False advertising?? - Very.co.uk

[bloonoo]

Hello

Any lawbods in here?

I am trying to purchase a mobile phone off of very.co.uk, the phone says it is in the sale at ?179. However, when you click through to add it in the basket, it comes at ?199. I phoned Very to tell them this and that I wanted the phone at ?179 but they refused, saying first of all the sale had ended, to which I responded 'well you shouldn't still be advertising at sale price then, that's false advertising'. They then said 'the phone was never at ?179, the website is a misprint, there's nothing we can do sorry'. I was annoyed and told then they were false advertising, but apparently a 'misprint' doesn't count as false advertising. I know it is only ?20 but it wound me up the way the lady treated me - she hinted that I was lying when she couldn't find any price saying ?179, and then when I said the phone WAS in the sale at ?179 as I had in in the basket yesterday but the website was crashing when I tried to set up an account to pay for it, she said 'that's very unlikely, the phone has never been at ?179'. It was you stupid bat!!

So have I got a leg to stand on? I already gave her hell for an hour and she didn't back down...I also annoyingly forgot to get her name...

Thanks!

PS edited to correct mistakes written in anger lol

[The Minkey]

Not a lawbod but unless you got a screenshot, I can't imagine how you'd prove it even if there were a case for compelling the company to sell you the product at that advertised price.

[KalamityKel]

I always thought, despite common belief, that the customer doesn't have a leg to stand on unless a contract between customer and company had been agreed by means of money being exchanged...

[RosieH]

Yes, I'm not sure you have a complaint here, other than one of customer services - I'm pretty sure they're not obliged to see you anything at a misprinted price.

There've been a few cases recently where supermarkets have declined to honour prices on their websites when there were misprints (those who got in quick were able to get 75cl bottles of vodka for a quid and something else of higher value that I can't remember).

Best you can hope for is an apology and maybe a voucher if you play nicely.

[bloonoo]

I have a screenshot, and I directed her to the mistake on the website, but she refused to honour it. Annoyed me how ?20 to me is a lot of money but to them it's not even a penny...I am a nobody but I could have been Holly Willoughby for all she knew and cancel my advertising contract with her shops over this. silly lady!

[KalamityKel]

Did you ask to speak to someone else?

[bloonoo]

Yeah - the first lady I spoke to said she'd honour the price but then she said 'oh I had better check the team will credit your account with ?20, one second', came back to me and said 'I'm really sorry, they're refusing to honour the price' so I asked to speak to her Manager and she said 'good luck, I will put you through but I spoke to her for a good few minutes arguing your case but she wouldn't let me do it'. It was the Manager I spoke to who said no. It's incredibly annoying as I still really want the phone but they're selling it the cheapest but I don't really want to give them my custom.

[randombloke]

Going back to dim memories of college isn't there something to do with "The mere statement of price does not constitute an offer, merely an invitation to treat"?

It's probably obvioius to anyone who travels on the top deck of a Clapham Omnibus.

His Lordship may be better informed but he is certainly none the wiser...

[Applespider]

No, they don't have to. As randombloke says, it is an invitation to treat rather than an offer.

However, it may be that Trading Standards are interested that they are advertising something with no intention of selling it at that price (unless of course they had a notice saying 'limited stock' or 'for a limited time' etc.

Good luck.

[bloonoo]

Thanks all :)

[felt-tip]

quite right: laying out goods at a certain price is an 'invitation to treat'. you, as the customer then go to the checkout and 'offer' to buy the goods at the price stated. they can 'accept' (thus concluding the contract) or can 'refuse' or 'counter-offer'.

ah it all comes back to me. all i need now is 80p pints and an even worse haircut than i currently have.

applespider is quite right though - sounds like an open and shut case of misleading advertising. the bastards.

[DJKillaQueen]

Hmm see I've had many instances where I've bought something at a supermarket with a ticket price on the shelf only to find the till price different. It was usually the case that the shelf price was an offer that had expired but the supermarket have always told me they have to honour the shelf price. On one ocassion I found a leg of lamb in the fridge with the wrong price printed on it (of just ?1.10). Again the manager said he had to sell me it at the misprinted price.

[sofaRunner]

can't help with the pricing problem but if you google the companys name a lot of people have had problems with them.. I ordersed some jars from them a few weeks ago - took ages to get a delivery as they were out of stock. it let me buy before saying there were none

I wouldn't use them again - it all got too complicated & their communication is pretty poor