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Posted

So, I got a sportsmans warehouse email today the looked like this:

 

post-7169-0-43044900-1377675085_thumb.jpg

 

My question is, do I need to quickly pop down there and demand a Garmin watch for R300? or do they have some ground to claim a mistake or accidental false advertising?

Posted (edited)

Obvious errors

 

If there is an obvious error in a price displayed, the supplier will not be bound by that price if the supplier corrects the error and informs the consumer of the correct price before the sale is concluded. The supplier is not obliged to sell the goods to the consumer at the patently incorrect price. It follows that if the price is not obviously incorrect the seller will be bound by the displayed price but, the seller will not be bound where the price displayed in relation to any goods or services has been changed, covered or removed by an unauthorised person. It is a criminal offence for anyone to tamper with the supplier’s prices.

What should you do?

Suppliers should be vigilant when it comes to pricing on goods and they should:

  1. ensure that goods and services have one displayed price;
  2. correct pricing errors as soon as possible and ensure that consumers are informed of the error before any sale;
  3. appoint a specific employee to be responsible to check for price errors at regular intervals; and
  4. get legal advice if in doubt

Although the Consumer Protection Act protects the consumer and ensures that the consumer knows the total price that they are to be charged for the goods and that the price is fair, it does not entitle the consumer to an unfair price benefit or to take advantage of the supplier.

from http://www.nortonrosefulbright.com/knowledge/publications/72311/consumer-protection-act-pricing-and-advertisements

Edited by Uni
Posted

There were a couple cases in the UK a few years ago, where the companies did this and they had to honour the mistake, cost them loads, not sure what the rule or law is in SA though.

Posted (edited)

No retraction yet?

Then R 300.00 it will be.

Wonder what CWC and ASG take will be on this? (OK, and Uni gave me the answer)

 

No retraction yet?

Edited by No Hare
Posted (edited)

My Comm Law 1 class (25 years ago) went something like this:

 

This is not an offer but an invitation to do business.

When you get to the till, you make an offer to purchase which they accept.

 

You will probably find somewhere on the mail it says E&OE meaning Errors and Ommission Excepted. This is an additional get out of jail card for them although not required.

 

There biggest issue is a PR issue after creating an expectation which they are now going to disappoint.

Edited by davem
Posted

My question is, do I need to quickly pop down there and demand a Garmin watch for R300? or do they have some ground to claim a mistake or accidental false advertising?

 

I'd take a drive and talk to them,pretty sure they'll blame the printers.Maybe you lucky and they give it at the price.

Do they have a fb page?

Posted

Obvious errors

 

If there is an obvious error in a price displayed, the supplier will not be bound by that price if the supplier corrects the error and informs the consumer of the correct price before the sale is concluded. The supplier is not obliged to sell the goods to the consumer at the patently incorrect price. It follows that if the price is not obviously incorrect the seller will be bound by the displayed price but, the seller will not be bound where the price displayed in relation to any goods or services has been changed, covered or removed by an unauthorised person. It is a criminal offence for anyone to tamper with the supplier’s prices.

 

what constitutes obvious? to the uninformed R300 for that watch or even a lesser case R250 for those asics is not obvious.

 

That said, the fact that if you click more detail it takes you to a page that shows the correct price for the products might be their get out of jail free card

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