advertised prices and the law
Discussion
Hi all,
I'm not really up on such matters, so I thought I'd ask the PH collective for their wisdom.
A well known video game store (that happens to have an apt one-word name) has a huge poster in the window advertising FIFA '09 for sale for £26.99. However, on enquiry the item is priced inside the same store at £39.99. On asking the sales assistant about the price differential, they told me that the outside price was a 'special offer' that they could 'choose' to honour or not. I asked to speak to the manager, and he confirmed the information that the assistant told me. He said, quite bluntly and in a matter-of-fact way, that the poster was designed to get people into the store, and that the store would and could not sell the actual item itself for the lower advertised price. In addition, he told me that I "clearly don't know how marketing or retail works" and that they were legally entitled to keep the misleading poster up.
Now I know all about the concept of 'invitation to treat' and I know that a store does not have to sell anything to me at all. However, I was under the impression that should a store not honour an advertised price (where that advertised price is not an error) then the store had to remove the said item from sale. In any case, I'm pretty sure a store cannot legally act as this store has in this instance, but I can't find the correct piece of legislation to back it up.
Does anyone know what the actual law is in this instance?
Cheers,
EYW
ETA: This issue has been ongoing for a couple of weeks now, so VAT changes and the like have nothing to do with it. Likewise, the poster did not mention any special conditions or circumstances - it really is as simple as it being an incorrect and misleading price.
I'm not really up on such matters, so I thought I'd ask the PH collective for their wisdom.
A well known video game store (that happens to have an apt one-word name) has a huge poster in the window advertising FIFA '09 for sale for £26.99. However, on enquiry the item is priced inside the same store at £39.99. On asking the sales assistant about the price differential, they told me that the outside price was a 'special offer' that they could 'choose' to honour or not. I asked to speak to the manager, and he confirmed the information that the assistant told me. He said, quite bluntly and in a matter-of-fact way, that the poster was designed to get people into the store, and that the store would and could not sell the actual item itself for the lower advertised price. In addition, he told me that I "clearly don't know how marketing or retail works" and that they were legally entitled to keep the misleading poster up.
Now I know all about the concept of 'invitation to treat' and I know that a store does not have to sell anything to me at all. However, I was under the impression that should a store not honour an advertised price (where that advertised price is not an error) then the store had to remove the said item from sale. In any case, I'm pretty sure a store cannot legally act as this store has in this instance, but I can't find the correct piece of legislation to back it up.
Does anyone know what the actual law is in this instance?
Cheers,
EYW
ETA: This issue has been ongoing for a couple of weeks now, so VAT changes and the like have nothing to do with it. Likewise, the poster did not mention any special conditions or circumstances - it really is as simple as it being an incorrect and misleading price.
Edited by ehyouwhat on Monday 1st December 15:27
ehyouwhat said:
...they told me that the outside price was a 'special offer' that they could 'choose' to honour or not.
I'll be interested in seeing what the others say - but I think thats right out! ..and I'd not be too happy being told they get to 'choose' to honour it either!
Although if the poster says RRP on it - that is only a 'recommended' price after all.
Edited by Steamer on Monday 1st December 15:32
ehyouwhat said:
However, I was under the impression that should a store not honour an advertised price (where that advertised price is not an error) then the store had to remove the said item from sale.
That's my understanding of it too (Sorry, no idea re the legislation though.) This sounds like a job for trading standards to me.If they put up the wrong price by mistake then they can choose not to sell it to you at that price, but they must remove the poster if they want to continue to sell it at the higher price.
They can't deliberately advertise a lower price than it is in store when they have no intention of selling at that price. Have a word with trading standards - I expect they won't be too impressed.
They can't deliberately advertise a lower price than it is in store when they have no intention of selling at that price. Have a word with trading standards - I expect they won't be too impressed.
http://www.askcedric.org.uk/commnotes.php?note=12
False advertising it would appear, go take a photo of the window with a copy of todays Sun etc and tell you are calling Trading Stadards.
False advertising it would appear, go take a photo of the window with a copy of todays Sun etc and tell you are calling Trading Stadards.
I'd just assumed at the time that the poster had been left up in error, but even then I was suspicious because the game wasn't very old. But I was stunned when the manager simply told me that the price was incorrect, that this was common practice, and that I obviously have no concept of how retail works (I do). I was even more shocked when told the poster would be staying up.
The fact I'm getting worked up about just £13 makes the whole affair all the more annoying.
The fact I'm getting worked up about just £13 makes the whole affair all the more annoying.
Contractually, they're not obliged to sell - you're right about it being an invitation to treat, so it's not capable of being accepted by you. You make the offer to purchase when you go into the store and take it to the till, which they then accept or decline.
It is however a criminal offence. Trading Standards have quite broad powers in relation to false advertising and misleading price descriptions. If you're feeling vindictive, send your local TS department an e-mail asking them to look into it.
It is however a criminal offence. Trading Standards have quite broad powers in relation to false advertising and misleading price descriptions. If you're feeling vindictive, send your local TS department an e-mail asking them to look into it.
Sounds like false advertising. I would call up trading standards if I was as worked up as you 
If it was a genuine mistake (obviously not in this case), the shop can decline to sell it to you, but they must remove the signage AND product for 24 hours before displaying it again at the correct price as far as I know...
EFS
If it was a genuine mistake (obviously not in this case), the shop can decline to sell it to you, but they must remove the signage AND product for 24 hours before displaying it again at the correct price as far as I know...
EFS
Edited by byhff on Monday 1st December 15:58
L L and tonker:- Any ideas on broadly which pieces of legislation this would go against? I've had a quick butchers hook through a couple of my old law books (I did Law at uni) but can't find the right information - it all seems to be about 'bait and switch' rather than simply about false advertising.
I probably will bash off a quick email to Trading Standards, but was hoping to try and get it sorted without their involvement (they tried and failed to help me once in the past).
I probably will bash off a quick email to Trading Standards, but was hoping to try and get it sorted without their involvement (they tried and failed to help me once in the past).
byhff said:
If it was a genuine mistake (obviously not in this case), the shop can decline to sell it to you, but they must remove the signage AND product for 24 hours before displaying it again at the correct price as far as I know...
You see, that's roughly what I thought too (although for some reason I thought it was a number of days the item had to be removed from sale rather than just one), but I can't find anything to back it up online.It has to be said though that my skills at finding stuff online are poor...if anyone ever needs to hide anything from me, all they need do is post it absolutely everywhere on the internet and I'll be never the wiser!
Could they not be using the multi console nature to bypass the false advertising.
Big poster in window stating Fifa '09 for sale at 26.99. Customers flood in expecting to pickup Fifa '09 for the XBox 360 for 26.99.....but actually 26.99 is for the PS2 only and the PS£/XBox 360 games are at the more expensive 39.99?
Big poster in window stating Fifa '09 for sale at 26.99. Customers flood in expecting to pickup Fifa '09 for the XBox 360 for 26.99.....but actually 26.99 is for the PS2 only and the PS£/XBox 360 games are at the more expensive 39.99?
ehyouwhat said:
L L and tonker:- Any ideas on broadly which pieces of legislation this would go against?
Beyond recalling that it's contrary to the Consumer Protection Act 1987 to give a misleading price indication, not really!A quick Google throws up the following link which is tolerably helpful and seems to ring true in terms of the content....
http://www.moneysavingexpert.com/protect/113077684...
JayBM said:
Could they not be using the multi console nature to bypass the false advertising.
Big poster in window stating Fifa '09 for sale at 26.99. Customers flood in expecting to pickup Fifa '09 for the XBox 360 for 26.99.....but actually 26.99 is for the PS2 only and the PS£/XBox 360 games are at the more expensive 39.99?
Big poster in window stating Fifa '09 for sale at 26.99. Customers flood in expecting to pickup Fifa '09 for the XBox 360 for 26.99.....but actually 26.99 is for the PS2 only and the PS£/XBox 360 games are at the more expensive 39.99?
satans worm said:
Did it have the magic word 'from' on the poster?
Nope, the poster was quite clear about the platform and specific price. Worse still, the manager of the store accepted that the poster did misrepresent the price I could buy the game for, but was unwilling to do anything about it.ehyouwhat said:
He said, quite bluntly and in a matter-of-fact way, that the poster was designed to get people into the store, and that the store would and could not sell the actual item itself for the lower advertised price. In addition, he told me that I "clearly don't know how marketing or retail works" and that they were legally entitled to keep the misleading poster up.
I'd say he was the one that doesn't understand marketing as if you piss of your customers then they'll go elsewhere and tell others not to bother going there either.Gassing Station | The Pie & Piston Archive | Top of Page | What's New | My Stuff