- Joined
- Jun 24, 2008
- Messages
- 37,732
When a retailer offers a product for sale the law considers this as an 'invitation to treat', i.e. an invitation to the customer to make an offer. The retailer is not bound to accept that offer at an advertised or indeed at any other price - at this stage there is no contract. In individual instances the courts may choose to view the contract as having been formed when the retailer electronically accepts an offer, but generally this is when you are charged for an item, as you have the right to expect the arrival of goods and fulfilment of the contract for which you have paid monies etc. (I notice that increasingly on the email confirmations I get from online retailers they clearly state that items ordered are subject to availability and that they do not consider a contract to be formed unless and until they take payment from your card.)
Consumer Protection legislation criminalises misleading pricing. However the courts may also declare a contract void if the retailer can prove they made a genuine error in their original pricing. The issue here is due diligence - the retailer has to prove that they took all steps that were reasonably available to them to prevent this mis-pricing from happening, and that they have reliable systems to prevent a recurrence.
Have I bored you all to sleep? :yawn:
no hehe i found that quite intresting acutally,
so for example that they sent the good and you received them and they kept putting more of the same "mistake" on other items on the website and toy had like screen prints and that of them and then wanted the goods back in which you had received what would happen then??
