Legal Question (1 Viewer)

[RTTTYTR]

Is there a law that relates to retail prices and a shop charging more then their advertisements state?

Ie; product X is offered to consumer for $Y+Z, and consumer is told that the $Y price that was advertised & still is advertised is no longer available.

 

[turtleface]

Its probably best to ask practicing legal practitoners about things like this, but its probably not worth the effort if it's a trivial item.

I'm no lawyer but this reminds me of Partridge vs. Crittenden [1968] so maybe no.

Also are they discriminating against you? That could be an avenue for action

 

[lissamaher]

Oh course there is, that is misleading advertising, and they are obligied to give it to you for either the advertised price, or free.

 

[spell check]

yeah i'm pretty sure they have to sell at the advertised price

i'm no expert but this sounds like it would cover it

TRADE PRACTICES ACT 1974 - SECT 56

Bait advertising
(1) A corporation shall not, in trade or commerce, advertise for supply at a specified price, goods or services if there are reasonable grounds, of which the corporation is aware or ought reasonably to be aware, for believing that the corporation will not be able to offer for supply those goods or services at that price for a period that is, and in quantities that are, reasonable having regard to the nature of the market in which the corporation carries on business and the nature of the advertisement.

(2) A corporation that has, in trade or commerce, advertised goods or services for supply at a specified price shall offer such goods or services for supply at that price for a period that is, and in quantities that are, reasonable having regard to the nature of the market in which the corporation carries on business and the nature of the advertisement.

there might be other stuff in the consumer protection part of the Act

 

[Baiku]

You need to look to...
a) contract law
b) Trade Practices Act

The provision referenced by spell check (s 74) is useful to you.

However, contractually there is no contract until the offer is made by the PURCHASER, which is accepted by the VENDOR in forming the contract.

The only way you will be able to recover damages in these circumstances is if there was no reason to believe, at the time of advertising, the vendor would be able to offer the goods/services at the listed price.

All they then have to show is that some circumstance changed, their supply ran short, their supplier called them and changed the price, etc. and they are not liable.

Basically, if they advertise the wrong price by reasonable grounds - you're not going to get anywhere in a legal battle. You can only get anywhere if they unconscionably sought to attract customers by offering a price obviously below what they ever intended to sell the good for - i doubt that this is the case, but if it is, good luck to you.

(don't consider this to be legal advice...blahblah disclaimer I'm not a lawyer)

Oh course there is, that is misleading advertising, and they are obligied to give it to you for either the advertised price, or free.

That isn't the case at all - that may be the policy of some stores like Coles that are more concerned with your business than the price of a single good.