Walmart advertised wrong price, is consumer entitled to that price?

[delimare]

So my future brother-in-law is dead set on a 360 and he says that Wal-Mart has one for under $400 with the HDD, 3 months of live but NO wireless controller. This is impossible since neither the core nor the premium edition comes with this setup. Premium has the HDD, the live and the wireless controller while the core has nothing expect a wired controller.

After explaining all this to him he went back and found out that the box had been mislabeled with the sticker that was stuck on it. He was under the impression that he was now entitled to that price because Wal-Mart had screwed up. They did agree with him but suddenly changed their tune when they found out how much they were going to lose, $100. They began telling him that this rule applied to anything but electronics.

I'm curious if this is true or not. I want to help him out a bit because I believe he really deserves this system. My sister has him by the balls and keeps all the money under lock and key restricting his buying power to rice patties and dental floss. He would be forever in my debt if I could get him some info for his attack. He's off to confront the store manager tomorrow...

[Virtualbody1234]

The pricing policy is displayed in every store.

Go read it.

[thewizeard]

Not in the Netherlands..not only because we haven't got Walmakt. Basically the law here is in this way interpreted..

If a colour TV is priced say at 900€ and it should be 990€ then you can insist on that price...if it's say, normally 900€ ,and it's priced at 90€ then the law says..due to the size of the mistake, then you will have to pay the normal retail price. It's the size of the mistake that counts. Small one are accepted large ones not, no doubt to protect the businesses against shoddy work by their employees. The Netherlands is a work/business orientated culture.

..but when it comes to relaxing. I doubt if there is a better land to live in.. :smoke:

[4play]

In the uk its a £2000 fine for every mis labeled item so i would have threatened to report them to the appropriate authority for misleading you.

[thewizeard]

Yes that's a good one 4play, then one could certainly point out, it would only be in their financial advantage for you to pay 90 dollars for that `1900 dollar computer lol :) they would save at least... erm..it's too early to work it out...

You could mention something like this, if they become difficult "It will save you a small fortune in Court costs and it's only in our mutual interst..I need the service you need a business... :)

[Chip Monk]

A contract isn't actually made until the customer makes an offer for the goods and the offer is accepted . If you walk up to the checkout and say (or imply) I want to buy this item for £100 that is the price on it, they are perfectly entitled to say "No, that was a mistake". You can ask to get it at that price as a matter of good faith, however they would not normally be obliged to supply it at the lower price. It's similar to you walking round the shop putting things in a basket, you haven't actually contracted to buy them, untill you make the offer and it is accepted . There is case law on this.

This is for the UK.

Beware of anyone giving a glib answer to what is essentially a legal question. They tend to be making things up rather than having any actual knowledge.

[thewizeard]

A contract isn't actually made until the customer makes an offer for the goods and the offer is accepted ....

Beware of anyone giving a glib answer to what is essentially a legal question. They tend to be making things up rather than having any actual knowledge.


Een rechtshandeling vereist een op een rechtsgevolg gerichte wil die zich door een verklaring heeft geopenbaard.

http://nl.wikipedia.org/wiki/Overeenkomst_%28Nederland%29

http://nl.wikipedia.org/wiki/Algemene_voorwaarden

http://nl.wikipedia.org/wiki/Algemene_voorwaarden#Vernietigbaarheid

http://nl.wikipedia.org/wiki/Overeenkomst_%28Nederland%29#Gevolgen_van_het_niet-nakomen_van_de_overeenkomst


..in the Netherlands that is. :)

[lynx]

I'm pretty sure that Chip Monk is right in what he says.

However, if you can show that they enticed you to buy with a deliberate low price or a misleading advert they can be prosecuted for false pricing and/or false advertising by the local authority's trading standards department.

That said, many stores advertise that if they mislabel their goods they will only charge what the label price says. They make no distinction between high priced goods and low priced ones, or the amount of the discrepancy. That is an enticement and any attempt to renege on that offer would render them liable to be prosecuted.

In the UK, Wal-Mart (Asda) is one store that makes this offer, and I suspect that the same offer applies in all Wal-Mart stores. I can't guarantee the legal standing in other countries though.

Edit: Just a thought, assuming that Wal-Mart do have a similar price promise, but the law doesn't back you up, you can simply threaten to march up and down outside with a banner declaring that their price promise is worthless. Make sure you mention that you will be calling the press too. It's amazing what the threat of bad advertising can achieve.

[thewizeard]

In Holland there was a shop that had an advertisment in their window for a certain well known brand of TV, "voor en appel en en ei" or something." For an apple and an egg", which means..for nothing or very cheap. They were forced to give those TVs away for nothing other than apples and eggs. This is a true story.

[Mathea]

yeah here if you start to freak out cuz they fucked up they will usually sell it to you for their mistaken price to get you the fuck outta there


so ive heard that is

[JPaul]

yeah here if you start to freak out cuz they fucked up they will usually sell it to you for their mistaken price to get you the fuck outta there


so ive heard that is

I always thought things like this were a civil matter.

[GepperRankins]

yeah here if you start to freak out cuz they fucked up they will usually sell it to you for their mistaken price to get you the fuck outta there


so ive heard that is

I always thought things like this were a civil matter.
never misunderestimate the power of being an insufferable idiot.

i always get my money back from like bank charges and stuff by refusing to accept that i made a mistake :smilie4:

[Mathea]

i would knoe nothing about that, no matter how you look at it

[JPaul]

I always thought things like this were a civil matter.
never misunderestimate the power of being an insufferable idiot.


Fuck you, emo.