overcharged for baguette

omnithanos

I usually get a chicken fillet baguette with butter, lettuce and mayo for €1.99 from the same shop every Wednesday.
I checked that the poster was still in the window advertising a chicken fillet baguette for €1.99 and I went inside and placed my usual order. However on this occasion the lady made up a chicken fillet baguette with mayo, coleslaw and lettuce then handed it to me with a price tag of €2.50.
I had the exact amount of €1.99 in my hand but I just assumed I was charged extra for the coleslaw and paid the full amount of €2.50 in the queue.

When I went outside I inspected the price sticker and the poster and neither make any mention of an extra charge for additional items so I peeled off the sticker with the intention of going back this evening before I get my bus to request a refund of 51 cent.

Am I in my rights to do this and what action can I take if they refuse?

cabla

Is this a joke? You want to take legal action over 51c?

Local_Chap

OP don't roll over without a fight

omnithanos

cabla wrote: »

Is this a joke?

No it just happened.

My circumstances are not very good, I've had my property repossessed, I'm out of work, my son was diagnosed with Autism and my wife had to give up her job to care for my son. I have been granted a medical card in order to help purchase expensive insoles for my son but the HSE have delayed approving these for five months so I don't appreciate having an extra 51 cent taken from me unjustly.

Rackstar

Lettuce know how this goes.

d1980

cabla wrote: »

Is this a joke? You want to take legal action over 51c?

The op kneads the cash

godtabh

You didn't have to buy it. You could have left it there and walked out.

omnithanos

Rackstar wrote: »

Lettuce know how this goes.

I won't be involving my current solicitor as he has been totally negligent. He hasn't returned correspondence for over six months and he never informed me that the court had ordered that I was to lodge a statement of affairs by February of last year so in April I had the court order, which I knew nothing about, delivered to me by courier with a penal endorsement stating that I would go to prison if I did not comply.
He subsequently texted me in July saying his position was that I had to either meet him in his office on either that Sunday morning or to meet him in town on Monday morning to sign my statement of affairs.

swiftman

Where did this happen, county mayo?
They weren't trying to butter you up for next time you visit and you'd spend more.
Don't be a chicken and stand your ground.
Fillet us in on what happens.

omnithanos

swiftman wrote: »

Where did this happen, county mayo?
They weren't trying to butter you up for next time you visit and you'd spend more.
Don't be a chicken and stand your ground.
Fillet us in on what happens.

Another swift response!

Paulw

omnithanos wrote: »

I checked that the poster was still in the window advertising a chicken fillet baguette for €1.99 and I went inside and placed my usual order. However on this occasion the lady made up a chicken fillet baguette with mayo, coleslaw and lettuce then handed it to me with a price tag of €2.50.
I had the exact amount of €1.99 in my hand but I just assumed I was charged extra for the coleslaw and paid the full amount of €2.50 in the queue.

Am I in my rights to do this and what action can I take if they refuse?

Nope, you've no rights. You requested an item. They gave you the item and offered it to you at a price. You paid the price and left.

Your options - at the time of purchase, you should have queried the price.

Since you didn't, you can now only go back and ask for their help, for the 51c. If they say no, then there is nothing more you can do, except take your business elsewhere in future.

ahnowbrowncow

€2.50 for a chicken roll sounds like a bargain to me, where is this place?

On a more serious note if finances are so tight that you're considering legal action over 51c would it not be more cost effective to make your lunch?

WoollyRedHat

OP, without saying too much as I'm fearful they might come after me, this goes all the way to the top.

I'm interesting in helping you get justice however, it's my bread and butter.

Aint Eazy Being Cheezy

omnithanos wrote: »

No it just happened.

My circumstances are not very good, I've had my property repossessed, I'm out of work, my son was diagnosed with Autism and my wife had to give up her job to care for my son. I have been granted a medical card in order to help purchase expensive insoles for my son but the HSE have delayed approving these for five months so I don't appreciate having an extra 51 cent taken from me unjustly.

should've made your own sandwiches

omnithanos

Paulw wrote: »

Nope, you've no rights. You requested an item. They gave you the item and offered it to you at a price. You paid the price and left.

Your options - at the time of purchase, you should have queried the price.

Since you didn't, you can now only go back and ask for their help, for the 51c. If they say no, then there is nothing more you can do, except take your business elsewhere in future.

Well they did not produce the item I requested. I did not ask for a chicken fillet baguette with coleslaw, I just didn't want to make a fuss.

gallag

Op has really put things in perspective for me, sometimes it takes a story like this just to remind you of just how lucky you are!

Paulw

omnithanos wrote: »

Well they did not produce the item I requested. I did not ask for a chicken fillet baguette with coleslaw, I just didn't want to make a fuss.

If they didn't give you the item you requested, then why did you take it? You should have said what you wanted, and made it clear. You accepted the item they offered and the price, and you paid the price and left. You had options at the time of purchase.

omnithanos

ahnowbrowncow wrote: »

€2.50 for a chicken roll sounds like a bargain to me, where is this place?

On a more serious note if finances are so tight that you're considering legal action over 51c would it not be more cost effective to make your lunch?

I'm not considering legal action just wanted to know my rights.
I actually went to legal aid recently asking about a bunch of student tenants who scarpered on me owing over €4,000 in rent and he said to forget about it.
I wasn't even going to get to keep the rent as the bank were demanding that I hand over all the rental income minus any costs.

Jjiipp79

ahnowbrowncow wrote: »

€2.50 for a chicken roll sounds like a bargain to me, where is this place?

On a more serious note if finances are so tight that you're considering legal action over 51c would it not be more cost effective to make your lunch?

This guy can pick the important info out of a story........... €2.50 for a hot chicken roll is a steal! Maybe they should sue you, for robbing them.... Lol.....

omnithanos

Paulw wrote: »

If they didn't give you the item you requested, then why did you take it? You should have said what you wanted, and made it clear. You accepted the item they offered and the price, and you paid the price and left. You had options at the time of purchase.

Because they would have thrown it out and I don't agree with waste.

omnithanos

Jjiipp79 wrote: »

This guy can pick the important info out of a story........... €2.50 for a hot chicken roll is a steal! Maybe they should sue you, for robbing them.... Lol.....

It wasn't hot, that is extreme disinformation.

duffman13

omnithanos wrote: »

I just didn't want to make a fuss.

But your seeing what your legal options are?

WoollyRedHat

omnithanos wrote: »

It wasn't hot, that is extreme disinformation.

I'm guessing he's baguetting paid to discredit you.

godtabh

omnithanos wrote: »

Well they did not produce the item I requested. I did not ask for a chicken fillet baguette with coleslaw, I just didn't want to make a fuss.

still didnt have to buy it

godtabh

omnithanos wrote: »

Because they would have thrown it out and I don't agree with waste.

Then you agreed to buy it at the price stated. You cant have it both ways

Squatman

godtabh wrote: »

You didn't have to buy it. You could have left it there and walked out.

Thats a great response if his original question was "what could I have done, if I had noticed an overcharge as I ordered the roll?",
however, since this was not his question, and given that you are a moderator, could we try and answer the question that was asked...:rolleyes:

OP, go back and ask the question anyway, you have nothing to lose.

WoollyRedHat

godtabh wrote: »

still didnt have to buy it

There's not a crumb of truth to these accusations, stop misrepresenting my client please.

omnithanos

godtabh wrote: »

Then you agreed to buy it at the price stated. You cant have it both ways

I didn't want to make a fuss in the queue either. I'll go back and see what they say. If the poster in the window says €1.99 shouldn't they give it to you for €1.99?

galljga1

omnithanos wrote: »

I usually get a chicken fillet baguette with butter, lettuce and mayo for €1.99 from the same shop every Wednesday.
I checked that the poster was still in the window advertising a chicken fillet baguette for €1.99 and I went inside and placed my usual order. However on this occasion the lady made up a chicken fillet baguette with mayo, coleslaw and lettuce then handed it to me with a price tag of €2.50.
I had the exact amount of €1.99 in my hand but I just assumed I was charged extra for the coleslaw and paid the full amount of €2.50 in the queue.

When I went outside I inspected the price sticker and the poster and neither make any mention of an extra charge for additional items so I peeled off the sticker with the intention of going back this evening before I get my bus to request a refund of 51 cent.

Am I in my rights to do this and what action can I take if they refuse?

What a post!

Yellowblackbird

godtabh wrote: »

still didnt have to buy it

What happens if he goes into every shop in dublin and gets them to make him up a "baguette" to his specifications - and then declines to buy. Leaves the shop laughing. His "baguette" can't be sold to anyone else. The shop is at a loss for the ingredients.

gallag

Squatman wrote: »

Thats a great response if his original question was "what could I have done, if I had noticed an overcharge as I ordered the roll?",
however, since this was not his question, and given that you are a moderator, could we try and answer the question that was asked...:rolleyes:

OP, go back and ask the question anyway, you have nothing to lose.

It's funny that you believe the op is being serious, silly goose.

vandriver

Scrape the coleslaw off and return it.Simple.

omnithanos

duffman13 wrote: »

But your seeing what your legal options are?

For a laugh since I've been banned from the Conspiracy Forum.

Funnily enough a homeless guy came up to me outside the shop asking for money for a sandwich so I offered him half of mine and he said nah.

Uno my Uno.

Unlike this thread, de minimus non curat lex.

However...

From a contractual law Point of view the OP has no comeback here. The poster in the window advertising a chicken roll at €1.99 is "an invitation to treat" that is to say, it is not a contractual offer which the OP is capable of accepting. Neither the OP nor anyone else can force the shop to sell them a chicken roll for €1.99 just because of the poster in the window.

When the OP presented the Chicken roll to the cashier with a sticker of €2.50 on it the OP was making a contractual offer to buy the roll for €2.50, the cashier accepted that offer, the OP paid his money and the contract was complete. as a result the OP has no legal basis to get his 51c back. If the OP was not happy with the price he should have addressed that with the cashier before paying his money.

On a non legal basis the shop owner may take pity on the OP and refund him his 51c as a goodwill gesture. Attempting to assert incorrect legal rights is likely to use up any good will long before the issue of a refund comes up.

omnithanos

Uno my Uno. wrote: »

Unlike this thread, de minimus non curat lex.

However...

From a contractual law Point of view the OP has no comeback here. The poster in the window advertising a chicken roll at €1.99 is "an invitation to treat" that is to say, it is not a contractual offer which the OP is capable of accepting. Neither the OP nor anyone else can force the shop to sell them a chicken roll for €1.99 just because of the poster in the window.

When the OP presented the Chicken roll to the cashier with a sticker of €2.50 on it the OP was making a contractual offer to buy the roll for €2.50, the cashier accepted that offer, the OP paid his money and the contract was complete. as a result the OP has no legal basis to get his 51c back. If the OP was not happy with the price he should have addressed that with the cashier before paying his money.

On a non legal basis the shop owner may take pity on the OP and refund him his 51c as a goodwill gesture. Attempting to assert incorrect legal rights is likely to use up any good will long before the issue of a refund comes up.

That's a good answer.
Sometimes it's a bit embarrassing arguing over the price of things though.

I deal mostly with sandwich law but I've been keeping up to date with baguette laws as a hobby! Now since was bought on the 6th of Mayo, you can go talk to the shop owner! He will give you complaint log! Make sure you fillet!!! Don't cut it in half! If he's not gettin you, tell him to ketchup! You can prob watch cctv on the deli!!

omnithanos

Uno my Uno. wrote: »

Unlike this thread, de minimus non curat lex.

However...

From a contractual law Point of view the OP has no comeback here. The poster in the window advertising a chicken roll at €1.99 is "an invitation to treat" that is to say, it is not a contractual offer which the OP is capable of accepting. Neither the OP nor anyone else can force the shop to sell them a chicken roll for €1.99 just because of the poster in the window.

When the OP presented the Chicken roll to the cashier with a sticker of €2.50 on it the OP was making a contractual offer to buy the roll for €2.50, the cashier accepted that offer, the OP paid his money and the contract was complete. as a result the OP has no legal basis to get his 51c back. If the OP was not happy with the price he should have addressed that with the cashier before paying his money.

On a non legal basis the shop owner may take pity on the OP and refund him his 51c as a goodwill gesture. Attempting to assert incorrect legal rights is likely to use up any good will long before the issue of a refund comes up.

What about when you buy something in Tesco which is advertised for €2 and when you go to the self service checkout it's €10? They used to give it to you for free, then they had a policy of giving you double the difference and now they just give you a refund.

inforfun

Next time buy a Bologna/ baloney sandwich

chasm

omnithanos wrote: »

What about when you buy something in Tesco which is advertised for €2 and when you go to the self service checkout it's €10? They used to give it to you for free, then they had a policy of giving you double the difference and now they just give you a refund.

Tesco still give double the difference, though i don't think it applies at the self scan desks.

Uno my Uno.

murraychrisg wrote: »

I deal mostly with sandwich law but I've been keeping up to date with baguette laws as a hobby! Now since was bought on the 6th of Mayo, you can go talk to the shop owner! He will give you complaint log! Make sure you fillet!!! Don't cut it in half! If he's not gettin you, tell him to ketchup! You can prob watch cctv on the deli!!

You sandwich amateurs, you do more ham than good. With a case like this you can't just wrap it up and hope the judge will swallow it!

omnithanos wrote: »

What about when you buy something in Tesco which is advertised for €2 and when you go to the self service checkout it's €10? They used to give it to you for free, then they had a policy of giving you double the difference and now they just give you a refund.

That is just their store policy, legally the price is the price given at the checkout not the price on the shelf or anywhere else.

Perhaps you would consider writing to your TD on the matter, it is clearly very important to you and additional consumer protections may be warranted in relation to hidden coleslaw charges. Personally I would be opposed because I love coleslaw and put it on just about everything.

SteM

omnithanos wrote: »

What about when you buy something in Tesco which is advertised for €2 and when you go to the self service checkout it's €10? They used to give it to you for free, then they had a policy of giving you double the difference and now they just give you a refund.

But that's not what happened here. They added coleslaw to your order and charged you for it. The time to say something was when you were told the price and found out there was coleslaw that you didn't want.

If you bought milk in Tescos and you found that they added bread to your sale without telling you and charged you for it would you give them back the bread for a refund or would you eat the bread and then ask them for a refund on it later?

omnithanos

chasm wrote: »

Tesco still give double the difference.

Last time my wife was there they said they didn't do that anymore till my wife showed the customer service representative the sign so she said oh fine and gave it.
Then I went in and was overcharged for two packs of m&m's but the sign wasn't there so she just gave me a refund.

omnithanos

SteM wrote: »

But that's not what happened here. They added coleslaw to your order and charged you for it. The time to say something was when you were told the price and found out there was coleslaw that you didn't want.

If you bought milk in Tescos and you found that they added bread to your sale without telling you and charged you for it would you give them back the bread for a refund or would you eat the bread and then ask them for a refund on it later?

But neither the sign outside nor the sticker indicated that there was an extra charge for coleslaw.

SteM

chasm wrote: »

Tesco still give double the difference.

Not from my experience at either Baggot Street store or in the Square.

SteM

omnithanos wrote: »

But neither the sign outside nor the sticker indicated that there was an extra charge for coleslaw.

I'm sure the sign also didn't say there would be an extra charge to load it with beef or ham or turkey either but there obviously would be.

chasm

SteM wrote: »

Not from my experience at either Baggot Street store or in the Square.

It's at the bottom of the big blue "promise" sign, there are usually a coupleof these signs instore, one by CSD and one around the tills. I have just edited my original post as i don't think it applies to items paid through the self scan.
Apologies for straying from the OP

omnithanos

chasm wrote: »

It's at the bottom of the big blue "promise" sign, there are usually a coupleof these signs instore, one by CSD and one around the tills. I have just edited my original post as i don't think it applies to items paid through the self scan.
Apologies for straying from the OP

Funny how they would discriminate against self shoppers.

chasm

omnithanos wrote: »

Funny how they would discriminate against self shoppers.

Hardly discrimination, you are scanning the item yourself, so you should be able to call for assistance if it scans at a higher price.

omnithanos

chasm wrote: »

Hardly discrimination, you are scanning the item yourself, so you should be able to call for assistance if it scans at a higher price.

What should you do if you're in a rush, an item doesn't scan and there are no assistants on the floor to help, should you assume the item is free?

SteM

Starving children and Dunnes workers indeed. Ever wonder how they produce a chicken fillet baguette for €1.99?

omnithanos

SteM wrote: »

Starving children and Dunnes workers indeed. Ever wonder how they produce a chicken fillet baguette for €1.99?

I assume they murder an innocent chicken.