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A wrongly labeled price: does the retailer have to honor it?

9.99 euros on the shelf, suddenly 19.99 euros at the checkout? Many believe the retailer must sell at the labeled price. Legally, that is not the case; a price tag is not yet a binding offer.

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Clarify your question

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A price tag in the store (or shop window) is legally only an 'invitation to submit an offer' (invitatio ad offerendum), not a binding offer. You make the offer at the checkout, and the retailer can accept or reject it at the labeled price.
So the retailer is not obliged to sell at the (accidentally) too-low price. Only once the purchase contract is concluded (payment/receipt) does the agreed price apply. Online too, a provider can often still correct or cancel an obvious pricing error.

What you should do now

  1. 1

    1. Assess the situation

    Is the purchase already concluded (paid), or are you still at the checkout?

  2. 2

    2. Ask politely

    Many retailers sell at the labeled price as a goodwill gesture; just ask.

  3. 3

    3. No enforceable claim

    The retailer is not legally obliged to sell at the wrong price.

  4. 4

    4. After the contract is concluded

    If the contract is validly concluded, the agreed price applies; in case of an obvious error, a rescission may be possible.

Frequently asked questions

Does the store have to sell at the labeled price?

No. A price tag is legally only an invitation to submit an offer (invitatio ad offerendum), not a binding offer. You make the offer at the checkout, and the retailer can accept or reject it. So they do not have to sell at the (accidentally) too-low price, though many do so as a goodwill gesture.

What applies to a pricing error in an online shop?

Online too, the product presentation is usually only an invitation to order; the contract often comes about only with an express acceptance (shipping confirmation), which the terms and conditions govern. In case of an obvious pricing error, the provider can often still correct the contract or rescind it for mistake. An enforceable claim to the wrong price generally does not exist.

Take action now

We put together the ready-made texts and the right places to contact for you.

General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.