Consumeradvice

I spotted a dress in a high street store that was on sale and when I got the till, the shop assistant explained that it was incorrectly labelled, and the item would be more expensive. I then got home and saw the item listed at the original price that was on the tag. What can I do?

Was the trader obligated to sell the item at a lower price?

The trader correcting the error before you purchased the item was the most appropriate course of action. The trader advertising items on sale is known as ‘invitation to treat’.  Even though the items were labelled at the discounted price, the trader is not obligated to sell them to you for this price.

 

If this happens on a regular basis with the same trader, it may be classified as misleading selling practice, but this would need to be proven.  

 

Should the price tag match the price listed on the website?

In relation to the online sale, the trader is also within their rights to sell the item at this discounted price. 

 

Had the item been purchased online, and there been a similar situation as you had in the store, there would be potential recourse if you had received email confirmation of acceptance of the order or the goods had been dispatched.  

 

Reporting Misconduct

Situations where a trader fails to fix pricing errors, or regularly incorrectly prices items could be considered breaching the Consumer Protection from Unfair Trading Regulations, 2008, with the retailer demonstrating misleading selling practice.  

 

You can report instance of this to consumeradvice.scot on 0808 164 6000, or by visiting www.consumeradvice.scot, where the team are available to chat online, Monday to Friday, 9am-5pm.