Does a product marked with a certain price have to be sold at that price (Ireland)? This question is already answered here for the US but I'm wondering about the same case in Ireland. (apologies if this is a duplicate but I wasn't sure what to do in this case) My wife and I were attempting to buy a vacuum cleaner in an electronics shop which was advertised on special offer at €270. The salesman made a point of explaining what a good deal it was given the reduced price. However, when we went to buy it, the salesman found out that the offer had ended the previous day, that they had neglected to take down the signs (which didn't feature an offer end date), and it actually cost something like €350. I attempted to argue that since the price was advertised at €270 and that's what we agreed on that he had to sell it for that price, but he said that while people think that's the case, it's not a legal requirement. My question is, is it?
No If the price advertised is not honoured by the business and you are asked to pay a higher price, you do not have an automatic right to buy the item at the special offer or sale price. As long as the shop or business tells you before you pay that the higher price applies, you have the option to either buy it at the higher price or decide not to. However, the shop or business may be in breach of consumer law in relation to misleading advertising. The prosecution (or not) of the misleading advertising is the government’s task, not yours. This is a common formulation across Common Law jurisdictions as it a codification of the historic common law position. An advertised price is not an offer capable of acceptance, it is an invitation to treat. That is, it is an invitation for you to make them an offer and the price that is likely to be accepted. It is overlaid with later developments in consumer protection surrounding false advertising and misleading and deceptive conduct.
I know the OP is asking about America, but its also worth knowing about other countries. This is legal if both subscriber and subscription are within the EU. There was also a court case about this. In another case in 2014 the pub lost, but that seems to have been because the decoder was only licensed for domestic use. These cases were for satellite decoders rather than Internet streaming, but the legal issues would be the same. Both these cases involved British pubs, so obviously this law doesn't apply to them since Brexit.
Yes, there is a reasonableness limit, and this is especially true in consumer transactions. If you were given an estimate and the final bill is a lot more than what you were expecting, you can dispute it. The final price should be ‘reasonable’. The law doesn’t say what counts as reasonable, so you’ll have to agree it between you. You should consider: the estimate you agreed to [if there was one] any changes, and why they happened anything that happened that was beyond the control of the trader, like bad weather or the cost of materials going up https://www.citizensadvice.org.uk/consumer/getting-home-improvements-done/problem-with-home-improvements/ When it comes to work itself, the act states that a tradesman or professional has a 'duty of care' towards you and your property. Any standard or price you agree must be honoured. But if it isn't agreed in advance the work must be done to a reasonable standard, at a reasonable cost, and within a reasonable time. So if you haven't fixed a price, you don't have to pay a ridiculously high bill. All you have to pay is what you consider 'reasonable' and invite them to sue you for the rest. Be careful though, in some circumstances when you are withholding payment you may have a claim made against you by a supplier if you are in breach of contract. What's a reasonable amount would be what similar tradesmen would have charged for the job. So get a few quotations. https://www.bbc.co.uk/programmes/articles/1fdlwC9xzyxjCpWMlsCGG3j/supply-of-services NB that article refers to The Supply of Goods &amp; Services Act 1982, which was partially superseded by the Consumer Rights Act 2015.
I think the law there is quite clear - you have 14 days to return the goods for a full refund, except for digital content, which you can't return once you started downloading it. That's what it says. The arguments that you try to give were quite obvious to the law makers. I think you can assume they were aware that "digital content does not have a physical form". Now if you purchased, but haven't downloaded or started downloading yet, then obviously you can get your money back. You came up with some theory that this is a "visual vanity item". You can't see it unless you download it. Once you download it, that's it. If you don't download it, you can return it. Let me repeat this: Your fancy analogies mean nothing. There are in the EU laws about being allowed to return goods for a refund. There's the general rule for buying in a store (no right other what the store offers voluntarily), online purchases (some days to return), and online purchases of digital goods (no return once you started downloading). That's the law. Your attempts at redefining the situation are totally pointless. The law says what it says. What you try to redefine doesn't mean one thing. The law clearly distinguishes several situations, and analogies don't count. What happens counts. You bought from a digital item from an online store that needs to be downloaded. And as soon as you start downloading, there is your right to return it gone. And your reasons for wanting to return the goods are completely irrelevant. You don't need any reasons, and having reasons doesn't help you.
This sounds like legal nominative use to me. The issue is trademark. Trademark law isn't a monopoly on using the trademark, it is a prohibition on using the trademark in a way that misleads a customer about who is selling something or what is being sold. You cannot sell goods in a manner that implies inaccurately an affiliation or endorsement of a trademark owner, causing confusion in the mind of a reasonable consumer. But, it sounds like your disclosure makes a factually accurate statement without implying or stating that the goods are sold with the affiliation or endorsement of Kodak, only that you used their goods as parts in your product. To be safe, in order to be completely clear and avoid all doubt, you might want to say, in addition, &quot;This produce is not licensed or authorized by Kodak.&quot; The First Sale rule expressly protects your right to resell physical good protected by trademark or copyright to someone else, so the sale itself is not illegal, it is just a question of whether you have abridged its trademark. Conceptually, what you are doing isn't that different from stating that the used car you are selling had all replacement parts obtained to maintain and repair it done with dealer approved parts, rather than third-party knock offs, which would likewise be legal. Similarly, you could sell a house with a listing that identifies the brand of every building material used. For example, &quot;this house was constructed using Pella Windows.&quot;
Its the difference between two different causes of action Facts Phillipa says she is selling a 2003 Super-X car The market value of a 2003 Super-X is £3,000 Alex and Phillipa agree on a price of £2,500 and complete the transfer The car is actually a 1999 Super-X The market value of a 1999 Super-X is £2,200 Question: Is the error (1999 vs 2003) a misrepresentation or a term of the contract? Misrepresentation It is clearly misrepresentation and this gives Alex grounds to sue. His remedies for misrepresentation are: Recision of the contract: Alex gets his £2,500 back and Phillipa gets the car back, or Damages for his loss. He gets £300 (£2,500 - £2,200) keeps the car and Phillipa keeps the balance of the money. Misrepresentation restores you to the position you would have been in if the contract had not happened Breach of contract If Alex can prove that the misrepresentation was more than a pre-contractural statement that induced him to enter the contract, that is, he can show that the year of the car is actually a term of the contract, then he can sue for breach of contract. His remedies for breach of contract are: Recision (as above) plus damages based on his expectation of profit from the contract. Alex gets his £2,500 plus the £500 profit he expected; Phillipa gets the car back, or Damages based on his expectation of realizing £3,000. He keeps the car (worth £2,200) and Phillipa pays him the £800 difference between that and the value of the car. Breach of contract puts you into the position you would have been in if the contract had been completed without the breach TL;DR Not all legal remedies are equal. The same fact pattern may give different grounds for action - some are better than others.
Under the law of common law contracts, posting a price is an invitation to treat and is not binding. However, in many jurisdictions, there may be (probably is) statutory consumer protection law that make this practice illegal. Whether this means the business must honor the price or merely makes them liable to prosecution and fines depends on the specific law. For example, in Australia the law refers to this as multiple pricing. The law requires that the business withdraw the product from sale until the multiple pricing is fixed (i.e. they take the poster down) or, if they are unable or unwilling to do this, they must sell for the lower price. If they do neither then they have committed an offence and are liable to be fined by the government; the consumer does not get any compensation.
It is their property, so keeping it without permission could well be seen as theft. I think you are obliged to make reasonable attempts to notify them you have their property before using it or selling it. Just like if someone left the item at your house after a party. If they want it back, however, it is at their cost, you should not be out of pocket for their failure to deliver within a reasonable time-frame; you may find they've already claimed the cost of the product from the courier and don't want it back. You are well within your rights to offer to buy it from them, and them to accept or reject that offer, this is a separate contract to the original sale.