration. In principal only after the payment has been made does a contract exist.
Most large firms that have screwed up such offers as 3.99 for an airline ticket have eaten the cost - because the automated transaction means the money has been paid, ergo a contract exists. |
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Clark L
 |
there is a law here that states that if there is any discrepancy in the price, the lowest price shall prevail. the law speaks for itself. if it says it's 5.99 instead of 599, then it is 5.99. |
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pod46
|
Yep this is correct, the price advertized is an "invitation to treat" - the offer is made when you offer the retailer that amount to buy the good. They then have a choice whether to accept your offer.
Your only recourse is to get trading standards onto them for false advertizing but it won't help you get that PC for £5.99, they'll just get a slap on the wrist from trading standards. |
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Albertofrog
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If you are seeing the price in a shop then yes they have to sell it for that price. If there is a sign underneath with product name stating a price (or price tag on item) then this is the price they have to charge, not the barcode scanned verison (this does not mean you will get away with swapping price tags around) If it a flyer, then can put it down to a misprint as long as correct price is visable on product in shop. |
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