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superspark



Member Since: 24 May 2009
Location: Devon
Posts: 877

United Kingdom 2008 Freelander 2 TD4 SE Manual Izmir Blue

KNOW YOUR RIGHTS !!!!!!!!

If say you walked into a shop, seen somthing for a realy cheap price, pay for it and leave the store theres not a dame thing they could do about it if some one comes out to you and says you need to pay more.
You have left the shop and the transaction is now complete.

If however you order something on line and they send some thing which is not as discribed then the transaction is not complete. You can barter with them all you like but the best you can get is at least your money back and the firm to collect at (their exspence) the wrongly supplied goods as their mistake was to wrongly price or lable them.

Some times you can get them to rightly supply the right part at the price stated as a good will guesture as bad pr will lose them more money in the long run which im sure they dont want to do.


It can also work in other ways, take for instance what happened to me a few years back. Agreed to have a cd changer fitted in one of my cars after agreeing a set price only to find that on collection the price had jumped up by £150 more.
Told the sales office the problem that if it had been that much more i would not have bothered, and told them i would would pay the original price quoted or reinstate car back as it was. I paid the original quoted price.


MORAL OF THE STORY IS, DONT BE TAKEN FOR A MUG.IF YOU LET THEM THEY WILL. Thumbs Up

Post #89566 24th Jan 2011 7:27 pm
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mojo



Member Since: 06 Feb 2010
Location: Outta here.
Posts: 365

2010 Freelander 2 TD4_e S Manual Stornoway Grey

I am fairly certain that Invitation to Treat would only apply BEFORE the money had been taken. Once money taken then you have a CONTRACT which is binding. Ie, you see something you want in a shop window at a cheap price, you go in and ask for it at that price. The shop can then say it is priced incorrectly and remove it from sale at that price. If they say no problem and take your money, they have entered into a contract with you to supply the goods at the price advertised. By the way, I'm not a lawyer so don't quote me!

Post #89572 24th Jan 2011 7:44 pm
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The Doctor



Member Since: 09 Jul 2010
Location: Gallifrey
Posts: 4615

United Kingdom 

mojo wrote:
I am fairly certain that Invitation to Treat would only apply BEFORE the money had been taken. Once money taken then you have a CONTRACT which is binding. Ie, you see something you want in a shop window at a cheap price, you go in and ask for it at that price. The shop can then say it is priced incorrectly and remove it from sale at that price. If they say no problem and take your money, they have entered into a contract with you to supply the goods at the price advertised. By the way, I'm not a lawyer so don't quote me!


I am currently studying for a law degree at derby uni (part time 2 nights per week). I am in my second of 4 years and we did contract last year.

I agree with what junior said on the first page about 'invitation to treat' and you can't claim false advertising etc but you are correct mojo. For a legally binding contract there has to be offer, acceptance and consideration. Once all are done, the contract is in place and if they have cocked up it will be too late for them.

One of the best things about the Sale of Goods Act 1979 is that aside from S.14 which speaks of goods being of satisfactory quality and fit for purpose, S.48 basically says that if goods become faulty within 6 months of purchase then they are taken to have been faulty from the very moment they were purchased. So unless the retailer can show that exact product was fine at the point of sale, there is no 30 day or any other smallprint they can rely on.

Retailers know this and they know that we know. But we make believe that we don't know and they make believe that they believe that we don't know, but know that we know. Everybody knows. Laughing LL.B (Hons) - University of Derby
LOT (Lord of Time) - University of Gallifrey

Post #89619 24th Jan 2011 10:04 pm
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weirdfish



Member Since: 26 Dec 2010
Location: Hadleigh, Essex
Posts: 196

England 2011 Freelander 2 SD4 GS Auto Stornoway Grey

The Doctor wrote:


Retailers know this and they know that we know. But we make believe that we don't know and they make believe that they believe that we don't know, but know that we know. Everybody knows. Laughing


All I know is it's too late at night for that Shocked Very Happy For a free country, it does seem pretty expensive these days.

Post #89625 24th Jan 2011 10:15 pm
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