What You See is What you Pay?

CCCP^

Hi, I was recently at a Gamestop store in St. Stephen's Green and was buying 3 games. When I got to the counter and the clerk on the till scanned through the games, he stopped and told me that he one of the games was priced incorrectly. I said that the law (which I admit to be not entirely sure of) was that the price you see is the price you pay.

The clerk countered this by saying that the price was incorrect, that either another clerk made the mistake or someone - "a kid" switched the price (an insinuation that I changed the price perhaps?) and that the price difference was too great and he couldn't let it go for the different price.

He then told me that if all the other titles were priced like the one I picked up, he would let it go for that price, but as there was another title at the "regular" price, he couldn't. I thought this was bull****, and it really pissed me off.

I'm not an argumentative person, but if I were I am sure I could have gotten the game for the price displayed, except that when I become angry I become volatile and I have some problems controlling my temper. I left the store feeling embarressed, especially at the thought that they believed I had changed the price. I AM NOT A CHEAPSKATE. They should have been more vigilent instead of standing around doing f.a.

Can someone please tell me what my rights are here? I am considering complaning to their headquarters.

penexpers

Look up "invitation to treat". Unfortunately the price you see is not the price you pay, legally speaking.

As it was the only one marked wrong it's at their own discretion to give it to you at the incorrect marked price.

mikemac

CCCP^ wrote: »

I said that the law (which I admit to be not entirely sure of) was that the price you see is the price you pay.

Nothing worse then someone who throws "law" at a shop assistent but hasn't a clue what they're talking about. Not just saying that's justyou OP but it goes on a lot. If you can't quote the law then don't bother bringing it up as someone either lied to you or you imagined that law that you posted.
Look up "invitation to treat" as others have posted

CCCP^ wrote: »

The clerk countered this by saying that the price was incorrect, that either another clerk made the mistake or someone - "a kid" switched the price (an insinuation that I changed the price perhaps?) and that the price difference was too great and he couldn't let it go for the different price.

This does go on, I have seen kids swopping labels.
Tbh, the shop assistent was entirely right here and was was helpful and explained everything. Apology due realy

Sam Vimes

hellboy99 wrote: »

As it was the only one marked wrong it's at their own discretion to give it to you at the incorrect marked price.

whether it was the only one marked wrong or not doesn't make any difference, they don't have to sell it at the marked price

the second time i've posted this in three days
http://en.wikipedia.org/wiki/Invitation_to_treat

A shop owner displaying their goods for sale is generally making an invitation to treat (Pharmaceutical Society of Great Britain v Boots Cash Chemists [1953] 1 QB 401). They are not obliged to sell the good to anyone who is willing to pay for them, even if additional signage such as "special offer" accompanies the display of the good. (But see bait and switch.) This distinction was legally relevant in Fisher v Bell [1961] 1 QB 394, where it was held that displaying a flicknife for sale in a shop did not contravene legislation which prohibited offering for sale such a weapon. The distinction also means that if a shop mistakenly displays a good for sale at a very low price it is not obliged to sell it for that amount [1].

Xcellor

CCCP^ wrote: »

Hi, I was recently at a Gamestop store in St. Stephen's Green and was buying 3 games. When I got to the counter and the clerk on the till scanned through the games, he stopped and told me that he one of the games was priced incorrectly. I said that the law (which I admit to be not entirely sure of) was that the price you see is the price you pay.

The clerk countered this by saying that the price was incorrect, that either another clerk made the mistake or someone - "a kid" switched the price (an insinuation that I changed the price perhaps?) and that the price difference was too great and he couldn't let it go for the different price.

He then told me that if all the other titles were priced like the one I picked up, he would let it go for that price, but as there was another title at the "regular" price, he couldn't. I thought this was bull****, and it really pissed me off.

I'm not an argumentative person, but if I were I am sure I could have gotten the game for the price displayed, except that when I become angry I become volatile and I have some problems controlling my temper. I left the store feeling embarressed, especially at the thought that they believed I had changed the price. I AM NOT A CHEAPSKATE. They should have been more vigilent instead of standing around doing f.a.

Can someone please tell me what my rights are here? I am considering complaning to their headquarters.

I'd imagine GAME have hundreds of products individually priced and occasionally like they say a shop assistant makes a mistake or someone switches a sticker... I don't think this is the shops fault, you might make an argument if the majority of products are incorrectly priced but once off issues like this are going to happen.

We've all had that feeling when we've seen a product at an amazing price only to find out it was marked incorrectly. It bites. But that is life. You were given the correct price at checkout so you can't complain much...

And like said before, know a law before you quote it or you are just making an eeijit of yourself and putting the shopkeeper in a very awkward position.

X

CCCP^

Doesn't anyone remeber the ads on TV with the woman saying "the price you see is the price you pay?" This is what really confused me. I was sure that this was the law. I've worked in retail before and when something like this has happened, we've always changed the price for the customer. I'm just going to stop buying stuff and not make a fool of myself anymore

Doctor DooM

CCCP^ wrote: »

Doesn't anyone remeber the ads on TV with the woman saying "the price you see is the price you pay?" This is what really confused me. I was sure that this was the law. I've worked in retail before and when something like this has happened, we've always changed the price for the customer. I'm just going to stop buying stuff and not make a fool of myself anymore

but if you think about it...

you walk into a shop.

See something marked for 2000 euro, and something marked for 5.

You swap the two tags around and no one sees you. You try to purchase the dearer item.

Shoul you get it?

Invitation to treat is there to protect retailers in situations like this (And yes, it does happen, and has happened to me.)

CCCP^

I'm glad there is something there to protect retailers - somebody changed the price but it sure as hell wasn't me. If they knew the law I wish they would have explained it to me and resolved the issue instead of just saying No. What confused me is that goddamn advert. Please tell me I'm not crazy and that there really was such an advert.

Doctor DooM

CCCP^ wrote: »

I'm glad there is something there to protect retailers - somebody changed the price but it sure as hell wasn't me. If they knew the law I wish they would have explained it to me and resolved the issue instead of just saying No. What confused me is that goddamn advert. Please tell me I'm not crazy and that there really was such an advert.

There are laods of ads like that, but they describe a shops policy instead of law!

EKRIUQ

CCCP^ wrote: »

If they knew the law I wish they would have explained it to me and resolved the issue instead of just saying No.

What? And then for you to tell them that your version of the law is right! And then proceed to tell them that the customer is always right. And you know your rights.

What confused me is that goddamn advert. Please tell me I'm not crazy and that there really was such an advert.

Irish Rail
The same fare applies no matter what time of year you wish to travel or how far in advance you book and there are no hidden taxes, the price you see is the price you pay!!

Sam Vimes

SDooM wrote: »

but if you think about it...

you walk into a shop.

See something marked for 2000 euro, and something marked for 5.

You swap the two tags around and no one sees you. You try to purchase the dearer item.

Shoul you get it?

Invitation to treat is there to protect retailers in situations like this (And yes, it does happen, and has happened to me.)

a friend of mine used to do it in a book store all the time

CCCP^

Namesco wrote: »

What? And then for you to tell them that your version of the law is right! And then proceed to tell them that the customer is always right. And you know your rights.

No, I'm not an arsehole. I never mentioned that the customer is always right or that I knew my rights, because I clearly didn't. The advert I saw coupled with previous retail experience confused me, but the insinuation that I had changed the sticker made me want to fight it despite not being an argumentative sort of person.

There seem's to be an attitude here towards issues like this that people who recall this advert or take this stance are nothing but fools. Yes, we are confused and uninformed, but not fools. You can't blame someone for becoming irritated when trying to purchase something only for this to happen, I'm sure all of you would have been disappointed. The advert I mentioned really didn't clarify issues like this, and I'm sure that's what it attempted to do - educate people. Can anyone remeber who made this advert?

Doctor DooM

CCCP^ wrote: »

No, I'm not an arsehole. I never mentioned that the customer is always right or that I knew my rights, because I clearly didn't. The advert I saw coupled with previous retail experience confused me, but the insinuation that I had changed the sticker made me want to fight it despite not being an argumentative sort of person.

There seem's to be an attitude here towards issues like this that people who recall this advert or take this stance are nothing but fools. Yes, we are confused and uninformed, but not fools. You can't blame someone for becoming irritated when trying to purchase something only for this to happen, I'm sure all of you would have been disappointed. The advert I mentioned really didn't clarify issues like this, and I'm sure that's what it attempted to do - educate people. Can anyone remeber who made this advert?

The NCA are always making vague, undefined ads. Every Christmas they run a campaign which says "shops which tell you they don't give refunds are breaking the law." Which is true, given certain circumstances, a shop legally should give a refund.

But the nebulous nature of the ad leads to shop assistants spending the entire of January explaining "Shops which tell you they don't give refunds are breaking the law" is NOT the same thing as "you are entitled to a refund on anything if you ask."

Sorry if people seem a bit aggressive here, but you do get plenty of people shouting "I know my rights" when they don't.

Sam Vimes

CCCP^ wrote: »

because I clearly didn't.

that's never stopped anyone before

CCCP^

I'm considering reporting the NCA to....dear god the NCA?!

Cabaal

people "who know the law" are great fun

Charcoal

I get the whole invitation to treat business, but I think there might be more to it than that. I've stolen this info, I think, from the Galway forum where someone else posted this information:

http://www.consumerconnect.ie/eng/News_+_Research/Prosecutions/Businesses%20prosecuted.html

Sam Vimes

Charcoal wrote: »

I get the whole invitation to treat business, but I think there might be more to it than that. I've stolen this info, I think, from the Galway forum where someone else posted this information:

http://www.consumerconnect.ie/eng/News_+_Research/Prosecutions/Businesses%20prosecuted.html

there is more to it than that, you're right. retailers are required to display prices and can be fined for not displaying them but that's a matter for the shops and the courts, they don't have to sell to customers at the displayed price

axer

CCCP^ wrote: »

Hi, I was recently at a Gamestop store in St. Stephen's Green and was buying 3 games. When I got to the counter and the clerk on the till scanned through the games, he stopped and told me that he one of the games was priced incorrectly. I said that the law (which I admit to be not entirely sure of) was that the price you see is the price you pay.

Really, please do not try to use the law to infer rights that you do not have. It actually is really annoying when you are on the other side of the counter. Educate yourself first before saying something is law when it is not.

CCCP^ wrote: »

The clerk countered this by saying that the price was incorrect, that either another clerk made the mistake or someone - "a kid" switched the price (an insinuation that I changed the price perhaps?) and that the price difference was too great and he couldn't let it go for the different price.

Come on, he said a kid may have switched the prices. What is wrong with that? That is no insinuation that it was you since it probably does happen often.

CCCP^ wrote: »

He then told me that if all the other titles were priced like the one I picked up, he would let it go for that price, but as there was another title at the "regular" price, he couldn't. I thought this was bull****, and it really pissed me off.

He was actually being fair about this. He should be the one pissed off at you.

CCCP^ wrote: »

I'm not an argumentative person, but if I were I am sure I could have gotten the game for the price displayed, except that when I become angry I become volatile and I have some problems controlling my temper. I left the store feeling embarressed, especially at the thought that they believed I had changed the price. I AM NOT A CHEAPSKATE. They should have been more vigilent instead of standing around doing f.a.

That is very unfair when you were the one completely wrong. It is none of your business whether the employee is standing around doing f.a. or not - they cannot catch every kid (not insinuating it was you) changing the prices.

CCCP^ wrote: »

Can someone please tell me what my rights are here? I am considering complaning to their headquarters.

People have already explained that whilst the price was displayed incorrectly, you do not have a right to that price. It is however illegal to mislead the customer on prices or display incorrect prices under the consumer protection act 2007 (and there is another one but I am drawing a blank).

Charcoal wrote: »

I get the whole invitation to treat business, but I think there might be more to it than that. I've stolen this info, I think, from the Galway forum where someone else posted this information:

http://www.consumerconnect.ie/eng/News_+_Research/Prosecutions/Businesses%20prosecuted.html

They would have taken that action under the consumer protection act 2007 which is different since it was not just a simple mistake on one item.

CCCP^ wrote: »

I'm glad there is something there to protect retailers - somebody changed the price but it sure as hell wasn't me. If they knew the law I wish they would have explained it to me and resolved the issue instead of just saying No. What confused me is that goddamn advert. Please tell me I'm not crazy and that there really was such an advert.

In fairness the person behind the counter is just like you and me - just some dude in his job. He is not expected to be a lecturer in consumer law. He probably didnt know the law just the store policy (which should adhere to the law).

CCCP^ wrote: »

No, I'm not an arsehole. I never mentioned that the customer is always right or that I knew my rights, because I clearly didn't. The advert I saw coupled with previous retail experience confused me, but the insinuation that I had changed the sticker made me want to fight it despite not being an argumentative sort of person.

I don't see the insinuation from what you said. I think the employee meant what he said i.e. that some kid may have switched the stickers.

CCCP^ wrote: »

There seem's to be an attitude here towards issues like this that people who recall this advert or take this stance are nothing but fools. Yes, we are confused and uninformed, but not fools.

Not fools but uninformed. There is nothing worse than someone pretending what they want is supposed to be given to them by law and then arguing with the person behind the counter as if they knew what they were talking about.

CCCP^ wrote: »

You can't blame someone for becoming irritated when trying to purchase something only for this to happen, I'm sure all of you would have been disappointed. The advert I mentioned really didn't clarify issues like this, and I'm sure that's what it attempted to do - educate people.

Just remember that neither that employee nor the company he works for made that advert thus it is not their fault if you are uninformed or mislead by it.

Read up on your rights and you cannot go wrong.

Corruptedmorals

Customers will switch prices around, not just kids. When my store holds a sale, red sale stickers magically find their way onto brand new stock 'But it says the price is X!'. I don't think the shop assistant was insinuating YOU switched, simply that it happens and that may have been the reason for the price discrepancy.

Anyway, my shop's policy is- if there was a special or if the tag has a cheaper price than what the till scanned in it as (and it's supposed to be that price) then it gets price overrided to the correct price. But this obviously isn't every shop's policy.

Larianne

Sam Vimes wrote: »

there is more to it than that, you're right. retailers are required to display prices and can be fined for not displaying them but that's a matter for the shops and the courts, they don't have to sell to customers at the displayed price

That's maybe why some shops accept the price it was displayed at so they aren't brought to court??? I worked in Dunnes years ago and I was told that if an item was priced incorrectly the customer must get the item at the price marked (and my manager said because if the item was priced incorrectly they were actually entitled to it free due to misleading advertising). But that's all wrong. I have a feeling the OP was told a similar story maybe???

Well least we all know the law now.

Guy:Incognito

Larianne wrote: »

That's maybe why some shops accept the price it was displayed at so they aren't brought to court???

No, it's just as a good customer service jesture.

As stated above, any court issues are between them and the store. The store is under no obligation to sell at any price if it doesnt want to , let alone the cheaper one.

Cabaal

Larianne wrote: »

That's maybe why some shops accept the price it was displayed at so they aren't brought to court??? I worked in Dunnes years ago and I was told that if an item was priced incorrectly the customer must get the item at the price marked (and my manager said because if the item was priced incorrectly they were actually entitled to it free due to misleading advertising). But that's all wrong. I have a feeling the OP was told a similar story maybe???

Well least we all know the law now.

This was most likely store policy or a dumb manager, Tesco for example will give you an item for free if its charged higher then what its market on the shelf (more info on their site)

They don't have to do this according to ANY law but they do it out of company policy.

subway

i think what you are referring to is the "scanning code of practice"
http://www.gs1.ie/sid/1248

you can see the chains that subscribe to it listed on the link.
they guarantee that "the price you see is the price you pay"
superquinn give it for free (i think) if the price is wrong
tescos give double the differece (i think) etc

there is no legal obligation on retailers to correctly price products, or even advertise the correct price, as long as the consumer can back out of the sale at the till.
there is a slight difference if you can prove that the price mistake was purposely misleading in an advert instead of just a mistake

axer

subway wrote: »

there is no legal obligation on retailers to correctly price products, or even advertise the correct price, as long as the consumer can back out of the sale at the till.

I think this is misleading since there is a legal obligation to display the correct price under the consumer protection act 2007 but a mistake is an exception. An offender can be prosecuted/fined by the National Consumer Agency.

subway wrote: »

there is a slight difference if you can prove that the price mistake was purposely misleading in an advert instead of just a mistake

Thats a big difference under law.

digiboyz

Sam Vimes wrote: »

that's never stopped anyone before

Yes very true

subway

axer wrote: »

I think this is misleading since there is a legal obligation to display the correct price under the consumer protection act 2007 but a mistake is an exception. An offender can be prosecuted/fined by the National Consumer Agency.

fair point, but who does the burden of proof lie with?

axer wrote: »

Thats a big difference under law.

but a slight difference in the wording of my answer, which is what i was referring to

for all intents and purposes, from a customer point of view, if a price is wrong and the retailer informs you at the POS then you will generally end up paying that price if you choose to complete the transaction.

***

what i would like to see is a some sample cases or test cases that show situations where a consumer has purposely been misled about the price of an item so that consumers such as the OP are more aware of the situations that can arise in which they would be entitled to complain

MysticalSoul

OP It is always best not to quote the law UNLESS you can quote what act it relates to. If it were me I would have tried to liase with them saying, I will check the other ones (assuming there was more than one of the games you wanted in stock), and check the price on the others. If it was the same price as what you had, then I would try and debate that point, but if not I would leave it.

CCCP^

Well if anything this event has opened my eyes alot and atleast I have better knowledge of the law and my rights. I emailed the store afterwards and apoligised for being a muppet and recieved a response not long afterwards so I was happy with that, probably shouldn't have taken things so personally

jimmycrackcorm

The Price you see is the price you pay is a voluntary campaign by the retail industry to improve the shopping experience by correctly displaying and matching prices between shelf edge and till scan. Very few shops actually do it and it really only suits those who use shelf edge labelling.

G86

CCCP^ wrote: »

I'm not an argumentative person,

except that when I become angry I become volatile and I have some problems controlling my temper.

**bites tongues very hard and moves AWAY from the keyboard.......


:rolleyes:

Clare Bear

G86 wrote: »

**bites tongues very hard and moves AWAY from the keyboard.......


:rolleyes:

LOL:pac:

Oryx

CCCP^ wrote: »

Well if anything this event has opened my eyes alot and atleast I have better knowledge of the law and my rights. I emailed the store afterwards and apoligised for being a muppet and recieved a response not long afterwards so I was happy with that, probably shouldn't have taken things so personally

Good for you, doing that. You would be one of very few who would bother. Retailers get a lot of flak, its nice to see an apology offered. Kudos.

axer

Oryx wrote: »

Good for you, doing that. You would be one of very few who would bother. Retailers get a lot of flak, its nice to see an apology offered. Kudos.

+1

EKRIUQ

I was in a cash and carry today and a can of coke when bought as the 12 pack comes out as 35 cent a can.:pac:

board om

i love it when people pick up an item in a shop and it turns out to be more expensive than advertised, they argue that they should get the item for the cheaper price. but when they pick up an item and it turns out to be cheaper than the advertised price you dont hear them offering to pay the extra money. they just keep their mouth shut and walk away smiling.

tbh i know i dont complain when something works out cheaper than priced anyway

Kintarō Hattori

CCCP^ wrote: »

Well if anything this event has opened my eyes alot and atleast I have better knowledge of the law and my rights. I emailed the store afterwards and apoligised for being a muppet and recieved a response not long afterwards so I was happy with that, probably shouldn't have taken things so personally

Fair play, that was decent of you.

Crapjob Sean

CCCP^ wrote: »

I'm not an argumentative person, but if I were I am sure I could have gotten the game for the price displayed, except that when I become angry I become volatile and I have some problems controlling my temper. I left the store feeling embarressed, especially at the thought that they believed I had changed the price. I AM NOT A CHEAPSKATE.

We probably shouldn't make you angry.
We wouldn't like you when you're angry.