Incorrect Price and Customer Rights

Hi all,

Just want to know what are the customer rights when there is an incorrect price quoted.

I don't what to name the store, its more for general knowledge, all under Australian law.

Scenario:
I saw a price for an item online on website but it went to normal price next day. So I called the store and asked if they can still do it for the price they had yesterday, which they agreed as they could still see it in their system. So after few minutes an order was created and I was charged full amount for the order. Few hours later I receive a phone call to confirm the items and then I'm told that the price is not correct due to some errors in their systems etc and the best price they can do is $400 (about 15%) dearer but they will include bonus worth $100.

I totally understand that prices online can have mistakes and that its up to the store to honour it or not if its completely wrong, however how is it when making the actually order with a person over the phone after confirming all the details about product, pricing and eventually paying for the item based on such information?

Not that I want to cause any problems to the person who made the mistake, just seems a little unfair / disappointing after speaking to an actual sales person from the store.

TIA

Comments

  • +7

    Nothing you can do. Just move on or accept their best offer as an apology.

  • +2

    I saw a price for an item online on website but it went to normal price next day.

    So they corrected the 'incorrect' price before you could even purchase?

    So nothing to see here then. Move on.

    • I asked over the phone if they can do it for the price they had there day before and they agreed (as she could still see the price I saw), made the order and eventually charged me for it as agreed over the phone.

      I haven't made the order via website, but by talking to an actual person from the store over the phone. I explained what happened, she said she can still do it for the price that was there, took my details, I paid only to get a phone call later.

    • -1

      Why do so many people on this site have to be so rude to people for absolutely no reason whatsoever?

      It's even more pathetic when they can't read basic English and so completely misinterpret what actually happened, making their entire post useless!

      • Why do so many people on this site have to be so rude to people for absolutely no reason whatsoever?

        and yet here we have your reply, that falls smack bang in the rude to people for no reason at all camp.

        misinterpret what actually

        No I read it all. OP seen a incorrect price, it was corrected before they could order. This should have been the end of it. The OP clearly was aware it was a pricing error as they said themselves, it was ~$400 cheaper 'yesterday'.

        Anyhow, OP called up and talked the salesperson into to selling at incorrect price, error was picked up as the order was being processed. Stores are allowed to cancel orders for pricing errors.

        So yeah, nothing to see here, move on. The store does NOT have to sell the item to you at the price you seen days ago that is longer the price today.

        Do you go into the supermarket and complain that this item was half price yesterday but as the the 'sale' ended and it is back to full price, they should sell it to you at yesterdays sale price? No didn't think so.

        It's even more pathetic when they can't read basic English

        Again what was that about being a rude for no reason whatsoever? Oh right, you're a hypocrite.

        • I understand your argument that you shouldn't be rude in return to rude people, but it definitely isn't for "no reason". Nor have I ever claimed to be perfect!

          Nothing in their post indicates it's an "incorrect price" - it reads to me as if it was on special offer and the offer ended. I've asked small businesses in the past whether they'd let me buy something at an offer price that recently ended - sometimes they say yes, sometimes they say no. In this case they said yes and took payment for it.

          Though my main point was just that you were talking rubbish, and not the specifics of whether this is a misprice or not. They corrected the price AFTER they purchased it, not before. The price changing on the website is irrelevant. No I wouldn't haggle in a supermarket, but I've never purchased anything from JB Hifi without getting someone to discount it for me - I wouldn't expect them to contact me after the fact and say they've changed their mind.

      • The supplier corrected the price in accordance with the CCA 2010.

        JimmyF reply is short, but to the point.

        • -1

          I understand, but why did they then sell it to me for the cheaper price instead of saying they can't do it? I'm not questioning the price change, more so the fact that they agreed to "match" the price, took the payment and now saying they can't do it.

          • @LukeOz83: Maybe the cs had a momentary lapse of concentration. Who knows.

            It isn't uncommon for suppliers to have clauses in their t&c that stipulate that they retain the ownership of the good until it's transferred to the carrier or to the customer.

  • google invitation to treat

    • I think in this case OP paid over the phone, so I think a contract was made.
      If the OP litigated, it’s quite possible they would be successful, if that is the case.
      But I can’t imagine any judge awarding costs over a discrepancy worth less than $60, so I would just move on…

  • Happens all the time.

    It is illegal to charge you EXTRA once you have bought the item.

    But they are allowed to change the price many times before final purchase by you.

    Just today Coles made a mistake, after printing their catalog, of a "15% off Telstra Prepaid Recharge" that wasn't to be, that was cancelled by them early this morning via stickers on the self-service terminal. :(

    • That's sort of what I'm trying to look into. I understand it happens all the time and printed catalogues and online prices can have errors etc. Also understand if the price is way too low, but I have seen this item before for similar price so wasn't unrealistic. Hence I called them, they confirmed, agreed to sell for the price and eventually sold it and was paid in full at the same time. That's what disappoints me. Had they told me it was incorrect from the beginning, I would have understood. Not after actually selling it to me

      • I agree.

        Dodgy store.

        What is the name of the dodgy store?

        • +1

          Don't really want to name them, haven't seen issues with them before, although it is disappointing.

  • Hardly Normal did that to me at one of their stores. Told 1 price then within the time she checked if any stock in back she corrected herself and said it was more. Oh. Wt. Can't do that price. Ok can I speak to the manager and he says sorry the price is higher. That's what the system says. Then as a good salesperson the original sales persom tried to do the switcharoo and up sell me to another model which was almost twice the price and not even on sale. All you can do is walk out or just go elsewhere. Which is what I did.

  • I think you are legally in the right here, but like many things in the real world, the stakes aren’t high enough to get the resolution you want.
    In all the jobs I’ve ever worked there have been errors and problems, and it is nice they offered you some bonus to try to make up the error.
    But while you might be able to take them to court and force them to honour your agreement (assuming the transaction was completed over the phone), it would waste everybody’s time and resources.

    If it irritates, consider shopping elsewhere, but also remember the staff members you deal with probably can’t override the head office decision.

    • -1

      I wouldn't personally say a company is being "nice" if they're refusing to comply with the law and instead offer a resolution that is less than they're legally obligated to do!

      I agree with the sentiment though - it's not a big deal in the grand scheme of things.

  • If you ordered on the phone, did they provide an invoice? if Yes, then the contract is made. its now up to them to figure out how to fulfill the order. But it may mean that they can always come back and say the said product is not in stock and so there is a wait period of X days, weeks, months.
    I've had a pleasant experience few months ago with Dell. I placed an online order on one of their laptop specials with I5, 1TB HDD. The order went through fine and I received an order confirmation. A day later I received a call from them that the laptop under the special was now out of stock, They gave me a choice of getting an I7, 256 GB SSD at the same price, OR wait for 3 months for new stock to arrive OR full refund.
    I went for the I7, 256 GB SSD which was nearly $ 275 higher priced when I had placed the order.

    • Invoice was meant to be sent via email, I suppose that was when they realised. They took the payment though. Regardless, yours is a better scenario as I'd have taken higher model myself too. But in my case it's more like I receive a free mouse with it and pay the extra 😁 ill try to bargain them a bit more today though. Happy to pay a little extra in the end, though still not impressed . Cheers

  • I noticed Woolworths today had a little sign up saying you do actually get the item free if it scans at a higher price, it said conditions apply but didn't say what those conditions were. I thought it was a myth but they are saying they'll do it.

  • +1

    Thank you all for your input, really appreciate it.

    As some said, I too believe it is a contract made, and now they trying to back out of it.

    To those who think store is in right, as much as I understand incorrect pricing, I still believe that if it was corrected on the website, the sales person shouldn't have sell it to me and take the full payment.

    I will call them back today and see.

    Cheers

  • report to consumer affairs - worked or me when I bought a mobile phone through an unnamed company on ozb. got my phone in due course. they said the price was a mistake etc.
    some companies use this bait and switch technique.