dawlishmonkey wrote:
if it was an offer in a shop then under the sale of goods act you could demand the product at that price,the retailer can claim it was a genuine mistake and withdraw the offer to other customers but should sell to you.
if the offer never existed and they advertised it then they are misleading you and can be fined,did you talk to the shop manager then?
Sorry mate, but thats not quite right.
A consumer cannot demand a product under the sale of goods act. The item will have a price on it (could be right or could be wrong). All this price represents is whats known in legal terms as 'an invitation to treat'. It is the consumer who then approaches the counter and makes the 'offer' to the shop. The shop can accept or reject this offer, it is up to them. Therefore if the assistant just doesnt like the look of you he/she could turn round and say that they refuse your offer (despite it matching the ticket price).
Only when there has been an offer (by the buyer) and an acceptance (by the trader) will a contract be formed.
Unfortunately, like you say, the sale of goods act 79 does only apply to sales, not gambling.
Had it been a product for sale then the store can be prosecuted for a misleading price indication (under s20 of the consumer protection act) however this is pretty much impossible until the store have been made aware of the error. Otherwise stores would be getting prosecuted left, right and centre because some work experience kid made a few mistakes when attaching prices.
Login
Register
FAQ
