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Unfair terms directive

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  • Unfair terms directive

    When buying a necklace at a jewelry store who both sells cheap and expensive jewelry, I bought a necklace for 100 eu. it turned out to be a super expensive necklace, the owner called me within the hour and asked for me to return it because he made a mistake, or pay the difference of 4900 eu. I am entitled to give it back?
    Tags: None

  • #2
    He offered it for sale at 100eu you accepted his offer, the sale was completed. I would say legally you can keep it, morally is another matter.

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    • #3
      Was this a UK purchase?

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      • #4
        Short answer - in English law > no contract - result: You get your 1k euro back jeweller gets his goods back. - Look up the law on 'mistake'.

        Law is in similar terms in Cyprus, Malta, and Ireland.

        Other jurisdictions may have quite different law, but I don't see how the Unfair Terms Directive (as transposed into local legislation) can be in play here.

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        • #5
          On the contrary: customer offers, seller accepts, customer pays consideration; contract legally binding
          I have always understood, regardless of the law on mistake that if a retailer sells something at the wrong price, when the transaction is completed he can't insist on rescinding the contract

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          • #6
            Originally posted by des8 View Post
            On the contrary: customer offers, seller accepts, customer pays consideration; contract legally binding
            I have always understood, regardless of the law on mistake that if a retailer sells something at the wrong price, when the transaction is completed he can't insist on rescinding the contract
            I concur

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