Store falsely advertising price - complaints?

Hi


Just had a stand up argument with a store today as they refused to sell me a product at the price labelled on the product claiming that they had made a mistake. I cited false advertising to them but was not entirely sure if that exists in HK. Have had a look on the HK Consumer Council website and would appear I can make a complaint there (whether it would do any good is another thing ...).


Anyone know whether a store in HK is obliged to sell a product to you at the price they have labelled on the ticket?


Am furious!


Thanks

SB2

Before you get into another stand up argument when you may be possibly wrong, you may like to check what really happens in regards to the sale.


1) If you go back to the store and he hasn't fixed the 'mistake' then this is false advertising. You highlighted the mistake, he acknowledged it but hasn't corrected the mistake. This could be construed as false advertising.

BUT

2) If it is a true mistake and this does happen, he doesn't have to sell it to you. You are entering into a negotiation/contract to offer or purchase from him, but not for him to sell. He has a sign with the price (mistake perhaps) and you are offering him what he has on his sign. He doesn't have to accept your offer as the product belongs to him, he can sell what he likes at the price he is willing to accept. This stops horrible people switching price tags and expecting to get the product cheap.


This is no different to a bank depositing $10m instead of $100 into your account, it was a mistake and you cannot expect to keep the money. You can't expect a person to sell you something at a cheap price if it was a mistake.


This is not just in HK as you imply. It is common contract law. I do not know about other countries, but Australia definitely follows this offer and acceptance contract.


So, calm down, if it is a mistake then that is what it is, a mistake - you may have made a mistake in your posting. If he hasn't fixed the mistake after you highlighted his error, then contact the toothless tigers HKCC and see what can be done.


Would you offer an apology if he has fixed his mistake?

The store is not obliged to sell it to you at the displayed price, under contract law the advertised price is merely an invitation to treat, it is you that then makes an offer to purhase and they have the right to accept your offer or not.


Of course as Bob the builder says, if they don't rectify the mistake then this could be deemed as falsely advertising.


This is HK and yes this type of practice maybe common, such as certain supermarkets will advertise an item as being $50 reduced from $80, when in fact they never sold the items at $80 ever. its just that it's probably close to being out of date and some idiot will think they are getting something for a deep discount and buy it

Thanks both. I was after the legal position in HK and, if the above is correct, then it certainly does differ from at least the practice in New Zealand. If a store there mislabelled something then it would be sold for that price (particularly if advertised as that incorrect price in advertising materials). Whether that is truly misleading under the Fair Trading Act or just the store acting in the customer's best interest, I am not sure. In the end, the store later called me and sold it to me for the labelled price so am pleased that they acted in what I perceive to be the correct manner.

Oh and PS, surely its a matter of degree. If a store mislabels everything (or on a regular basis) in order to get a customer into the store then refuses to sell for the prices labelled, this must amount to bad practice from a consumer council perspective, anywhere in the world.

I am sorry Starbucks2, but you are wrong again.

This is from your Ministry of Consumer Council (NZ Government)

http://www.consumeraffairs.govt.nz/consumerinfo/pricing.html

"Pricing errors

Displayed price incorrect


Traders do not have to sell goods at the displayed price. If the price is a mistake, a trader can refuse a consumer's offer to buy goods at the price on the tag.


eg Mona sees a sweatshirt in her favourite shop. The price tag says $30. When Mona takes the sweatshirt up to the counter to buy it, the shop realises the price tag is a mistake. The correct price is $75. The shop refuses to sell Mona the sweatshirt for $30. The shop can refuse to accept Mona's offer to buy the sweatshirt for $30.


However, a trader who continues to display prices which are much lower than the actual price at which they are willing to sell may be committing an offence under the Fair Trading Act. This is because they are misleading consumers about the true cost of goods."



Some stores will let the customer have it at the incorrect price just to please the customer, but they are not obliged to do so.


It is better to always check the facts, than to rely on urban myths.

Thanks Bob but if you read my post you will see that I say "whether this is truly misleading under the Fair Trading Act or just the store acting in the customers best interest, I am not sure". I said that the practice differed in NZ regardless of the legal position there.


That aside, I am more interested in the legal position in HK. Are you able to point me to the legislation on this point here? Checked Sale of Goods Ord (I think it was called). Nothing specific on the Consumer Council website as to what exactly governs this concern. Would hate to rely only on urban myths for the HK position ...!


Thanks

Park n Shop regularly charge prices that vary wildly different from the published prices (they assume correctly that people wont notice the price as the items are being push over the checkout). This is not a mistake, they are a bunch of crooks.

Agree dannyboy. I have found the same in a big baby store in Central (that I shall not name). I think in their case it is just laziness in not updating the shelf price labels when the computer prices are updated but having been stung a few times, I now take note.


SB2