Phone fans thought they had the deal of a lifetime this weekend when Argos offered the Nokia Lumia 800 for a mere £120. It quickly turned out to be a mistake -- but what are your rights in such a situation?
Argos made the gaffe on Saturday, and the eye-popping £300 saving was spotted by bargain-hunters at hotukdeals. News of the deal spread like wildfire, with This Is Money reporting that 167,332 people checked out the Argos listing for the 800 over the weekend. How many of those actually placed an order is unclear -- but Argos has confirmed they won't be getting their cheap phone after all.
Like most things that look too good to be true, it wasn't. Argos apologised and is issuing refunds to those who laid down some cash.
The catalogue-based shop said, "Due to an error, the incorrect price for the Nokia Lumia 800 was published on argos.co.uk for a limited period on Saturday 21 January 2012. Argos has since removed the incorrect information from its website and sincerely apologises for this genuine mistake.
"Argos is in the process of contacting all affected customers and a full refund will be paid."
But hang on: everybody knows that when a cheap price is listed in a shop or online, the shop is legally bound to sell you the item at that price, right? Wrong -- that's an urban myth, sadly.
Consumer blog Bitterwallet tackles this very subject, explaining why retailers don't have to honour misprices. Legally speaking, offering an item at a certain price is an "invitation to treat", and not an "offer to sell".
Even when the retailer takes your money it hasn't formed a contract with you -- that only happens when the item is dispatched to you. So at any point up until the item is actually sent, the retailer can cancel the transaction and refund your money.
Sometimes a retailer will honour the accidental price for the PR value, but it's under no legal obligation to do so.
The Lumia 800 usually costs upwards of £400.
Have you ever spotted a fabulous discount? Have you benefited from a misprice? Tell us in the comments or on our bargain-basement Facebook page.
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Comments 10
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damien2501 25 January, 2012 10:31
Silly right? Its not the first time either. I saw an iPhone 4s priced at £600. Oh wait. That is the actual price. Ouch!
anonymous 25 January, 2012 10:41
A network hard drive at Staples was on but the generic bag it was in said 99p. That was obviously not the price and so I asked the manager. While waiting my kid was crying and the manager in his frustration couldn't find the right price. He finally sold it to me for 99p.
damien2501 25 January, 2012 11:42
I went to Staples once, never again. Spoke to an irish woman who knew nothing about technology and a 16 yr old guy who stunk of bio. Makes me feel sick just thinking about it. I dont care if they do underprice stuff
anonymous 25 January, 2012 12:56
Last week i also purchased Nokia Lumia 800 in 28,190 Rs from shopbychoice.com . I like this mobile ,specially its camera and speaker quality.
anonymous 25 January, 2012 13:26
Once the money has been accepted, it is no longer simply an invitation to treat. I wonder what trading standards' view would be?
anonymous 25 January, 2012 14:44
Yeh my take on the Sale of Goods Act was that if they offered to sell it for a reduced price and you made payment the contract was complete. No doubt some legal eagle will correct me if I'm wrong!
anonymous 25 January, 2012 21:07
A bargain like the 50" Panasonic 3d plasma (ST30) for £199 from M&S two weeks ago?
That's me sorted.
anonymous 25 January, 2012 21:26
check out the argos 1999 case. interent transcations are different. invitations to treat to apply in the normal sense. i studied contract and forgotten already lol
Loadit 25 January, 2012 22:53
What the hell does offer to treat mean?
anonymous 26 January, 2012 09:33
Offer to treat? If your offering money for them to treat u isn't that a bribe?