Do Businesses Need to Honour an Incorrect Listing or Price?

Example:

Big W lists an item on sale called "Set of Limited Edition Mugs" and in the description says it included 5 limited edition mugs. The price however is reflective of only one of those mugs.

If i purchase this set do they need need to honor the product listing and send me all 5? If they only send me one, do i have a case?

Not too much experience with this so just looking for some discussion.

Comments

  • +6

    No, they don’t have to honour a price. They can claim a pricing error or the description is ambiguous. They may say the description means there are five in the set but you are only buying one of them. You would need to buy all five to get the set.

    • Thanks for your reply!

      What if the description states that it actually does in fact include all 5 items included in the limited edition kit?

      • +3

        You’ll still only get one. Errors happen, they’re under no obligation to honour it. You can try your luck and they might honour it out of good will, otherwise you get a refund.

        • -1

          Really? So businesses can list an item with a description and not honour that description of the item?

          That's very surprising.

          • +1

            @Hentendo: No, they can’t purposely do it, that’s illegal under advertising laws.

            • -5

              @freefall101: That was my thought.

              But if it's clearly a mistake and i receive my item, they can claim description error. Is that right?

              So i will need to send the item back for a refund if that is the case?

              • +5

                @Hentendo: Come on, how many ways do you need the same answer given to you?

                Yes, send it back, get refund. Don’t send it back, no refund.

                • -3

                  @freefall101: God damn, sorry.

                  I said i hadn't had too much experience with incorrect listings etc.

          • +1

            @Hentendo: Some big retailers have 30 thousand + sku's so yes there will always be an element of human error

    • Also, what if the description is the exact same from a listing on another site that has what you would expect the real price to be? Word for word and includes all "5".

      • Ultimately it is their call unless they refuse to refund your money. It might be worth a discussion to say it is ambiguous but the sales people are unlikely to be able to help in a store like BIG W. You could escalate to their management to see if they will bite.

        • +1

          Alright interesting.

          Also BIG W was just an example, I'm not actually trying to buy mugs hahah

  • No your honour

  • +3

    Have a read of this OP: What is an Invitation to Treat?

    • Perfect.

      Exactly what i was looking for. Thank you very much for linking that.

  • +2

    E&OE…

    Genuine errors, no they dont. A low price just to get you in the door and "no stock", or "but we have this other model…" would be against ACL (misleading advertising/bait and switch)

    A business is private, and they have the right to not sell anything to anyone (right to refuse service), even if you are flapping money in their face. You cant play the "but your price says… I have a right" card, but it is worth nothing.

    About the only case where this would stick is if you saw a price, paid that price for that item and had it delivered/took it with you and they called up 2 days later and told you there was an error… In that case, too bad, so sad, the transaction is complete.

    • +1

      Sweet, thanks for your answer.

      This is the kind of thing i wanted to know.

    • there was an error… In that case, too bad, so sad, the transaction is complete.

      Someone should tell that to VicRoads…

  • No they dont!

  • they may have a voluntary code of conduct like colesworth, but most do not

Login or Join to leave a comment