Re: UKNM: e-commerce own goal

[Ray Taylor]

From: Robert Hamilton (brandwidth) <

listsbrandwidth [dot] co [dot] uk

>


>> I read that Argos had consulted with ASA before making their

>> decision not to honour the orders.

>

>Surely it's trading standards, not advertising? The ASA have nothing

>to do with the former (wherever you read it!).


Since Argos will not honour an apparent offer made in an advertisement on

the internet, the ASA may have to consider a complaint in that if you offer

something in a print, poster, or internet ad, it must be honest, among other

things. Deliberately offering a product priced at �300 for �3 with no

intention of honouring the offer would be dishonest. Presumably, the ASA

advised them that they would consider the offer a genuine mistake, rather

than a dishonest offer. Argos might still have to answer complaints to the

ASA.


The real issue here is the existance of a contract between any customers who

ordered the product at �3.00 and Argos. Argos will no doubt argue that no

contract existed and that the mistake was obvious. Like a price ticket for

�3.00 falling on a �300 TV and sticking there.


Customer: "Oh, I'd like to buy that TV for �3.00, please"


Sales assistant: "I'm sorry, madam, that ticket appears to have got there by

mistake."


In order to make the contract stick, the customer would have to prove to a

court that the �3.00 price ticket was an "offer". In the normal course of

events a price ticket in a store is.


Then again, if the window display said "come inside for unbelievable prices"

perhaps the customer would have a good case. Who knows?


Also worth bearing in mind that any credit card companies involved are held

under the Consumer Credit Act to be a party to any contract that did exist.


Be interesting to see how it turns out.


But don't make the mistake of thinking this is new "internet" law. It ain't.

The principles involved are all well established. The only thing that's

questionable is whether or not the ASA has jurisdiction. Anyone know on what

basis the ASA claims jurisdiction over "internet advertising"?


Ray Taylor

Any apparent legal advice in the above should be disregarded since I have no

legal qualifications . If you want legal advice, ask someone qualified to

give it, not me


Have a nice weekend folks!

:)


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