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| danclarkie |
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 danclarkie Scooby Slapper

Joined: 07 May 2005 Karma :     
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 Posted: 03:22 - 26 Aug 2005 Post subject: pricing mishap |
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i have "a friend" that ordered a helmet from a local bike shop 3 weeks ago and then the helmet arrived today. the helmet cost £99.99 and he didnt pay any kind of deposit at all. today when he walked into the bike dealers the helmet had arrived and he tried it on ect and all was good. it came to paying and my friend took out his card and braced for the inevitable. the man serving my friend clicked around on the store computer and said "ok you just have 16.99 left to pay then mate," My friend instantly realised there was a pricing error and being the honest person he is, proceeded to say nothing. he then paid the £16.99 for which he has a visa debit card receipt and a store receipt and was handed the helmet as a done deal, and then he left the shop. looking at his receipt they only say the price paid and method of payment none of them actually state what item has been paid for.
my question is should the store call him up and ask him too pay the extra £83 what would he be legally obliged to do?
the error was entirely on the part of the store, isnt it once youve left the premises the discrepancy is legally yours?
off topic my new helmet is fantastic, got it for a great price too  ____________________ Bah Humbug |
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| PsychoHippy |
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 PsychoHippy Jammy Git

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| Vespa |
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 Vespa Traffic Copper
Joined: 12 Feb 2005 Karma :   
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| 0ddball |
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 0ddball World Chat Champion

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| shorty |
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 shorty Scooby Slapper

Joined: 23 Jul 2004 Karma :     
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| Major_Grooves |
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 Major_Grooves The Doctor

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| Section59 |
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 Section59 Spanner Monkey
Joined: 05 Apr 2005 Karma :   
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| map |
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 map Mr Calendar

Joined: 14 Jun 2004 Karma :     
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| shorty |
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 shorty Scooby Slapper

Joined: 23 Jul 2004 Karma :     
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| Section59 |
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 Section59 Spanner Monkey
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| zx636 |
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 zx636 Scooby Slapper
Joined: 28 Jul 2004 Karma :     
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| Vespa |
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 Vespa Traffic Copper
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| Major_Grooves |
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 Major_Grooves The Doctor

Joined: 10 May 2002 Karma :  
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| cc123 |
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 cc123 Geez a joab?

Joined: 17 Jan 2005 Karma :   
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 Posted: 12:13 - 26 Aug 2005 Post subject: |
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I'd take the helmet and run!
Surely if its the shops mistake they can't come back asking for the rest of the cash?? ____________________ Old bikes >>> https://www.bikepics.com/members/cc123/ |
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| shorty |
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 shorty Scooby Slapper

Joined: 23 Jul 2004 Karma :     
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 Posted: 12:17 - 26 Aug 2005 Post subject: |
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| Major_Grooves wrote: |
Not necessarily. You are quite right that the price is just an invitation to by. However, as has already been said, it is the accepting of the money that binds the contract.
If the woman at the till had said, "that will be £99 pounds please", and you paid the money, they could not then say, "oops, actually you need to pay another £100."
On the other hand if he went up to the till with the TV and £99 pounds, the manager would be entitled to say that the price is wrong before any money has changed hands. |
That's what I thought I said! My reading of what happened to Looneys Dad was that he took the TV to the till and the cashier said "that'll be £249 please" to which he replied "the sign said £99" at this point he had a conversation with the manager and the manager, to avoid his company being shown in a bad light, agreed to sell the TV for £99.
I think we're arguing the same point here!!
...and i'm hungover
Shorty ____________________ Triumph Daytona 675 Triple
Triumph Tiger Sport 1050 |
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| Major_Grooves |
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 Major_Grooves The Doctor

Joined: 10 May 2002 Karma :  
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| Section59 |
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 Section59 Spanner Monkey
Joined: 05 Apr 2005 Karma :   
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| lwflee |
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 lwflee Derestricted Danger
Joined: 14 Aug 2005 Karma :   
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 Posted: 12:35 - 26 Aug 2005 Post subject: |
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| Major_Grooves wrote: | | shorty wrote: |
What happened to your dad was a goodwill gesture on the part of the manager.
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Not necessarily. You are quite right that the price is just an invitation to by. However, as has already been said, it is the accepting of the money that binds the contract.
If the woman at the till had said, "that will be £99 pounds please", and you paid the money, they could not then say, "oops, actually you need to pay another £100."
On the other hand if he went up to the till with the TV and £99 pounds, the manager would be entitled to say that the price is wrong before any money has changed hands. |
Yes, acceptance of payment can constitute acceptance of an offer. However, in this case, it appears that the woman took the money and asked for more. Surely that cannot constitute acceptance because if that was the case, what's stopping everyone from giving less money to the cashier everytime they paid?
I think in this case, there was no acceptance of his offer to buy the tv for 99GBP. Therefore, i think the store was not legally obliged to let him have the TV for 99.
I agree with shorty. It was a goodwill gesture. |
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| danclarkie |
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 danclarkie Scooby Slapper

Joined: 07 May 2005 Karma :     
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| numbnut |
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 numbnut Two Stroke Sniffer
Joined: 23 Jul 2005 Karma :    
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| Delvard |
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 Delvard Traffic Copper

Joined: 22 Jul 2005 Karma :     
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 Posted: 16:53 - 26 Aug 2005 Post subject: |
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| danclarkie wrote: | i have now found the reason why i was only charged £16.99, my last name is CLARKE (look at my username and you can guess my first name) the receipt i have been issued says CLARK with the same christian name so basically the names are 1 letter apart, CLARK instead of CLARKE. below the name is this other guys address, seems ive been charged for something to the value of £16.99 that MR CLARK was waiting for, all that remains is for them to ask him to pay £99.99 for his £16.99 order. Which if he does i will feel no guilt for as he should be smart enough to say "im not paying £100 for a pair of indicators" ect. the shop isnt a little sole trader, its the biggest bike dealer in my area, sells bikes scooters accessories does repairs mots bike training ect, their making money hand over fist so im not so bothered about my little discount |
What about the poor sales assistant who made an honest mistake? You thought about them?
Some interesting Karma connected to that helmet now,you remember that  ____________________ A thing of beauty is a joy for ever: Its loveliness increases; it will never Pass into nothingness; but still will keep A bower quiet for us, and a sleep Full of sweet dreams, and health, and quiet breathing. |
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Old Thread Alert!
The last post was made 20 years, 154 days ago. Instead of replying here, would creating a new thread be more useful? |
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