Reply With QuoteIf you've got the item and they've got your money it's a mistake they'll have to live with.
Quick version. I bought a watch second hand from a shop. Paid in full.
5 hours later I get a call saying the watch should have been much more in price and was mislabelled with another one; and would I come back in and either pay correct price or get a refund.
Opinions?
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If you've got the item and they've got your money it's a mistake they'll have to live with.
You paid the advertised price. Don't even engage in a discussion about it.
What watch at what price ? Or how much is the difference ?
The transaction is complete, it was their mistake, honest by all accounts but you are under no obligation to pay the difference, just depends if you want to shop there again and if you feel like there maybe a case of bad karma coming your way, as the shop may take it from the employees wages?
Actually I think you may have a problem legally. I seem to recall that a price tag on something in a shop is technically an 'invitation to treat' and not an 'offer'.
We have lawyers amongst the community who I'm sure can give you the definitive answer.
The irony of course, is that if you had paid cash for it and left no contact details then presumably they wouldn't have been able to get in touch with you!
Simon
As to what you should do about it, I'm with Ally and Chris - it's their c**k-up, not yours...
Last edited by mycroft; 4th January 2017 at 18:14.
this sounds messy, do you have the time and the patience to deal with them as they might keep calling you for a while plus things might get nastier including lawyers etc. (especially if the watch is expensive).Originally Posted by stefmcd
that's not correct. Its in the window as an invitation to treat. Once he been in and paid and taken the goods there has been offer, acceptance, consideration and completion. End of, unless a ridiculous and obvious error in the price ie there is a concept of "mistake" ie a £5k item sold for £200
If you have the watch then it is not your problem. Would you pay the price they now want?
It is an Invitation to treat but the deal has now been completed so it's beyond the stage of withdrawing the item from sale.
What you do will probably depend if you ever want to buy anything from this shop again!
That is to do with if they have to sell the watch to him.
He's bought the watch, the contract is concluded.
That'd be the case if he'd tried to buy it and they'd refused to sell at that price but here the contract is complete so it's no longer an invitation.
In theory the shop could try to void the contract under the doctrine of mistake I guess.
It'll depend on how much they have lost as to whether it is worth their while to try and do so.
I think most shops seem to operate a policy of 'mistakes must be rectified at the time of sale' so in general I'd probably just keep it. If you'd overpaid would they have phoned you?
Out of interest did you realise at the time that the price was clearly too good to be true? If I had I might now be thinking that it was worth a try but fair play would be to unwind the deal and get a refund etc.
Thanks for opinions and info. My own limited and unqualified interpretation of the law is once funds and goods exchanged, the deal is done. But I'm prepared to be corrected on that.
I made the point, had I appeared in the shop tomorrow saying I wasn't happy with the price I paid for an item, would I be entitled to a refund or renegotiate?
The watch cost £950 but apparently should have been £1650.
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Any mistake in the price should have been noticed in the shop before the transaction was completed.
If you have a receipt showing the item and what you paid then I would think they just need to accept their mistake and be more careful in future.
The price tag is an invitation to treat. You made an offer, they accepted, you paid and received the watch in consideration.
If you paid by card, keep an eye on your account, they may try to cancel the transaction. You will need to make sure you pay them again.
Don't lose the receipt!
From "Practical Law" (Thompson Reuters)
"Unilateral mistake (where one party is mistaken and the other knows or ought to have known of the mistake). If the mistake relates to the fundamental nature of the offer the contract can be voided."
Certainly not worth their while paying someone to deal with a claim at that value on their behalf. They may be inclined to issue themselves but I doubt it.
If they think that you took advantage of an obvious misplace then they are within their rights to refuse to deal with you in future but beyond that I don't think there is much they can do to force you to reverse the deal unless they are of the 'send the boys round' persuasion then you may have a different set of challenges. If you suspect that member of staff may suffer though, perhaps you may want to consider giving it back from an ethical perspective but I guess that is totally up to you. It is a tough call, I am surprised that they phoned you really.
I did pay by credit card.
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Watch shops are evil, they should be punished.
Fas est ab hoste doceri
If it was in the Argyle Arcade then probably £950 is a fair price anyway given the hugely inflated prices of 2nd hand watches in there.
Last edited by -Ally-; 4th January 2017 at 18:31.
I wonder if you can call the CC company to get their take on it?
I don't see how they can realistically cancel the transaction and still claim ownership, its now yours, you own it.
to be fair, you paid what they asked for, it's their bad luck and your good fortune but I wonder if the knowledge of the mistake would sour the ownership for me.
if it was me and if it wasn't too onerous a task, I would return it. someone will be in trouble no doubt and I wouldn't want the bad karma. if it was a nause to return it I would ask the shop to cover the costs for its return.
I know this is a bit hippyish but it is how i would do business
Lol. Not Argyll arcade. It was a pawn shop.
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If you have the watch and paid the price at the point of sale then the transaction is complete.
They can call you back and ask you to correct THEIR mistake but you have ZERO obligation.
For example if you bought a jacket for £100 in a store that was supposed to be £200 but labeled wrong by the store, you would have paid for the item and walked out. However just because the watch shop has your number they called you to try and fix their mistake. HA
You've nothing to worry about. No judge will even hear that case.
It seems this boils down to a matter of my conscience.
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Mmmmmm - So the shop screwed up and now, at your own expense and inconvenience you're expected to return to the shop, return the watch and get a refund?
I'd just sit tight for a couple of days, unless you are REALLY worried about the employment prospects of someone at a pawn shop... (Chances are after a mistake like that, they're already gone unless it was the proprietor, in which case he's probably not out of pocket anyway!).
Do nothing, don't respond and see if they get back to you.
Or put yourself out for their error, if it makes you feel better.
If you think you've been unfair, see if they'll meet you halfway (if you think that's a fair price).
M.
PS I wonder what the opposite scenario would have been if you'd sold them your watch and the next day got a better offer - Would they have given it back at the same price?
Last edited by snowman; 4th January 2017 at 19:06.
Deal done.... I know a shop that sold a kermit under value which was priced up by a member of staff. They got over it im sure.
Regardless of whether the watch is returned or not, someone at the shop is going to get it in the neck. I don't see that returning it would avoid that scenario...
This is dead easy.
Under UK law, all purchases are subject to offer and acceptance as the irrefutable basis of a contract.
The shop offered the watch at a price and the OP accepted it. That is it, end of discussion. The transaction has been completed and is entirely legal.
Mick
I'm not a c u Next Tuesday. Neither am I mug. This situation seems to make me feel I'm swithering between the 2!!!
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If there was no way of you knowing the price was wrong I don't think they have a leg to stand on, had you bought a Rolex for the price of a Timex I think they could challenge things.
I seem to remember a thread about a wg Daytona being sold for the price of a ss version, think the buyer ended up returning it.
Is there UK law? The OP is in Scotland.
Based on my view before and the info you have given I'd say that you should just keep the watch with a clear conscience.
And post a picture on the next Friday thread :).
It may not be quite as cut and dry as people suggest :
http://forum.tz-uk.com/showthread.ph...aytona+everose
Of course you should take it back, and ask what the best price on the watch is. It depends on what kind of person you are, really.
They made a mistake, it happens, why be that kind of person to take advantage.
I'm quite frankly disgusted by the replies above... all of them should have a Villain thread in H&V imo, what if I post out the wrong watch to one of them after a SC sale? "Go F*** yaself mate, aint ma fault, is mine now init!".
You're right - it's down to your conscience really. Not entirely sure what I would do personally, "bad karma" may be a consideration but if you genuinely purchased it in good faith surely you're square there.
Don't stick it up on SC at £1650 though
Their loss is your gain. I am sure if the other way round, they would not be contacting you.
What would I do? If I felt the service was outstanding, I would return the watch but expect a good deal on another watch.
If service was average, then tough luck for the shop.
I expect the shop is still making profit on the sale, albeit a lesser amount.
Hahahaha. I'm tempted to do that just to bait some....You're right - it's down to your conscience really. Not entirely sure what I would do personally, "bad karma" may be a consideration but if you genuinely purchased it in good faith surely you're square there.
Don't stick it up on SC at £1650 though
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And there's the voice of my conscience.....
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Percentage wise the two figures are quite a big difference, I would offer to split the difference, you still get a good deal but no bad Karma.
That crossed my mind.
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Maybe OP wouldn't have bought it at that price.
I think that's unlikely to be an issue as this place relies on reputation and that's a totally different scenario.
He was sold the watch he has at the price he paid. There wasn't a mistake in sending the wrong watch.
Whoever sold him the watch sold it at that price. If they shouldn't have, they perhaps shouldn't have been in a position to do so. That's the shop's problem.
If I sold you a watch via SC and then the next day PM'd to say I'd had a better offer and would you send it back and I'd refund you, what would you say to me? "Oh, OK, that seems totally fair!"?
OP, if a midway price seems fair to you, offer them that option, otherwise tell them you'll see them in court!
M
PS I'd agree that I'm pretty sure the shop isn't out of pocket at the price paid or if it is, it's a small amount... I wonder if they actually sold a watch that was still reclaimable?
Last edited by snowman; 4th January 2017 at 19:15.
That's true. I wouldn't have been tempted by a much higher price. Indeed, I did try to haggle them down further at point of sale. The truth is I simply thought I'd got a good buy, not that I'd taken advantage of anyone.
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That's true and if that was the case I would return it, only they would have to come collect from me or send a pre-paid envelope.
I think that it's a fair point to consider rectifying an obvious mistake (like a ridiculous price or sending out the wrong watch). I made that point earlier. However given that the actual price paid and the 'real' price claimed are not wildly far apart, let alone the 'best' price, I think characterising anyone who says under these circumstances 'keep it'a s a villain is a bit strong.
In that case, I believe you should keep it. You win some, you lose some
TBF Thats not what happened though is it, the OP has a watch that he payed the asking price for and concluded a deal.
Let me ask you, say you advertised a piece on SC for £1000, accept an offer, receive the payment and send the watch out.
Then realize that you paid significantly more for it than the £1000 you received, are you telling me you'd contact the buyer and ask him to pay more or return it due to your error?
Morality aside for the moment, what watch was it?
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