Price Glitch Laws
You can ask our online solicitors for advice on price glitch laws using the question box on the front of our website or the following free legal advice guide may answer your questions.
Mistakes can and do happen in retail, particularly when it comes to pricing. In a busy store with thousands of items of inventory, products can sometimes be priced incorrectly. Sometimes this is due to human error, or there may be a glitch with pricing tools. Whatever the reason, as a consumer, you do have some options if you come across a product that is advertised with a price glitch.
This situation is commonly referred to as a price glitch and it sometimes means that you can purchase the product at a lower price.
However, there is a common misunderstanding the customers have a legal right to purchase a product at the advertised price, even if this has been a price glitch. From a legal sense, the rights that you have as a consumer will depend on whether you have paid for the item or not. Sometimes, a pricing glitch may not be realised until after purchase. In both of these situations there are certain rules that apply.
Price Glittch Item Not Purchased
When you choose a product to buy and you take it to the till, the price on the item may be different to the one that is listed on the sale price list in the till. In this instance, you aren’t covered by any legal rights. This is because you don’t have to purchase, and the store does not have to sell you the item at the lower price. Although the store may decide to honour the lower price if it is a genuine price glitch, they are under no obligation to do so.
Furthermore, store owners may not be aware that products have been priced incorrectly until they are taken to the till. In this instance, they are permitted to refuse the wrongly priced item and withdraw the entire batch from sale until the correct pricing has been applied.
These rules are applicable to any product or service that is available from a supplier. Consumers have no legal right to buy a product or a service at a lower, advertised price.
Price Glitch Item Purchased
When pricing errors are made and you have bought an incorrectly priced item, you are under no legal obligation to give the product back. There is only one situation in which the supplier can request additional money from you after purchase and this applies when there has been some discussion about the correct price of the item before you bought it.
As well as under-pricing items, there is also the possibility that they can be overpriced too. If you are charged more for a product than what was advertised, you are within your rights to request a refund of the difference. Where a dispute arises if for example the store owner refuses to issue a refund for the difference, it is important that you keep evidence of any price differences. This could, for example include a photograph of the advertised price and a copy of the receipt to evidence the price you paid.
When an error occurs, the majority of retailers will correct the mistake, particularly if a customer has been overcharged.
Price Glitch Online
The above situations apply to physical stores but what happens if you make a purchase online? This is a little different in that the legal rights that you have as a consumer will very much depend on whether a ‘contract’ exists between you and the business you purchased from. Whether a contract was created will very much depend on the terms and conditions of the company and what these state about how a contract is formed between a consumer and the business.
Contracts in an online sense will usually exist when there has been an exchange, or a transaction such as paying for an item that has been dispatched to the customer.
Always review the terms and conditions of the seller to find out what rights you have, particularly when making larger purchases. Where it is difficult to find terms and conditions or where the case is particularly complex, it is advised that you contact the Citizens Advice Bureau for further advice and information.
As a general rule, once a contract has been formed between the consumer and a retailer, it is often very difficult for them to cancel the order, even when they become aware that there is a pricing error. However, a business can cancel an order if it can be proved that it was realistically expected that the customer should have noticed that the pricing on the product or service was a mistake, and this was a genuine error. In addition, without a contract between a customer and the company and an item is sold at the incorrect price, a business cannot cancel your order.
Consumer law is challenging and always changing. If you have any problems with incorrect pricing, particularly on high ticket products or services, it is advised that you either consult the Citizens Advice Bureau or speak to a qualified solicitor who will be able to review any contracts from a legal point of view, advise you on your rights and offer guidance on the next steps that you can take.