Ordered a new pram from a in store shop now saying their staff made a mistake and is our fault

13
Found 5th Dec 2017
we went into a baby store over the weekend spent nearly a hour talking to both the staff in there and purchased a pram with accessories.

I had a phone call yesterday with the manager on the phone saying the pram we bought with accessories is not what we agreed on purchase and that their staff members made a mistake and we are getting free items that we shouldn't be getting. the pram is brought and paid in full although on order the manager is telling us that their effectively giving the pram away to us for free.

what legal rights do I have in my eyes I have a receipt and black and white detailing all the items that the staff members wrote down on the day that we will be getting with the pram it's fully paid for and I think it is down to the shop to honour the deal I just want to know before I get back to the shop with our decision Where We Stand.

the shop has left it they have said we can't have all the items with the pram or we can have a refund
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I believe the rules for in store sales are different from on line sales . The price quoted to you was "an offer to sell" and they can wriggle out of it up to the point of purchase. Hence a store does not have to honour a mispriced ticket price (though most do ).

Here you have completed the contract by paying and receiving an invoice so as I understand it you have formed a binding contract at the time of sale and can demand the goods as per invoice .
You may want to go into it further with Citizens Advice, but according to their web site they have to honour it citizensadvice.org.uk/con…ce/
this is a very sad story - good luck mate
Original Poster
Beebee184 h, 26 m ago

You may want to go into it further with Citizens Advice, but according to …You may want to go into it further with Citizens Advice, but according to their web site they have to honour it https://www.citizensadvice.org.uk/consumer/somethings-gone-wrong-with-a-purchase/if-something-is-advertised-at-the-wrong-price/


Thank you I have just submitted a form. The manager phoned me again today and said the same thing that although it was the staff fault they cannot give me the package they sold me as they would effectively be giving me the pram for nothing.

I wasn't sure what to say and felt pressured into a giving a answer there and then, so I told her I need to think about it and can you ask the owner to contact me as I feel the store should honer the deal.
Probably best not to agree to anything they offer until you know for sure what your rights are. Do not feel pressured into giving them an answer. Just stand your ground and refuse to be swayed by their demands. You have done nothing wrong, it is their mistake and they are accountable.
Is it a national chain or local independent shop...?

If it were me I'd act differently for each scenario..;

National chain - there profits are (normally) huge so can take the 'hit' of a staff error, with no great recourse for the employee concerned, so I'd push for them to honour the agreement.

Local independant - I'd be more willing to forgive there error, maybe explain there are cheaper alternatives, possibly they will meet halfway....bear in mind, the employee may well be subject to disciplinary action due to a clerical/sales error, I'd hate to think someone was sacked so I could save a few pounds..
So yes, there is a thing in Law called invitation to treat, and this is what allows shops to not honour mis-priced items. However, as you have already paid for the items, and have a list of the paid for items, you now have a contract. They cannot force you to take a refund, and must deliver everything you have paid for. Of course, the only recourse you would have if they don't deliver all you paid for is small claims court.
I’ll be honest I do not believe that they are obliged to honour this even though you have paid.

They have contacted you to state that the goods cannot be supplied under the terms you agreed and offered you a refund.

As the goods have not been supplied the contract is incomplete, in the same way as an online seller must refund you if you do not receive goods as the contract is not complete until you receive the goods.

Suggest you talk to CAB if you feel strongly about it.
cmdr_elito2 h, 19 m ago

I’ll be honest I do not believe that they are obliged to honour this even t …I’ll be honest I do not believe that they are obliged to honour this even though you have paid. They have contacted you to state that the goods cannot be supplied under the terms you agreed and offered you a refund. As the goods have not been supplied the contract is incomplete, in the same way as an online seller must refund you if you do not receive goods as the contract is not complete until you receive the goods. Suggest you talk to CAB if you feel strongly about it.


Doesn't really matter what you believe, as in the eyes of the law, a contract has been formed. The sales assistant has the power to create contracts by accepting the cash for the products. The fact that the items haven't been received does not matter. Ultimately, the onus for the error lies with the retailer, and unfortunately in this case, the sales assistant.
In regards to online retailers, a contract is not formed until the money has left your account, or the retailer sends a despatch email. This gives the retailer time to correct any errors.
Ok well if a contract has been formed and the shop has informed you it cannot deliver and offered to fully refund you there is little you can do. It’s not like they are trying to keep your money. If you look on CAB it says that you are either entitled to the goods or a full refund. The shop can’t/won’t provide the goods but have offered a refund, appreciate it’s not what the OP wants but they are complying with law.

No different to a shop taking a payment for ordered goods and then the supplier going bust so they can no longer supply it under the agreed terms, the shop will just be required to offer a refund under law.
cmdr_elito6th Dec

Ok well if a contract has been formed and the shop has informed you it …Ok well if a contract has been formed and the shop has informed you it cannot deliver and offered to fully refund you there is little you can do. It’s not like they are trying to keep your money. If you look on CAB it says that you are either entitled to the goods or a full refund. The shop can’t/won’t provide the goods but have offered a refund, appreciate it’s not what the OP wants but they are complying with law.No different to a shop taking a payment for ordered goods and then the supplier going bust so they can no longer supply it under the agreed terms, the shop will just be required to offer a refund under law.


What you have here is two completely different scenarios. If a supplier goes bust and the retailer cannot get the goods, then yes, the only resolution is a refund. However, the supplier hasn't gone bust here, the retailer just does not want to fulfill the agreed contract. The retailer aren't complying with the law, as you say, because they are now introducing an entirely different fulfillment to the contract, with zero legal reason to do so.
Actually they have informed that they are unable to fulfil the agreement and offered to return the payment. If you have incurred costs in relation to this issue then that could be considered for compensation if it went to court, but you would have to prove that you have lost money, court battles are costly and lengthy so what’s the point unless you have lost significantly.

If they were trying to run off with your money I could understand but your just simply making a lot of hard work for very little if any gain.

I always think of my time as worth money, if I’m using that time to work I’m earning money, if I’m using it for something else I apply the same principle and if I could earn more by working I’d write it off and not bother. Plus the up front cost of going to court and the fact the company has broken the contract for a reasonable reason and offered them a full refund, unless you’ve incurred significant costs which you have receipts and evidence for your wasting your time with a legal resolution. The shop might offer you a £5 voucher or something to say sorry but again they don’t have to as the onus in a legal situation is on you to prove your loss in relation to a breach and losses have to be considered reasonable (directly incurred as a result) and if the reason for breach is reasonable (an employee error is a reasonable reason) and the company have informed you and offered to return your money (compensate you back to a precontract state) and you haven’t incurred any expenses, good luck the law isn’t on your side. If you’ve incurred significant expenses which you have proof of you might have a case for compensation.
cmdr_elito22 m ago

Actually they have informed that they are unable to fulfil the agreement …Actually they have informed that they are unable to fulfil the agreement and offered to return the payment. If you have incurred costs in relation to this issue then that could be considered for compensation if it went to court, but you would have to prove that you have lost money, court battles are costly and lengthy so what’s the point unless you have lost significantly.If they were trying to run off with your money I could understand but your just simply making a lot of hard work for very little if any gain. I always think of my time as worth money, if I’m using that time to work I’m earning money, if I’m using it for something else I apply the same principle and if I could earn more by working I’d write it off and not bother. Plus the up front cost of going to court and the fact the company has broken the contract for a reasonable reason and offered them a full refund, unless you’ve incurred significant costs which you have receipts and evidence for your wasting your time with a legal resolution. The shop might offer you a £5 voucher or something to say sorry but again they don’t have to as the onus in a legal situation is on you to prove your loss in relation to a breach and losses have to be considered reasonable (directly incurred as a result) and if the reason for breach is reasonable (an employee error is a reasonable reason) and the company have informed you and offered to return your money (compensate you back to a precontract state) and you haven’t incurred any expenses, good luck the law isn’t on your side. If you’ve incurred significant expenses which you have proof of you might have a case for compensation.



+1 to this, I’d say take the refund and buy elsewhere or try to come to an agreement for some sort of discount. I think fighting this is daft it’s a pram, and the only way to fight is to take it to court which as discussed above won’t get you anything other than a refund if you win, you won’t have any significant losses.

Id vote with my feet and buy elsewhere al least the manager has been honest I’d have said we can’t get any stock and we will have to refund to stop this silly outrage
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