..wow..£699 worth of oven equipment for £179..

Supermod 49 replies
Found 18th Sep 2009
I noticed an advert in a national newspaper for an oven and hob set for £239. I went and bought it and it was misadvertised. They advertised the oven in the paper and had for sale instore a completely inferior model. They tried to fob me off with saying that it was an "invitation to treat" and not an "offer to sell". Unfortunately for them, with me being incredibly well versed on consumer law I hit back with misadvertising, inducement to contract etc. They offered me a £20 gift card. I refused it and demanded an Indesit oven and ceramic hob set worth £699 for £179...they refused. I insisted before I "took the matter further". They agreed.

If you dont ask, you dont get.

49 Comments

Nice one,:thumbsup:

you sound like a plonker.

Original Poster Supermod

matt3454;6326299

you sound like a plonker.



I sound like a plonker? A plonker would have walked out of this shop with a £239 oven. I didnt.

In one way, it's an amazing deal for you, but in another, they are a business, and someone is going to pay for it, wether it's the owners profits or a sacking of an employee.

Yes, you got a good deal. but you could screw someones life up doing it.

So IMO, you're an idiot.

weird.......i did consumer law and contract law at uni....both said adverts are invitations to treat.....however most companies will back down to avoid negative publicity.
Perhaps it was more of an issue that they didnt want the hassle and just backed down.
Either that or my university lecturers gave us wrong info....although as far as I can remember inducement to contract only refers to contracts already created as a get out clause....therefore wouldnt have been relevant anyways?


well done on the deal though
I dont quite get the reaction in here....he got a good deal for himself...is this not what the whole website is for? To try save people money? When there are blatant misprices do you not try and benefit??? Jealous much?...

Wotwot123;6326314

So IMO, you're an idiot.



I concur.

Original Poster Supermod

Wotwot123;6326314

In one way, it's an amazing deal for you, but in another, they are a … In one way, it's an amazing deal for you, but in another, they are a business, and someone is going to pay for it, wether it's the owners profits or a sacking of an employee.Yes, you got a good deal. but you could screw someones life up doing it.So IMO, you're an idiot.



Good your opinion is incredibly worthless.

Do you realise their profit margins?! They are breaking the law by advertising in a NATIONAL newspaper a product with they have no intention to sell whatsoever. Not even in any other branch. I am not going to name the retailer but I think by my first sentence it is very obvious who it is.

Companies can refuse to sell you something that is priced wrong but they are not allowed to advertise something at the wrong price to purposely entice customers,This could get them into big trouble especially if it was advertised nationaly

dunno y such strong opinions on here but i think well done u!

Original Poster Supermod

lil_tiger;6326319

weird.......i did consumer law and contract law at uni....both said … weird.......i did consumer law and contract law at uni....both said adverts are invitations to treat.....however most companies will back down to avoid negative publicity.Perhaps it was more of an issue that they didnt want the hassle and just backed down.Either that or my university lecturers gave us wrong info....although as far as I can remember inducement to contract only refers to contracts already created as a get out clause....therefore wouldnt have been relevant anyways?well done on the deal though :)I dont quite get the reaction in here....he got a good deal for himself...is this not what the whole website is for? To try save people money? When there are blatant misprices do you not try and benefit??? Jealous much?...



You are right. They are invitations to treat. The reason that I got what I did was because of the way that they went about advertising the ovens and the nature of the advert. You probably remember the cases if you did consumer/contract but it was very similar to the Carbolic Smoke Ball case where the offer was made to the world.

They held their hands up and admitted it was their fault and admitted that the oven they advertised in the paper hadnt been stocked for quite a few months.

Jealous much indeed! Those who are saying "someone could lose their job..." Quite possibly one of the most outrageous statements ever.

Original Poster Supermod

tonyg1962;6326346

Companies can refuse to sell you something that is priced wrong but they … Companies can refuse to sell you something that is priced wrong but they are not allowed to advertise something at the wrong price to purposely entice customers,This could get them into big trouble especially if it was advertised nationaly



My point exactly which you are intelligent enough to realise; others arent.

Original Poster Supermod

magicbeans;6326360

dunno y such strong opinions on here but i think well done u!



Ditto. I put it down to jealousy.

:-D

Banned

matt3454;6326299

you sound like a plonker.



:lol:

well done, i would have done the same

In fact we all should go and buy one right now,Teach em a lesson,

Original Poster Supermod

kassy2005;6326398

well done, i would have done the same



Then you would be very sensible!

lil_tiger;6326319

weird.......i did consumer law and contract law at uni....both said … weird.......i did consumer law and contract law at uni....both said adverts are invitations to treat......



But this could be seen as bait & switch which is illegal:)

tonyg1962;6326346

Companies can refuse to sell you something that is priced wrong but they … Companies can refuse to sell you something that is priced wrong but they are not allowed to advertise something at the wrong price to purposely entice customers,This could get them into big trouble especially if it was advertised nationaly


yeah but it needs to be proved they misadvertised with the aim to lure people instore
magicjay1986;6326365

You are right. They are invitations to treat. The reason that I got what … You are right. They are invitations to treat. The reason that I got what I did was because of the way that they went about advertising the ovens and the nature of the advert. You probably remember the cases if you did consumer/contract but it was very similar to the Carbolic Smoke Ball case where the offer was made to the world. They held their hands up and admitted it was their fault and admitted that the oven they advertised in the paper hadnt been stocked for quite a few months. Jealous much indeed! Those who are saying "someone could lose their job..." Quite possibly one of the most outrageous statements ever.



Hmmmm wasnt the CSB case the anomolie though? I vaguely remember one concerning a flick knife (Fisher v Bell) to be the case that set the precedent? Also there was Partridge v Crittenden (sp) specifically regarding a public advertisment been an invitation to treat?

Like I said above though...Im not slating you, I just accept people read things and take them to be gospel....can just imagine a tribe of HUKDers ending up in court after taking things too far

Original Poster Supermod

lil_tiger;6326438

yeah but it needs to be proved they misadvertised with the aim to lure … yeah but it needs to be proved they misadvertised with the aim to lure people instore :)Hmmmm wasnt the CSB case the anomolie though? I vaguely remember one concerning a flick knife (Fisher v Bell) to be the case that set the precedent? Also there was Partridge v Crittenden (sp) specifically regarding a public advertisment been an invitation to treat?Like I said above though...Im not slating you, I just accept people read things and take them to be gospel....can just imagine a tribe of HUKDers ending up in court after taking things too far



The CSB was the company were refusing the pay out £1000 (cannot remember why) and the courts said they had to pay out because the offer was made to the world.

Fisher v Bell - yes. Thats right. Also the case with the live bird being sold which was against the Act. There are loads.

if i was to misadvertise, say, a ps3 on behalf of a company. take that advert in to the shop and say you advertised it youself. do you think i can get a free or cheap ps3?

I think you got a great deal and I would have done it too-well done.

Banned

can i come shopping with you

Good job Jay!

Original Poster Supermod

monkeybrains;6326478

if i was to misadvertise, say, a ps3 on behalf of a company. take that … if i was to misadvertise, say, a ps3 on behalf of a company. take that advert in to the shop and say you advertised it youself. do you think i can get a free or cheap ps3?



Take you out of the equation - if you saw an advert in the paper for an 80gb PS3 for £149 and went in to the store to find out it was a PS1 - you could ask for it cheaper or just not buy it at all.

Original Poster Supermod

sassie;6326508

can i come shopping with you



Will pick you up at 6.

Original Poster Supermod

Spriggan;6326513

Good job Jay!



Fankoo :-D

magicjay1986;6326529

Take you out of the equation - if you saw an advert in the paper for an … Take you out of the equation - if you saw an advert in the paper for an 80gb PS3 for £149 and went in to the store to find out it was a PS1 - you could ask for it cheaper or just not buy it at all.



what about a table or is it only electricals?

Original Poster Supermod

monkeybrains;6326604

what about a table or is it only electricals?



If you feel you have been induced in to a contract by a blatant misadvertising then it will apply but you need to be very careful. It applied in my case as they didnt have the actual oven they advertised in my local store or any other store as they telephoned around.

magicjay1986;6326468

The CSB was the company were refusing the pay out £1000 (cannot remember … The CSB was the company were refusing the pay out £1000 (cannot remember why) and the courts said they had to pay out because the offer was made to the world. Fisher v Bell - yes. Thats right. Also the case with the live bird being sold which was against the Act. There are loads.



ermmmmm CSB was allowed because something about the actual offer.....didnt it say something about if it doesnt work we will give you £100? so it was kinda a bet....i bet this works and if not...blah blah blah

Fisher was not allowed someone tried prosecuting cos he advertised (in the window) illegal flick knives....but they said it was an ITT and not an offer....therefore not guilty

and Partridge i think was regarding the advert (in a paper i think) for the illegal sale of wild bird...as above wasnt classed as an offer so wasnt guilty of it

ringing a bell?:whistling:

magicjay1986;6326655

If you feel you have been induced in to a contract by a blatant … If you feel you have been induced in to a contract by a blatant misadvertising then it will apply but you need to be very careful. It applied in my case as they didnt have the actual oven they advertised in my local store or any other store as they telephoned around.



i see a alot of these misprices on pcworld.co.uk

and when i click to reserve something they are all out of stock in all thier store

Original Poster Supermod

monkeybrains;6326669

i see a alot of these misprices on pcworld.co.ukand when i click to … i see a alot of these misprices on pcworld.co.ukand when i click to reserve something they are all out of stock in all thier store



Then I would say that it isnt the same. I telephone ahead to ask if they had the product instore and they said yes, they do.

magicjay1986;6326694

Then I would say that it isnt the same. I telephone ahead to ask if they … Then I would say that it isnt the same. I telephone ahead to ask if they had the product instore and they said yes, they do.



oo

il give pcworld a call next time

Original Poster Supermod

lil_tiger;6326659

ermmmmm CSB was allowed because something about the actual … ermmmmm CSB was allowed because something about the actual offer.....didnt it say something about if it doesnt work we will give you £100? so it was kinda a bet....i bet this works and if not...blah blah blahFisher was not allowed someone tried prosecuting cos he advertised (in the window) illegal flick knives....but they said it was an ITT and not an offer....therefore not guiltyand Partridge i think was regarding the advert (in a paper i think) for the illegal sale of wild bird...as above wasnt classed as an offer so wasnt guilty of itringing a bell?:whistling:



Yes, it was to say that if you sniffed the smoke ball every day you wouldnt catch flu? Some did and caught flu.

The cases you cited really just refer to the contract being made. This would be the invitation to treat on my products. There are other cases which deal with misadvertising, inducing to contract and advertising goods which are no longer in stock.

Original Poster Supermod

monkeybrains;6326707

ooil give pcworld a call next time



That is sensible as they usually put a disclaimer on saying something along the lines of "Product may differ" or "Call store for availability" etc.

magicjay1986;6326716

Yes, it was to say that if you sniffed the smoke ball every day you … Yes, it was to say that if you sniffed the smoke ball every day you wouldnt catch flu? Some did and caught flu. The cases you cited really just refer to the contract being made. This would be the invitation to treat on my products. There are other cases which deal with misadvertising, inducing to contract and advertising goods which are no longer in stock.



hmm fair enough...one thing I hated about law...the constant contradictions!

Original Poster Supermod

lil_tiger;6326745

hmm fair enough...one thing I hated about law...the constant … hmm fair enough...one thing I hated about law...the constant contradictions!



Tell me about it. I stupidy decided to specialise in Civil Litigation and contract disputes.

The same thing appended to me about the archos 605 wifi a long time ago with argos.

Original Poster Supermod

electriclinux;6326774

The same thing appended to me about the archos 605 wifi a long time ago … The same thing appended to me about the archos 605 wifi a long time ago with argos.



Sounds as though you got it sorted :thumbsup:

Thats fantastic! Wow good on you!

magicjay1986;6327409

Sounds as though you got it sorted :thumbsup:



Yeah got an archos 605 wifi 160gb for £99 (they had misprinted it, a confusion over the lesser archos 405 4gb)
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