Shop took sale but the price is incorrect in my favour

[bilbo1]

Two days ago, from a major high street shop, I bought a suite of furnature, paid 25% deposit by credit card and took out their offer of interest free credit for the remainder.

I was given a hand written detailed receipt for the amount paid and commented that it was cheaper than I expected and left the shop very happy

Later that day I received a phone call to tell me they made a big mistake on the price its near 30% more expensive.

They have failed to carry the correct amount for the major item to the last column the actual correct amount is shown elsewhere on their receipt.

The phone call tells me not to worry about it it’s just that we are unable to process the order on our computers.

Yesterday, the area manager phoned me to say they will not supply the goods at that price, no apology and an inference that it’s my fault as I did not check it was correct. I asked if they were willing to make an offer and told no I will have to pay the additional amount.

Currently I have said that I have paid them in full now awaiting delivery of my property, told him to speak to his head office and I will be doing the same plus taking advice. Other than this posting I plan to contact the consumer advice

I feel that as I checked the addition in the last column and paid them all the requested sum for the goods I have a contract to supply at their bottom line price.

I believe that the error is their problem.

The price was discounted price as a returning customer is not clearly shown and the receipt also has reduced payments for extra covers so I thought at the time that explained the lower price

The actual purchased goods will not be available for 10 weeks so currently I have paid in full but not received the goods

Am I correct in this attitude or can they cancel the order as I not received the goods?

[Amethyst]

Re: Shop took sale but the price is incorrect in my favour

Hiya,

Just to clarify - have you paid in full (cash/card etc)? or paid a 25% deposit and the remainder via a finance agreement on the interest free credit ?

Ame
xx

[Guest]

Re: Shop took sale but the price is incorrect in my favour

HI
Yes if this is a regulated agreement either party can withdraw from it before the agreement is "made" which means when the goods or finance is delivered under section57 of the act.
Peter

[bilbo1]

Re: Shop took sale but the price is incorrect in my favour

Ame

I have paid a 25% deposit and the remainder via a finance agreement on the interest free credit.

But the interest free loan is repaid to a bank not the seller

Cheers Peter

[Amethyst]

Re: Shop took sale but the price is incorrect in my favour

No thats fine just checking. If you do end up cancelling the order, ensure you cancel the finance agreement as well and direct with the finance company.

Basically as I understand it,

If the price on the goods was incorrect when you made the decision to purchase and you paid that price at the till then its on your side.

If the price on the goods was correct and a mistake was made at the till then its on their side and they can withdraw from the agreement or ask you to pay the correct price.


Ame
xx

[Guest]

Re: Shop took sale but the price is incorrect in my favour

No thats fine just checking. If you do end up cancelling the order, ensure you cancel the finance agreement as well and direct with the finance company.

Basically as I understand it,

If the price on the goods was incorrect when you made the decision to purchase and you paid that price at the till then its on your side.

If the price on the goods was correct and a mistake was made at the till then its on their side and they can withdraw from the agreement or ask you to pay the correct price.


Ame
xx

hi

Sorry dont agree, my undertanding is the contract is made at point of sale.

Boots chemist v someone .i can look it up.

If what you said ws true you could insist that a shopkeeper sells you a missprced item i a shop at that price ,you cannot.

Peter

[Amethyst]

Re: Shop took sale but the price is incorrect in my favour

If it was mispriced and you paid that mispriced amount at the till and had the goods in your hand, then they cant come after you asking for extra or the goods back can they. If they noticed at the till (ie before contract is concluded) then they can ask you to pay correct price (tho quite a lot of them let you off cause it was their cock up)

This case is a mistake. The goods were priced correctly, and decision to puchase made on the correct price, but an error was made at the till which as the contract hasnt been concluded as you said earlier can be rectified. If they didnt notice till after delivery then they;d be stuffed.

Cetelco is really the bees on this subject anyway, have a read of some of the other incorrect pricing threads about - mainly online ones though which is slightly different. I could be entirely wrong, I'm not sure on the finance agreement part.

[Guest]

Re: Shop took sale but the price is incorrect in my favour

If it was mispriced and you paid that mispriced amount at the till and had the goods in your hand, then they cant come after you asking for extra or the goods back can they. If they noticed at the till (ie before contract is concluded) then they can ask you to pay correct price (tho quite a lot of them let you off cause it was their cock up)

This case is a mistake. The goods were priced correctly, and decision to puchase made on the correct price, but an error was made at the till which as the contract hasnt been concluded as you said earlier can be rectified. If they didnt notice till after delivery then they;d be stuffed.

Cetelco is really the bees on this subject anyway, have a read of some of the other incorrect pricing threads about - mainly online ones though which is slightly different. I could be entirely wrong, I'm not sure on the finance agreement part.

Hi

the items hadnt been delivered yet so is the point of sale still at the till?

The section 57wthdrawl from prospective agreement is binding however if the ageement had not yet been made.

Prof goode says made means when gods or other change hands.

Not sure if this would mean delivery of goods to the op or finance to the shop

peeter

[bilbo1]

Re: Shop took sale but the price is incorrect in my favour

Hi Ame/Peter it’s a tad more complex than that.......

The price is not on the goods, a set comprising of lounge chair, two settees, cushions, foot stool and second set of removable covers. These are made to order in a material that you chose. Those on show are priced but it’s only a guide as the price varies a lot with the covers material, the filling of the seats and cushions so any suite's cost is dependent on what you chose to make up the suite. Also not all the items were on display and you are not given/shown a detailed priced catalogue.

So in effect you make your choices and are then shown on a performer stating item and final price all made complex by un-detailed discounted offers. I say it’s not detailed as your told the full price then the form only shows the discounted prices it does not state that it is £XXXX less 10% and then that reduced price. I do not have a problem with that system its for me to accept or reject that offer but has somewhat created this situation.

So I checked it was as I requested , totalled in my head the final column and desided that it was a price I was happy with, in fact very happy.

That order invoice/receipt you then sign to say you agree to buy pay and I feel that forms a contract.

They only found their error when entering the amounts on their internal order system to give us a delivery date.

We phoned Citizens Advice today, they agreed that we should be sold the items at that price and also said contact Consumer Direct for an opinion.

So we did but Consumer Direct’s reply was somewhat odd in that they said if it was a small amount the shop should/would supply the goods but as it’s a large amount they were unlikely to do so. That’s left me very unimpressed as it was a small amount we would not be bothered.

What irritates us is

· I commented that I was very pleased with the final price and it was better than I had expected , so they had an opportunity to check it.
· The first phone call tells me it’s the wrong price and their computer system will not accept it so I will not be receiving a prompt supply date but I am told not to worry about it. Thus leaving me feeling that they will be selling at that price.
· The area manager phones telling me I must have know it was wrong, by saying that plus his general attitude implies it’s my fault not theirs and they will not supply it at that price.

We have spoken to their head office’s Customer Care who say it’s never happened before...Hum...... also that they have received an e-mail from the Area Manager and they will take it up with their Finance Director who is on holiday this week. Currently they state that they are not processing the order.

I think what irritates most is nobody has bothered to apologise for their own error plus what had been a pleasant shopping experience has now become a big disappointment and ongoing hassle.

So currently we await a phone call or letter. If it’s a unfavourable phone call I will ask that they put it in writing and then decide what to do.

[Guest]

Re: Shop took sale but the price is incorrect in my favour

Shop pricing is an invitation to treat, see post #2, here http://www.legalbeagles.info/forums/...ead.php?t=9382 and also this thread http://www.legalbeagles.info/forums/...ad.php?t=23363.

However, you should also look at post #10, here http://www.legalbeagles.info/forums/...ad.php?t=19921

[bilbo1]

Re: Shop took sale but the price is incorrect in my favour

Well thak you all for your opinions it has been very helpful and much appreciated

As to Hartog v Colins ...........and must have known it was a mistake

Well when I signed to agree the order both parties were unaware of the mistake due to thier complex ordering system so it's a "Mutual Mistake" and maybe case law related to the latter is as relavent.

As I still feel that having signed the order its a joint contract rather than a simple invoice/receipt

If they do not honour that I will need to revisit the store and pay the cash difference have the loan cancelled and take another out. As a minimum I would have thought they would make an offer for time wasting.

I will let you know the outcome.

[bilbo1]

Re: Shop took sale but the price is incorrect in my favour

Well rather unexpectedly I received today a very apologetic letter with a disclaimer for responsibility and offer to meet us half way which we have accepted.

So I have paid them the other half of the difference and left the interest free agreement as it stands.

I am happy with that solution.

I still think it’s a contract given that I signed the receipt to agree its content and they would rather not like to argue it’s not as such.

Alternatively they are a good company selling the high range of the product and like to be seen as treating they customers fairly hence enhancing their reputation in the market.

As ever its how you speak to people that counts ie not ranting, that gives a reasonable solution.

[Guest]

Re: Shop took sale but the price is incorrect in my favour

Mistake is a vitiating factor and the contract, had it existed, may have been unwound in any case.

Nevertheless, it's good to read that customer care is still important to some suppliers and I am pleased that you got a result you are happy with.

[Amethyst]

Re: Shop took sale but the price is incorrect in my favour

Good news, glad you sorted it without having to take any further action. Hope the furniture shows up on time now lol.