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Legal, pensions and money

Rights and wrongs of shelf pricing.

(58 Posts)
annsixty Wed 22-Mar-23 16:18:39

This afternoon I went into Boots the Chemists for some Gaviscon which for some reason is getting difficult to buy in some stores.
Sainsbury’s have not has any for a few weeks.
It was priced at £10:99 and I took a bottle to the till.
£11:39 said the assistant, I said it is priced lower on the shelf she replied it has gone up.
I stood silent and she begrudgingly went off to check the shelf.
She came back with the shelf sticker and said, not at all apologetically “well on this occasion I will let it go at the lower price but next time it will be more”
I wonder what my rights would have been if she had insisted.
I would have asked for a manager, I am now no longer a shrinking violet.
Would I have been right?

welbeck Wed 22-Mar-23 16:26:51

you have no right to purchase it at the lower price.
as the price indicator acts as an invitation to treat, so you offer the price you expect to pay, and the shop decides whether to accept your offer.
that would lead to a binding contract.
this is an aspect of contract law.
but, under criminal legislation, it is an offence to ask for a higher price than one indicated, as that makes the shelf edge label a misleading price indication.
but there are defences of due diligence.
the shop probably has a programme of randomly testing that price indications are correct.
they will keep records of this.
which would probably be enough to make out the due diligence defence.
the correct procedure in your incident is for the shop to withdraw the item from sale, once the discrepancy has been drawn to their attention.
i hope this is clear, but realise that it might not be.

BlueBelle Wed 22-Mar-23 16:33:01

I recently bought a radio that’s shelf ticket was lower than the price that came up on the till I told them, they called for an assistant who looked, told me I was correct and I bought it at the price indicated on the shelf I thought that’s how it always was they needed to sell it at the price they were advertising it for

rosie1959 Wed 22-Mar-23 16:38:41

BlueBelle

I recently bought a radio that’s shelf ticket was lower than the price that came up on the till I told them, they called for an assistant who looked, told me I was correct and I bought it at the price indicated on the shelf I thought that’s how it always was they needed to sell it at the price they were advertising it for

They don't actually have to sell it to you at the lower price by law. But many companies will for good customer relations.

welbeck Wed 22-Mar-23 16:50:52

the shop is not obliged to sell anything to anyone.
if they have inadvertently given a misleading price indication, the correct procedure is to withdraw the item form sale, ie refuse to sell it to you.
they should then immediately correct the price indication, or withdraw all items until they can be priced correctly.
if they choose to sell it at the lower price, they may of course do so.
but the customer has no right to that.
it is similar to shops that will give a refund where the customer has no legal right to that, eg they've reconsidered, changed their mind, or unwanted gifts.

annsixty Wed 22-Mar-23 16:56:05

Thankyou .
I do remember that is is an invitation to buy.
I would have paid the higher price after querying it as I do need it but I think shops like Boots should be on top of their game.
It could be regarded as sharp practice if all prices are wrong just to get our interest.

annsixty Wed 22-Mar-23 16:58:42

I think it was the attitude of the assistant that annoyed me.
If she had expressed even a hint that they were wrong in not repricing I would have understood but she did not.
It seems the customer is seldom right.

NotSpaghetti Wed 22-Mar-23 17:03:21

BlueBelle

I recently bought a radio that’s shelf ticket was lower than the price that came up on the till I told them, they called for an assistant who looked, told me I was correct and I bought it at the price indicated on the shelf I thought that’s how it always was they needed to sell it at the price they were advertising it for

I understood that they can choose to sell at the advertised price OR they must remove the item from sale.

Theexwife Wed 22-Mar-23 17:03:22

I went to Boots to buy thrush treatment, on the shelf there was only canestan at £12, behind the counter there was Boots own make for £6 however they refused to sell me the cheaper one as I am over 60 so they are not allowed to sell to me from the pharmacy. Ridiculous system when I can buy the same product off the shelf.

NotSpaghetti Wed 22-Mar-23 17:05:08

I have answered too quickly!
Apologies.
I am guilty of my pet hate!
#Readthewholethread
🙄

Auntieflo Wed 22-Mar-23 17:15:27

In January, I needed a wrist support. After researching on line prices at Boots, I went to buy one. The exact same product on line was £12.67, and on the shelf was £19.00.
I found an assistant, who went in search of a more senior one. She was surprised to say the least, so looked it up on her own iPad, and eventually sold me the product at the on line price.
But such a difference in pricing is not acceptable.
Boots seem to be the main culprit from this thread.

Germanshepherdsmum Wed 22-Mar-23 17:31:37

Ironically, the leading case as to whether a shop is obliged to sell an item at a particular price or at all is Boots Cash Chemists (Southern) Ltd (1953) …. imprinted on my mind from 50-odd years ago.

Greenfinch Wed 22-Mar-23 17:34:05

I am surprised that shops are not obliged to sell at the price advertised. I have had this situation many times with Tesco and Lidl and they have always allowed me to have it at the lower price. Not long ago I bought a tin of golden syrup from Lidl. The shelf price was £1.99 but I was charged a staggering £2.50.A refund was given with no problem. I must have been lucky.

Germanshepherdsmum Wed 22-Mar-23 17:44:18

They are not obliged to sell at the lower price, or at all - but if it’s a habit that a particular shop has Trading Standards would be interested.

25Avalon Wed 22-Mar-23 17:54:07

Wellbeck is right. It’s also the case you can get to the till, have everything in your basket run through, and then offer to pay £10 less. The store probably won’t but that is your right and you can walk away and not make a purchase.

HeavenLeigh Wed 22-Mar-23 17:58:15

I’d of said it’s not for me TheExwife. I’ve never heard of that before, do they usually ask your age!

biglouis Wed 22-Mar-23 18:19:22

Welbeck is correct!

I sell antiques and the "shelf" price is (often) merely a point at which bargaining begins. The sale is not concluded until I accept the buyer's payment.

annsixty Wed 22-Mar-23 18:33:02

I now realise if that had not been the only item I bought I wouldn’t have known until (or if) I checked my bill that I would have realised I had been charged a higher price.
The saying “ buyer beware “ is very true.

Theexwife Wed 22-Mar-23 18:47:12

HeavenLeigh The pharmacist said that thrush is a symptom of diabetes which is common over 60 so they are not allowed to sell thrush treatments without a test for diabetes. makes no sense as you can buy treatments off the shelf.

BlueBelle Wed 22-Mar-23 19:07:32

HeavenLeigh there are a few medications that I haven’t been able to buy at Boots because of my age, but I have walked across the street to Superdrug and bought it
one being chloraphenicaol for eye infections

JenniferEccles Thu 23-Mar-23 13:28:19

It can of course work the other way. Occasionally I have chosen an item in a shop at a certain price, but at the till it was found to be cheaper.

Ever since I learned about it years ago, I have always been amused by the famous ‘All to mother’ case GSM!

jane1956 Sat 25-Mar-23 11:11:42

ANNESIXTY, go to home bargains, their own brand is only £5.49p just as good too

JdotJ Sat 25-Mar-23 11:19:16

A friend is approaching a special birthday and absolutely loves tea. I've been searching different teas and stumbled across a bottle of Rosè sparkling tea from Fortnum & Masons. Online the price was £8.49 but when I went to buy some at their shop in the Royal Exchange, London it was marked as £17.50 a bottle.
I queried it and they knew it was half price but hadn't changed any labelling on the shelf ticket(s) but were more than happy to serve it at the reduced price.
Just hope my friend loves it

HeavenLeigh Sat 25-Mar-23 11:27:45

Thanks for that info exwife and BlueBelle, oh I’m really surprised at that TheExwife as yes that’s right. Oh I didn’t realise that either BlueBelle. I will take note thank you

annsixty Sat 25-Mar-23 11:34:59

Thankyou Jane
I will look into that.