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  1. #41
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    We're only assuming they had it priced wrong. Going on the facts she put a solid bracelet on hold for x dollars. She was given a different bracelet for x dollars. You can't argue the price mix up as we don't know there was one. So on the surface it appears very wrong.

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    Quote Originally Posted by ~Marigold~ View Post
    The "Misleading Advertising" section in that link @twinklify could possibly come into play here?
    True! Which is why I am not a lawyer. I have a thought that you can write in (or a video) about this experience to 'the checkout'. Let them do the legislation dirty work lol.

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  4. #43
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    If it were me and I came back a fair bit of time after I stated, with no deposit down and only a 'hold', I wouldn't expect (after a fair bit of time) the item(s) to still be kept for me, and if they were back in the cabinet I wouldn't be shocked.

    However, I would have asked for the jewellery items again (in this case the bracelet) so that I could try it on again and double check it's what I wanted and tried on earlier etc before I left the shop. It wouldn't be about doubting the integrity of the salesperson, but more for me as I know when I have kids with me I can get distracted/make rash decisions etc.

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    The shop may not have 'had' to sell the item at that price, if the offer was over or if the item was wrongly priced, but they did. The transaction was complete. But OP , you'll have bucklies chance proving they swapped the item. They will just deny it. Take the refund and never shop there again.
    Last edited by littleriv; 01-06-2016 at 21:00.

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    I love it when non lawyers "know" what the consumer law is.

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  9. #46
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    ~Marigold~ is offline You make me happy, when skies are grey
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    Quote Originally Posted by Sonja View Post
    I love it when non lawyers "know" what the consumer law is.
    None of us were certain though.... No one claimed to know for sure, which is why it was being thrown around. Even after reading the link on the previous page I'm still not sure.

    Do you know? Which is it? Do they have to sell a product at the price advertised?

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    Quote Originally Posted by Sonja View Post
    I love it when non lawyers "know" what the consumer law is.
    Yeah - that was me. Sorry. Was curious as to what the answer could be in case I have a similar situation.

    Eta. I am now more confused though.

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    Default A jewellery store did me wrong

    Quote Originally Posted by Sonja View Post
    I love it when non lawyers "know" what the consumer law is.
    Well perhaps you could clarify?

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    Quote Originally Posted by Nafsika View Post
    I will be going to get a refund. After I receive a phone call.

    They should of been honest and said we have marked the wrong item down. Not scam people. Simple.
    what was the jewelry store, out of curiosity?

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    Sorry didn't mean to sound smarmy but was interested in how many posters seemed sure what the position is.

    In fact it's really complicated.

    In SSquirrel's example, no a special deal doesn't have to be honoured if the terms and conditions are clear. So in my experience dealing with large companies like Coles, woolies etc they advertise the end date of these deals and if the sign is still displayed they don't have to honour the deal.

    But the first place to look is the stores own policy and usually the major retailers honour incorrect prices as a policy. But they aren't always obliged to.

    So if you're dealing with a small retailer they don't have to honour an incorrect price so long as they tell you at or before the time you purchase the item. They can't charge less then ask for more after you walk out of the shop. And they can't try and sell you a different product because they realise it's incorrectly marked.

    In this case I don't know enough about what happened. But yes there are definitely times you can insist on being sold a more expensive item if they don't explain that it was priced in error.

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