Out of date website prices

[PhilH]

I don't know if this is the right place to vent my spleen, but I'm a bit peeved about this. I ordered quite a large number of detailing bits to try and make a silk purse from a sows ear of a model. These were ordered from the website and price list of a very well known and reputable purveyor of this sort of item. When the items arrived I was not amused to find that the total was over 10% more than as given on the website. This difference equated to ??7-50. I ordered the items over the phone as there was no direct ordering from the website, I didn't think to check the price as I thought I knew what it was going to be. I'm not going to pursue it further, I suppose I just wanted to moan about it, but it does seem to me that if someone goes to the time and trouble to create a website, which is both an advertisement and an enticement to buy, then it would surely be the right thing to do not to list out of date prices on that website.

 

Rant over.

 

edited to reflect my mistake in the maths - see my post below.

[Re6/6]

I don't know if this is the right place to vent my spleen, but I'm a bit peeved about this. I ordered quite a large number of detailing bits to try and make a silk purse from a sows ear of a model. These were ordered from the website and price list of a very well known and reputable purveyor of this sort of item. When the items arrived I was not amused to find that the total was over 20% more than as given on the website. This difference equated to ??15+. I ordered the items over the phone as there was no direct ordering from the website, I didn't think to check the price as I thought I knew what it was going to be. I'm not going to pursue it further, I suppose I just wanted to moan about it, but it does seem to me that if someone goes to the time and trouble to create a website, which is both an advertisement and an enticement to buy, then it would surely be the right thing to do not to list out of date prices on that website.

 

Rant over.

 

 

You were entitled to your rant Phil. I would certainly 'remind' them of their wrong prices. I could perhaps accept it if they were foreign parts, what with the rubbish Pound exchange rate. They should certainly be told off. It was unethical if nothing else.

[10000]

An extract from trading standards documents

 

 

Price Marking of Goods for Retail Sale

A guide for retailers which explains the requirements of the Price Marking Order 1999.

What does the order require?

The Order requires that where goods are offered for retail sale, the selling price and, where appropriate, the unit price must be given to consumers in writing (this includes in catalogues, in shops and via the internet).

 

 

Failure to comply with these requirements is a criminal offence.

 

 

So do as suggested above, get some screen dumps talk to the retailer then as a last resort go to your local Trading Standards office

[Oldddudders]

Quite agree! I found a website the other day that seemed to have just what I wanted, but between entering the item into my cart and going to checkout, the price increased by 50 pence! When I added another item at the same price - the same thing happened! So I didn't buy - their postage was plain silly, too, with two identical weight items costing far more than twice the single rate! - and emailed tham to say shorely shum mishtake? No, I got a response that went on about exchange rates and other rubbish, as well as staying competitive with other internet suppliers. The items mysteriously disappeared off the website about the same time, too.

 

Since I live abroad, but my pension is paid in sterling, you may assume I take careful note of what the ?? is up to on a daily basis, and in recent months it hasn't changed more than a couple of % points with the euro, but has strengthened against the US dollar. Any retailer telling you otherwise is pulling the old phonus balonus!

[Andy Y]

I've communicated with Phil over this issue as I do agree that it's lax at best even considering the technical pressures of updating the site. Trying to be pro-active about it I've emailed the supplier concerned to see if the issue can be addressed.

[PhilH]

Thanks to Andy for his help, I've also emailed the supplier concerned. I have to shamefacedly admit to a mistake - in my puzzlement over the disparity in prices I doubled up the difference, it only equates to 10%. Apologies for misleading, but the principle remains I think. I've edited the original post to reflect this.

[Ron Ron Ron]

Apart from the Price Marking Order quoted above, surely this situation will be covered by the Distance Selling Regulations?

 

http://www.oft.gov.u...ng-regulations/

 

A guidance leaflet to retailers http://www.oft.gov.u...eral/oft698.pdf

Some excerts from the guidance document....

Para 3.1 You must give your consumers certain information before they agree to buy from you.

We refer to this as pre-contractual information which includes the following.

(iii) The price of the goods or services you are offering, including all taxes.

(viii) Information about your consumers??™ right to cancel, where applicable ??“ see paragraphs 3.22 to 3.36 under ???Cancellation rights??™.

(x) For how long the price or the offer remains valid.

 

...and here's something that may be very relevent in this case...

Para 3.3 The pre-contractual information can be given by any method appropriate to the form of distance communication you are using to agree the contract, providing it is clear and comprehensible.

For example, this information can:

...be provided on a website if you sell goods or services over the internet (in which case the ECRs also apply ??“ see also Chapter 4)

...appear in a catalogue for goods or services sold by mail order, or

...be given over the phone if you are selling goods or services by phone.

In whichever way you give this information, you must make the purpose of your communication clear.

Depending on how you have provided this information to the consumer, you may need to confirm it in writing together with some additional information which must be given in all cases. See paragraph 3.10 for more information.

Section 3.9 to 3.12 on page's 14 and 15 clearly state that the retailer should inform you of the actual price in one form or another, when you place an order.

In the case of the telephone order, if you fail to check the price with the retailer at the time of placing the order, the onus is still on the retailer to inform you of the correct price. They must also confirm this in a "durable form", which in the case of a telephone order, means in writing (e.g. email, post or fax).

You have the right to cancel the order for almost any reason whatsoever (even if you just don't want the goods anymore) and have 30 days in which to do so.

In this case, it looks like you're in a good position because if you have proof of the advertised prices and if the retailer doesn't refund the difference between that and what he charged you, then it seems that you can elect to cancel the order anyway and the retailer will have to foot the cost of returning the goods. It'll probably be cheaper for him to just refund the excess charge.

 

Well I think that's right...??? .

[CullingworthGNR]

I've had similar issues from a well known kit seller - who shall remain unnamed. Suffice to say I wasn't happy, particularly when he was rude as well!

[Andy Y]

I've had a response from the trader concerned to advise that they will be working to resolve the website pricing issue as soon as possible.

 

 

 

 

 

[hollywoodfoundry]

You have the right to cancel the order for almost any reason whatsoever (even if you just don't want the goods anymore) and have 30 days in which to do so.

Well I think that's right...???

.

 

I don't think that is quite the case. If you had asked for a product to be created, and the seller had commenced to do so, or even completed creating a custom product for you, I doubt you could cancel it after 30 days.

 

It would be like asking a motor garage to replace the engine in your car and then deciding a month later you did not want the new motor. I doubt you could get them to reverse the process.

 

Most trading legislation does not allow the purchaser to simply change their mind over a purchase, you have to prove that what you received was faulty or not fit for purpose.

[Ron Ron Ron]

I don't think that is quite the case. ...

 

Most trading legislation does not allow the purchaser to simply change their mind over a purchase, you have to prove that what you received was faulty or not fit for purpose.

Unless I've got it completely wrong (and I don't think I have), it appears that you can for goods bought "remotely" via the internet, mail order or telephone. The goods do not have to be faulty or "not fit for purpose".

That's why for example, if you order clothes by mail order or on-line, there is a facility to return them for any reason whatsoever and you won't be charged for return carriage.

 

According to the DSR's, you normally have up to 30 days after receiving the goods to cancel your order.

 

As I understand it, your example of a commission to build something, would not be covered by the DSR's because they designed to apply to ??™organised distance sales or service provision schemes??™ and not ad-hoc sales.

 

Certain items are exempt from the DSR's (e.g. selling land) and there are partial exemptions (e.g. food and drink delivered by a Milkman, but not by a supermarket delivery).

Retailers trading terms and conditions (that should be made available to you), may stipulate certain restrictions on a contract of sale, however such T&C's cannot release a trader from their obligations under the relevant trading standards laws.

 

Incidentally, the garage example is not relevant as you wouldn't be ordering something to be delivered. It has nothing to do with Distance Selling or E-commerce.

 

It would seem that consumers have much more protection and rights when buying goods through mail order, internet etc, compared with walking into a High St. shop and buying from there.

 

As I understand it, you can order a model loco from an on-line retailer and send it back if you simply don't like it. You can't do that if you walked into the same retailers shop premises and bought over the counter.

 

If it's any help, here are more excerts from the guidance to retailers document....

 

2.1 The DSRs implement European Council Directive (97/7/EC)7 and for most goods and services provide additional rights to consumers buying at a distance to encourage confidence in this method of buying. The protection the DSRs offer is important because consumers cannot inspect goods or services before they buy when they shop at a distance.

 

2.3 The DSRs say that you must provide consumers with clear information so that they can make an informed choice about whether or not they wish to buy from you. In most cases you must also give consumers the right to a cancellation period.

 

2.8 The DSRs apply to your business if you sell goods or services without face-to-face contact with your consumer using an organised distance sale or service provision scheme for instance via:

 

the internet

 

text messaging

 

phone calls

 

faxing

 

interactive TV, or

 

mail order ??“ via catalogues, mail order advertising in newspapers or magazines.

 

2.9 Compliance with the DSRs is a legal requirement. The consequences of not complying are outlined in Chapter 6 of this guide.

.

 

 

[Bob Reid]

An extract from trading standards documents

 

 

Price Marking of Goods for Retail Sale

A guide for retailers which explains the requirements of the Price Marking Order 1999.

What does the order require?

The Order requires that where goods are offered for retail sale, the selling price and, where appropriate, the unit price must be given to consumers in writing (this includes in catalogues, in shops and via the internet).

 

 

Failure to comply with these requirements is a criminal offence.

 

 

So do as suggested above, get some screen dumps talk to the retailer then as a last resort go to your local Trading Standards office

 

One slight fly in the ointment - The retailer on discovering it was for example wrongly priced can simply withdraw the item from sale. Basically they offer to trade however if they or you do not complete the transaction, for whatever reason (they don't wish to sell or you don't want to buy), neither are under any obligation to conclude it. Trading Standards certainly take a dim view of repeated or wholesale occurences however they do work with retailers generally to fix these things before taking the legal route.

 

Irrespective however it's not a great way for any business to conduct themselves - a fine example of how a badly run web presence can lose them business....