Legal question regarding retail law

Discussion in 'Motorhome Chat' started by Jaws, Dec 27, 2014.

  1. Jaws

    Jaws Funster Life Member

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    I know this is not really the right section but as it relates to retail in general and could equally apply to anything we buy....

    Two firms advertise the identical product.
    Both say they will beat any quote

    So if I get a quote from form A and take it to firm B then take the quote from firm B back to firm A and continue ad-infinitum are the companies legally bound to honour what they advertise ?
     
  2. Chris

    Chris Funster Life Member

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    I don't know for sure, but I would say no.

    The "beat any quote" is not an offer but merely an advertising "puff". In the same way a shop isn't obliged to sell an item that is incorrectly priced, then these outfits aren't obliged to beat any quote.

    It's been years and years since I looked at the law on that though
     
  3. markh

    markh

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    A retailer can withdraw a product from sale at ant time and decline to sell it at any price, advertised or not, it's their property and they don't have to sell it
     
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  4. Jaws

    Jaws Funster Life Member

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    Cheers folks.. That all makes sense ..
     
  5. CWH

    CWH Funster Life Member

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    Unless things have changed (which is more than likely):

    This is purely an "invitation to treat"
    There's no legal contract without all 3 of the following
    1. offer
    2. acceptance
    3. consideration (ie the person offering to buy provides something that 'seals the deal' eg a deposit)
     
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  6. Chris

    Chris Funster Life Member

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    That's why online shopping is interesting though.

    Amazon places an item for sale at 1p. I, ( realising it's a mistake) come along and press click to buy.

    You then have the offer, my acceptance ( the click) and the consideration ( my 1p payment) .

    I think Amazon are still refusing to supply the goods in these cases.

    Not sure how they would fare if someone could be arsed to take it further, especially if the 1p had been taken from their account even if it was subsequently refunded.
     
  7. CWH

    CWH Funster Life Member

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    ah no, sorry @Chris :
    step one, the potential seller INVITES a buyer TO TREAT

    then for a contract to exist,
    the OFFER comes from the potential BUYER,
    the SELLER ACCEPTS,
    the BUYER gives CONSIDERATION

    in the case you state, technically there's no acceptance by Amazon - their email states this clearly & that they are just acknowledging your order ('offer'), & that a contract doesn't exist until (whatever they decide - I think it's often when you receive the goods!!!)

    but in any case, t'interweb is a different universe
    just a wild guess, based on NO knowledge whatsoever, maybe that's because it's not in the UK and subject to UK law???
     
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  8. GWAYGWAY

    GWAYGWAY Funster

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    I know of some who have gone to B&Q got a price, gone to screwfix along the road got an undercutting price gone back to B&Q got undercut and in writing then back to screwfix and bought it, that is from the same company???
     
  9. Puddleduck

    Puddleduck Funster Life Member

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    And there is always the phrase in the small print E&OE (errors and omissions excepted)
     
  10. Chris

    Chris Funster Life Member

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    Yes I know all that, but what if the money leaves my account?
     
  11. CWH

    CWH Funster Life Member

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    sorry @Chris , I hit POST before I'd finished... see my edit above
     
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  12. DBK

    DBK Funster

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    This has happened before and I think some folk did try and take it to court - and lost. But retailers will vary, some might honour the purchase as a gesture of goodwill. Others will rely on the fine print.

    But in the original question the there will be something written somewhere that the promise does not apply to special offers or price which have not been advertised for 6 months.
     
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  13. Puddleduck

    Puddleduck Funster Life Member

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    Amazon have in their T&Cs that they haven't accepted the offer / order until the goods have been dispatched.

    In a real shop it would be the same as someone going to the till and putting their money on the counter - until the seller agrees the sale it isn't complete whether the money is on the counter or not.
     
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  14. Tootles

    Tootles Funster

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    Right. And so, if I advertise the wife in next weeks MILF TRADER, (Over 1000 Scrumptious MILF'S Every Week), and INVITE any potential buyer to TREAT me to say the true value, (£26.45), then she OFFERS her HONOUR, he HONOURS her OFFER, then all night long, it's HONOUR and OFFER...........Will I get my money?? :xsurprised:
     
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  15. Wildman

    Wildman

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    you mean if you offer her honour and he honours your offer
    and is the offer and honour all night
    will you get paid?
    I suggest you get paid up front.
     
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  16. Silver-Fox

    Silver-Fox Funster

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    I concur with Wildman :xgrin:

    Pictures would help immensely though
     
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  17. CWH

    CWH Funster Life Member

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    Only if you can prove legal ownership of the HONOUR that you're OFFERING....... :xshout:

    [Which of course is why MEN 'give away' their daughters to other MEN as property :madder: ]
     
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  18. Tootles

    Tootles Funster

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    Happy just to watch, Roger..........:sneaky::sneaky:
     
  19. Terry

    Terry Funster Life Member

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    Tootles have you a link to this MILF Trader :xgrin:
     
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  20. Terry

    Terry Funster Life Member

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    I get where you are coming from John but what happens is trader A will beat trader Bs price by a penny then if trader B matches or beats trader A's price that is it they only match/beat the said price once :xwink:
    now wheres this link to MILF trader
     
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