Qualitywings

[Chock 17,769]

2 hours ago, HighBypass said:

Over here if a shop has items on a shelf where the price is say, £10, then when you go to pay for it, the shop has realised that they should have been displayed at £20, they have to honour the lower price I believe as it is their mistake (any shop assistant who mis-priced an item gets into trouble!).

This is not true, although it is quite a common mythical belief. In the UK, if it is a genuine mis-pricing mistake at a shop, either on the item itself, or in an advertisement, then it is precisely that - a mistake - thus the store has no obligation to sell it at that price so long as they correct the mistake. As a gesture of goodwill, many stores will choose to honour the pricing error for those in the process of being at the till to purchase the thing, but they are under no legal obligation to do so.

The confusion over this and the false belief by many that 'they have to sell it to you at that price' comes from the legal requirement at UK stores which states that if a shop sells you something at an incorrect lower price, then they subsequently realise their mistake, they have no right to demand you pay the correct price; they can ask you to do so, but there is no legal obligation for you to do so.

Another law concerning pricing which adds to the confusion concerning this, states that a discount which is offered has to reflect the item having been available for a specified length of time (usually at least a month) at the price originally claimed, before you can legally advertise it as being sold at a reduced price. This is to prevent stores from putting a high price tag on an item for five minutes, then immediately changing it back to the normal price and claiming, on the price tag, that the item: 'was £100, now reduced to £5' or some such in order to fake it looking like a real bargain. This sort of thing is not legal for physical bricks and mortar stores in most countries, but there are few laws preventing a web store from doing this.

Other rules for online stores are different too. Some laws were tightened up a few years back in the EU with regard to this, for example, you might have noticed that websites used to automatically have extra options you could buy whilst making a purchase 'automatically ticked', but now in the EU this is illegal for a web store and they must be 'automatically unticked' as a declined option whereby you actually physically have to change that to make the choice. Similarly, there are some rule changes concerning purchasing rights, but it's still largely the same, and the gist of that (for the UK at least, but similar in many other countries) is as follows:

A web store's stated 'terms and conditions' is the arbiter of what rights you have, i.e. if the company's published terms available on their website state that 'we will honour any mistakes in pricing' and you have a contract, then they are obliged to do that, but if it doesn't say that and/or you do not have a contract with them, then they don't have to, and it is as simple as that. 

The 'contract' bit is important. Usually you are regarded as having a contract when either an order is processed monetarily, or an order has been sent out to you. Otherwise you do not have a contract with the web store and so there is no legal obligation for them to honour any mistake in pricing.

Having said all of this, in this case their claim that EVERYTHING is reduced by 10 percent absolutely is misleading and they would do well to correct it by putting an asterisk next to that with a caveat relating to it which states 'excludes, this or that product'.

10 hours ago, mikeymike said:

I got an email from them stating that qualitywings is to never be on sale by flight1 

greed!!!

really is a shame.

mike

In spite of all of the above concerning where the actual laws stand, I think the web store should have honoured the discount for you, since - legalities notwithstanding - a product was sold to you whilst giving you the misleading impression that it would be discounted, and for at the very least, some good will, the web store should acknowledge this lest they gain some bad publicity and lose you as a customer in future.

Now, with all that said, the Quality Wings 787 is worth the full price, so there is no real need to feel disgrunteled about having it, and it's not really QW's fault that this occurred either, so apart from having paid a little bit more than you'd hoped, you've still got one of the best add-on airliners you can get for either P3D or FSX.

Edited June 30, 2020 by Chock

[HighBypass 2,339]

Alan - I sit corrected, sir! Thank you. 

[Chock 17,769]

Well, since so many people believe that it is the case that the store would have to sell it to you if there was a pricing error, effectively that makes it the de facto case if not actually the letter of the law. After all, you can't expect everyone working on the tills, or managing the store or whatever to be au fait with all nuances of all the laws, so I bet if you sounded confident, you could probably blag the shop into believing it was the law.

Edited June 30, 2020 by Chock

[mikeymike 362]

2 hours ago, Chock said:

This is not true, although it is quite a common mythical belief. In the UK, if it is a genuine mis-pricing mistake at a shop, either on the item itself, or in an advertisement, then it is precisely that - a mistake - thus the store has no obligation to sell it at that price so long as they correct the mistake. As a gesture of goodwill, many stores will choose to honour the pricing error for those in the process of being at the till to purchase the thing, but they are under no legal obligation to do so.

The confusion over this and the false belief by many that 'they have to sell it to you at that price' comes from the legal requirement at UK stores which states that if a shop sells you something at an incorrect lower price, then they subsequently realise their mistake, they have no right to demand you pay the correct price; they can ask you to do so, but there is no legal obligation for you to do so.

Another law concerning pricing which adds to the confusion concerning this, states that a discount which is offered has to reflect the item having been available for a specified length of time (usually at least a month) at the price originally claimed, before you can legally advertise it as being sold at a reduced price. This is to prevent stores from putting a high price tag on an item for five minutes, then immediately changing it back to the normal price and claiming, on the price tag, that the item: 'was £100, now reduced to £5' or some such in order to fake it looking like a real bargain. This sort of thing is not legal for physical bricks and mortar stores in most countries, but there are few laws preventing a web store from doing this.

Other rules for online stores are different too. Some laws were tightened up a few years back in the EU with regard to this, for example, you might have noticed that websites used to automatically have extra options you could buy whilst making a purchase 'automatically ticked', but now in the EU this is illegal for a web store and they must be 'automatically unticked' as a declined option whereby you actually physically have to change that to make the choice. Similarly, there are some rule changes concerning purchasing rights, but it's still largely the same, and the gist of that (for the UK at least, but similar in many other countries) is as follows:

A web store's stated 'terms and conditions' is the arbiter of what rights you have, i.e. if the company's published terms available on their website state that 'we will honour any mistakes in pricing' and you have a contract, then they are obliged to do that, but if it doesn't say that and/or you do not have a contract with them, then they don't have to, and it is as simple as that. 

The 'contract' bit is important. Usually you are regarded as having a contract when either an order is processed monetarily, or an order has been sent out to you. Otherwise you do not have a contract with the web store and so there is no legal obligation for them to honour any mistake in pricing.

Having said all of this, in this case their claim that EVERYTHING is reduced by 10 percent absolutely is misleading and they would do well to correct it by putting an asterisk next to that with a caveat relating to it which states 'excludes, this or that product'.

In spite of all of the above concerning where the actual laws stand, I think the web store should have honoured the discount for you, since - legalities notwithstanding - a product was sold to you whilst giving you the misleading impression that it would be discounted, and for at the very least, some good will, the web store should acknowledge this lest they gain some bad publicity and lose you as a customer in future.

Now, with all that said, the Quality Wings 787 is worth the full price, so there is no real need to feel disgrunteled about having it, and it's not really QW's fault that this occurred either, so apart from having paid a little bit more than you'd hoped, you've still got one of the best add-on airliners you can get for either P3D or FSX.

Yes ,they should honor the discount when they marketed all products to be 10% off.

and helps a little to save cash for those of us who live abroad.

mike