Question of the Week
I sold a fairly-new stove to my friend two years ago. I told her she could pay me 'whatever" and so far, she has only given me $300. I have been waiting for her to pay more money for a while, but since I fell on hard times, I asked her to give me back the stove so I could sell it and she refused. Can you assist me in getting my money or the stove?
Based on the information provided, some very important steps were overlooked in conducting the sale of the stove. The sale price of the stove was never established. The buyer was asked to pay "whatever" and $300 was paid. At the time of the sale, and upon receiving the $300, the seller did not state that a deposit was required therefore it cannot be assumed that the $300 is a deposit or a first instalment. There is also no evidence of an agreement for funher payments or the dates on which payments were to be made. It therefore appears the term of your sale arrangement was met.
I am an operator of a store in St. John's and on many occasions, I find customers to be rude and disrespectful especially when they are seeking redress. Does a business have the right to refuse service to a rude customer?
Generally, if a consumer is causing a scene or affecting the shopping experience of other consumers, you can ask that consumer to leave. Before refusing service, you should try to deescalate the situation with the rude consumer. Ensure that refusal of service is not based on unlawful discrimation such as religion, race, sex, sexual preference, physical challenges or nationality. Some examples of the right to refuse service to a consumer includes: consumer breaks the rules of your establishment, consumers threatens or verbally abuses the owner, workers or other consumers or the consumer appears to be intoxicated. In instances where consumers are seeking redress and service has been refused, the consumer is still entitled to redress. The trader and/or consumer can seek assistance from the Division to help resolve the matter.
I sold a fairly-new stove to my friend two years ago. I told her she could pay me 'whatever" and so far, she has only given me $300. I have been waiting for her to pay more money for a while, but since I fell on hard times, I asked her to give me back the stove so I could sell it and she refused. Can you assist me in getting my money or the stove?
Consumers, you can ask that consumer to leave. Before refusing service, you should try to deescalate the situation with the rude consumer. Ensure that refusal of service is not based on unlawful discrimation such as religion, race, sex, sexual preference, physical challenges or nationality. Some examples of the right to refuse service to a consumer includes: consumer breaks the rules of your establishment, consumers threatens or verbally abuses the owner, workers or other consumers or the consumer appears to be intoxicated.
I am an operator of a supermarket and customers have stolen from my establishment many times. I have now set up a designated area and have asked customers to leave large bags there. Since setting up the area I have received complaints from customers, especially females, who are upset about having to leave large bags. Is it wrong to ask customers to leave large bags in the designated area?
Shoplifting is a major problem for a number of supermarkets. Some supermarkets and stores do not allow consumers to have large bags or backpacks while shopping to help stop shoplifting. There should be a sign stating this or an employee or security officer should explain this to the consumer. Should the consumer refuse to comply with the supermarket's policy, they can leave their bag in their vehicles or with someone outside the supermarket.
At a hardware store I asked if I could return a door if it didn't fit properly in the space. I was told if I used my card and had to return an item, then I would incur a 10% restocking fee on the credit card transaction. A sign stating this is also being advertised in the store. Is this legal?
As a part of their store policy, a number of traders charge restocking fees that are generally 10% to 15% or higher. Restocking fees are allowed once clearly disclosed but are not charged if the consumer is returning an item due to defect, missing parts or incorrect orders.
I generally make purchases at two major supermarkets but identifying the correct price of the items can be very frustrating. When I ask the workers for assistance, they themselves do not know and I am told to look at the barcode on the shelves which I have a hard time understanding. On several occasions, what I believe the price to be is different at the checkout or when I check my receipt later, I realize I have paid more than I intended. How can you assist me in obtaining the correct prices?
Although the use of barcodes has become popular, in keeping with the Distribution and Price of Goods Act, all price controlled goods should be clearly marked with their selling price or the price displayed directly in front of the good. For consumers, who may find barcodes to be challenging, they may utilise the barcode scanners strategically placed within the supermarkets can assist consumers in identifying the correct prices of goods. Additionally, consumers can seek assistance from customer service. Such information will also help consumers to make informed purchasing decisions and avoid overspending.
I bought two batteries last week and three days later I returned them because they were not working properly. The store kept them for two days and then told me the batteries were not good. They replaced them but the replacement batteries were each $125 more so I paid an additional $350. For the two days they had the batteries, I was unable to operate my truck, and I lost my income for those days. Can I sue the store for the income I lost?
Yes; you can sue the store for toss of income. Defective products are often handled through personal injury lawsuits. These are civil court actions that a consumer's attorney can file on his/her behalf. The purpose would be to seek compensation for the loss (or injury) that the product caused.
I purchased a jeans pant yesterday and while wearing it last night it began tearing in several places. When I examined it, I realized it was dry rot. This morning, I took it back to the street vendor and she offered me another one which I refused. I told her I didn't want another pants because I believed she had them far a long time and what happened to me was embarrassing so I wanted my money back. She said 'no’ because she has more pants. Do I have to take another pants?
No; you do not have to accept an exchange. Afler having such an experience, it is clear that you have lost faith in the goods ofiered by this vendor, therefore you can request a refund. According to the Sale of Goods Act 1990, goods must be of merchantable quality. Your new jeans pants should not be tearing or falling apart. We strongly recommend you make a complaint with the Division so we can seek redress on your behalf.
I purchased a used vehicle for $12,000.00 and after driving it for about 30 minutes it began overheating and was leaking oil. I then contacted the seller regarding the issues and asked if there were any other issues since I did not test-drive or have a mechanic check the vehicle before purchasing it. I was referred to her mechanic who told me it could be the radiator so I took the vehicle to have the radiator sorted out and had to pay $200. Since I obtained a loan to purchase the vehicle, I should not have to deal with issues or pay any money to fix anything so I took the vehicle back to the seller and requested my money back. She has however refused and I left the vehicle there. Can you get my money for me, please?
The vehicle you purchased and returned to the buyer is your property. As a consumer, you had the responsibility of test-driving the vehicle and consulting with a mechanic before making the purchase. Also, used vehicles are "sold as is" or "sold as seen", so there may be some fault, imperfection or wear and tear. Once arrangements were not made for the buyer to cover the cost of repairing any issues with the vehicle before the sale, the cost for any repairs after the sale transaction has been completed is the responsibility of the buyer.
My client ordered a latex helium balloon for her birthday party. I explained to her that such balloons do not do well in high-humidity weather so it would be best to collect them on the day of the event. However, she insisted on collecting it the day before the event. The next morning, she called complaining that the balloon did not have sufficient helium in it and her event was that afternoon. I reminded her that I did inform her of that and asked her to return the balloon so I could fix the issue. She said she was very busy but would try to get a ride and come but she never did. The day after her event she called requesting a refund claiming the balloon was not done properly but she had pictures with it on social media. Should I refund her?
No. The consumer was informed of the risk of collecting the latex helium balloon before the day of the event. Also, you offered to fix the issue when she complained prior to the event. If the balloon was “satisfactory” enough to be used during the event for picture-taking, there are no grounds on which to base the need for redress.
I purchased a fan from a store in town. When it was checked in store, the fan appeared to be working well but after using it at home for about half an hour, it began making loud noises and stopped working. I returned the fan and was told that a technician would have a look at it and get back to me within a week. It has been two months and I am still without the fan and any request for compensation has not been favourable. Since the store has the fan and the money, can I go to the store, and take a fan so I can be compensated?
Situations like these can be frustrating. However, taking a fan from the store in such a manner may be considered theft for which you could be arrested and charged. We strongly recommend that you make a complaint with the Division so we can seek redress on your behalf.
I purchased some fish at a supermarket and while cleaning them I realized two of them had a foul smell so I threw them in the garbage. I returned to the supermarket and told the supervisor that two of the eight fish I purchased were bad and asked to be compensated for the two spoilt fish. The supervisor asked to see the spoilt fish and I told her I threw them away. She said since I didn't have the spoilt fish for them to examine, she couldn'I give me back the money. Is it fair for me to pay for spoilt fish?
Generally, the consumer must demonstrate by returning the evidence (spoilt fish) that a particular good is defective and that this defect was already present at the time of purchase. Without examining the fish, the supermarket cannot be certain that it is spoilt and redress may not be offered.
In June, I received a gift certificate for my birthday. The certificate states it expires on 8th September but I became busy and forgot about it. The next working day (September 11th) I went to the store to try and redeem the certificate. I was told that the $300 gift certificate had expired and the store would not accept it. I asked to speak to the manager who checked and it was found that the gift certificate had not been redeemed. However, I was told that it is the store's policy not to accept expired gift certificates. How can I get my gift?
It is unfortunate that you forgot about your birthday gift. However, the store does not need to honour the gift certificate after a valid expiry date has passed. Although we have no consumer laws that regulate gift certificates, the store's policy is not unfair towards the consumer since the expiry date of the gift certificate was made known.
I purchased a pair of school shoes for my son on Monday. That evening, his father visited and brought him the exact shoes. The next morning, I took the pair I purchased back to the store. I explained to the manager that his father had given him the same shoes and since I purchased the shoes in less than 24 hours, I am requesting a refund. The manager said they did not give refunds and I could exchange the shoes for another one. I told her I didn't want anything else in the store, just my money back but she said that was not possible. Why can't I get a refund when I bought the shoes less than 24 hours ago?
This is a rather unfortunate position to be in. However, the store is not obligated to offer you a refund as the shoes are not defective or faulty. Additionally, the Sale of Goods Act does make provision for the obligatory refund of goods purchased within a 24-hour period. The store has offered a fair redress option of an exchange which you are free to accept or reject. You may also sell the shoes to get back your money or negotiate with the store to sell the shoes on your behalf for a fee.
In late June, I took 3 yards of fabric to a seamstress to make two school uniform jumpers for my daughter. The seamstress said the job would cost $120 and further explained that I would need to make a 25% deposit which I did. We agreed that I would collect the uniforms on the first Friday in August. I have been to the seamstress several times and as of today, 30th August, the seamstress still has not started the uniforms. I have asked her for my fabric and my deposit back and she has refused saying she will get them done next week. Can your office assist me since I no longer wish for her to make the uniforms?
Yes; we can assist you. The seamstress failed to deliver on her promise to provide the uniforms in the time agreed or within a reasonable period of time. Clearly, you have lost faith in the seamstress thus, your request for your fabric and deposit to be returned are quite fitting. We strongly suggest you make a complaint with the division so we can investigate the matter.
After purchasing a few items for Back-to-School, I found one of the items (a school bag) at a much lower price. Since I was still in town, I took the bag and the receipt back to the store. I explained to the manager that the same bag was at another store for $35 cheaper and requested a refund. The manager refused to give a refund stating I could exchange the bag for another item in the store. I refused to have the bag exchanged because I want my money back so I can buy the bag at the other store. What else can I do to get the refund?
As a consumer, you have the responsibility to shop around to ensure you get the best value for your money. The bag has no defects therefore, the store is not obligated to refund you. The store has offered a fair redress option of an exchange which you are free to accept or reject. In this case, there is nothing additional you can do but this could be a learning experience for you.
I received a receipt from an establishment after making a purchase. The receipt states that I have a return window of 24 hours and I am curious to know if this is a fair amount of time. Also, the receipt states, “NO REFUND”. Should my purchase have a defect, would I not be entitled to a refund?
For everyday consumer goods, a 24-hour return window is indeed a very short period of time in which to do returns. The Division continues to put forward the best practice of returns to be conducted within 7 business days. With regards to refund, should the item have defects, the consumer must be offered redress (refund, exchange, repair or store credit) for the full cost of the item.
I went to the hairdresser to have faux locks applied to my hair. I sent her the picture of the style in advance and she assured me she could style my hair that way. While the hairdresser was applying the locks, I asked her if the locks would look like the picture and she said yes. When she was finished, it didn't look anything close to what I asked for. There are a lot of spaces between the locks and by the following day, a few began coming apart. I called the hairdresser and she said I must have slept badly and messed the locks up. She has refused to do my hair over or even give me a discount. What should I do?
In some instances, after shoddy or inferior work, some service providers refuse to offer redress to consumers. The Sale of Goods Act states a service provider providing a service must do so with reasonable care and skill. We strongly suggest you make a complaint with the division so we can investigate the matter and seek redress on your behalf.
On 5 July I placed an order with a caterer for pastries. When the food was delivered on 28 July most of them were burnt and I refused them. I contacted the caterer and he said he would do over the order. Up until 4 August, I was yet to receive the pastries. I called the caterer on the 9 August and told him I no longer wanted the pastries because our family event had passed and most of my family members are leaving, so I want my money back. He told me he is not giving me a refund because he was busy with Carnival and he has never refused to do over the order. Would it be possible for me to get my money back?
Yes; you can get your money back. Although the caterer entered the redress process, he failed to deliver on his promise to provide you with the pastries in time for your family's event or within a reasonable period of time. You have given the caterer a fair amount of time in which to do over the order and your request for a refund is fitting. We strongly suggest you make a complaint with the division so we can investigate the matter and seek redress on your behalf.
I received a gift certificate from a store in town and decide to get three pairs of shoes. Two pairs have size 0 marked on them and the other size 40. After the sales clerk assured me the Size 40 is indeed a size 10 and showed me the size 10 on the box, I purchased the three pairs. After wearing the size 40 for a short time,I had to take it off because it was too tight. I returned the size 40 shoe to the store because I believe they gave me the wrong shoe in error and requested a size 10 as stated on the box. The store told me I could not get another shoe because I wore it; all they could do was stretch it, and I accepted that. However, what bothers me is the store owner said they were the ones who placed the size 10 over the size 40 on the box. Are they allowed to do so?
No. the trader is not allowed to do this. In accordance with the Sales of Goods Act, goods are to be as described. The size stated on the shoe should correspond with the size stated on the box. In this case, the consumer should have been given redress and not merely have the shoe stretched.
I purchased a radio and the cashier told me it could switch from 110v to 220v. After taking it home I realized the voltage could not be changed even though it indicated on the radio that it could. I returned the radio to the store to get it exchanged but the others all had the same issue. I agreed with the store that instead of a refund,I would accept the radio at a reduced price, and the difference in price was returned to me. Should I have any further problems with the radio, can I take it back and get a refund?
Unfortunately, you cannot return the radio for a refund because the redressal of the sale has been completed. Once a good has a manufacturer's defect, there could be numerous issues relating to it. You should have taken this under consideration and made arrangements to redress any future issues before finalizing the agreement with the store. You had the right of choice during the redress process to ask for a refund but you chose the alternative arrangement.
I purchased glasses on hire purchase. After wearing it for one month, the frame began to strip. I returned the glasses and requested to have the frame exchanged but the store said this cannot be done because it was not a cash purchase. What should I do?
In hire purchase arrangements, consumer rights under the Sale of Goods Act remain intact. Goods should be of satisfactory quality. They should not fall apart soon after purchase. Once the good has a manufacturer's defect or fault, the consumer should be given redress. We recommend you can make a complaint with the division so we can seek redress on your behalf.
I purchased clothes from a store using my credit card. When I took the clothes home my wife complained they were overpriced so I immediately returned them and asked for my card to be refunded. The store's supervisor said they would not process a refund, but I could take other items for that amount or receive a store credit which I declined. Why can't they refund my card since that is how I paid? Isn't this a way for the store to make money and frustrate consumers?
The redress process can sometimes be frustrating both for consumers and traders. In this case, the trader is not obligated to grant a refund since the clothes have no faults or defects. The trader has offered the consumer other redress options however, the choice is for the consumer to accept or reject. Should the consumer reject the alternative options, the trader ought to reject the clothes.
I engaged a seamstress to make 5 cushions. The seamstress said for the design I wanted, the work would cost $300. A 50% deposit was required and I deposited $150. Three weeks later when I went to collect the cushions as agreed, the seamstress said I would have to pay $100 more because making that design was more tedious than she thought. I explained to the seamstress that we have already agreed to a price, but she insists I would have to pay $100 more because she had to do more work than expected. What should I do?
I purchased a refrigerator in March and within two months the temperature began to drop and let out hot air. I went back to the store and a technician was sent to collect the refrigerator. He did fix the refrigerator but the problem reoccurred two weeks Water. The technician again fixed the refrigerator a third time but the problem reoccurred. I have asked the store to exchange the refrigerator but the owner says they just need to get the right part. Do I have to keep the refrigerator?
No; you do not have to keep the refrigerator. A fatr period of time and opportunities have been afforded to the trader to repair the refrigerator. You can now seek another form of redress (exchange, store credit, or refund). You should not have to make any further payment unless the replacement refrigerator has a greater cost whereby you will be required to pay the difference in cast.
A lady brought her father to my elderly care home for 4 days. She paid a deposit of $275 and had a balance of $185. After 4 days, her father stayed an additional 8 days before he was admitted to the hospital for Covid-19. The lady is refusing to pay the balance, and for the additional days because her father contracted the virus even though she doesn't know where he contracted it. Isn't she responsible for paying for the service her father received?
It is unfortunate that the elderly man contracted Covid-19. However, unless his daughter is able to prove that the home did not use due care in conducting its services, thus causing her father to contract the virus, she is responsible for paying for the services he received.
I purchased a relaxer from a supermarket on Saturday. When I used it on Sunday, it didn't relax my hair so I took it back on Tuesday. The owner of the supermarket refused to exchange the product or give me a refund even after I showed him that the expiration date on the jar had passed. Can I make a complaint with your office?
Yes; you can make a complaint with our office. You would need to present the jar with the remaining relaxer to verify the expiration date. By law, expired goods should be removed from the shelf after the expiration date has passed since the quality of the good cannot be guaranteed after this date. Once a complaint is made, we will conduct our investigations. If the good is expired will seek redress on your behalf. Checks will also be conducted to ensure there are no more expired relaxers or other goods at the supermarket.
I entered an arrangement with the seller of a vehicle who agreed he would pay to have some work done on the vehicle after I purchased it. However, the seller did not keep his word so I took the vehicle to a mechanic and paid to fix it. [ have since contacted the seller and informed him the cost to fix the vehicle was much more than the $2,000 he said he would pay for repairs. In fact, I paid $3,875.50. He told me he is not paying me any money because that is not what we agreed to. What should I do?
Based on the information provided, it appears you may have broken your arrangement with the seller. It is unclear, the period of time agreed upon for the repairs to be carried out, the specific repairs to be carried out and how the $2,000 was to be utilized (parts and/or labour). In such undertakings, it is best to have a contract which outlines the responsibilities of the seller and the buyer, and the time in which repairs should be done. It should also state the cost of the vehicle, and give adequate details of any other payments or payment arrangements. In this case, you may be able to negotiate with the seller for the $2,000 agreed upon but you may have to bear the cost of the $1,875.50.
I placed an order for a screen and a rose-gold back for my iPhone. About two weeks later I went back to the store and told the guy I wanted a black screen. He said he had already placed the order for my things but he would see what he could do. Now that I have received my order my phone has a white screen with a rose-gold back and I do not like to see it. I told him my request is for a black screen and he said that would be another order. Can I get my money back to order from someone else?
An order may be placed with another service provider for your desired screen. However, you are not entitled to a refund as the service provider did not order an incorrect item or is the item defective. The consumer has the responsibility to be certain of the features she/he requires and inform the service provider of these at the time of placing the order or within a reasonable time thereafter.
I hired a local joiner to build a chair set. A year after I received the chair set I realized they are infested with termites. I went back to the joiner to complain about what had happened and he was verbally abusive towards me so I went to the police station. The police told me to contact your office for assistance. What is my next step?
Your next step is to make a complaint with the division so we can investigate the matter regarding the chair set. The length of time the chair set has been in your possession, the environment in which it is kept and the type of wood used to manufacture the item are some of the factors we would have to consider. Upon conclusion of our investigations, we would then establish if you are entitled to redress.
While in my store a consumer knocked over a candle with her very large handbag and the candle broke. I told the consumer she would have to pay for the candle and she became very angry. She stormed out of my store saying she was going to Consumer Affairs since she never touched the candIe. Shouldn't she pay for the broken candle?
If a consumer damages an item, the store can ask the consumer to pay for the damaged item if the consumer:
- was careless or didn't take reasonable care
- was not supervising his/her children and they damaged something
- the store didn't contribute to the damage.
I hired a boat for a graduation party. When we got to the dock the boat was not there and the boat that showed up was not the boat we agreed upon. After a discussion with the boat captain and owner about the size and the number of persons the boat can carry, we got into a confrontation and the captain left without taking us out for the party. After a couple of days, I called the captain to get a refund since we didn't use the boat. He said no because the money is non-refundable. When I questioned why no refund since we didn't take us out, he refused to communicate with me saying I was not the person he entered the business arrangement with. What should I do since I gave the person (my friend) the money to make the arrangements on my behalf?
The individual who represented you and made the business arrangement with the boat captain should be the one to request a refund. Based on the terms and conditions of the arrangement, you may be able to obtain a refund or negotiate another form of redress. Should they be unable to reach an amicable outcome, ask your friend to make a complaint with the Division, so we can assist further.
I operate a small machine repair shop. Many times, consumers bring items to be repaired and they do not return to collect them until months and in some instances years afterwards. Can I put a policy in place that has 90 days for items to be collected or they will be sold since they are taking up much of the space in my shop?
Yes; you can put such a policy in place. This new policy would only affect items brought in for repairs after the policy goes into effect. Ensure the policy is explained to consumers or better yet presented in writing so consumers can agree and sign it.
After depositing $2,500 on a venue for our wedding, my fiancé decided on another venue. I went back to the venue and requested our money back since we no longer desire to have our wedding reception there. Although our wedding is not until June, the lady is being very difficult and is refusing to give us back our money. We have already paid the deposit at the second venue and we need the money back from the first venue to complete the payment at the second one. Can you help us?
Generally, a deposit is non-refundable. Consumers should be sure they want the product or service before making a deposit. If you change your mind, you are not, by law, entitled to get your money back. Be sure to ask what the conditions are before you put down a deposit, and only put down the minimum amount required. This is indeed an unfortunate situation but you may want to negotiate with the service provider to get a portion of the money back as opposed to a full refund.
I purchased a suitcase from a store in town and when I took it home, I had difficulties opening it since it uses a password. The following day I took it back to the store and explained the issue I was having with the suitcase. After several attempts, the lady in the store was able to put in a password and opened it. Since she experienced difficulties opening the suitcase, I asked for the instructions explaining how to use the suitcase since I didn't get any instructions the previous day. She told me there were no instructions. I then told her since there are no instructions and no other suitcases without passwords, I want my money back and has refused saying nothing is wrong with the suitcase. Can you please assist me?
Traders/merchants should not assume consumers know what to do with a product or in this case the steps required to key in the password. If a consumer is unsure of how to use a product, the consumer should be able to consult the instruction leaflet or manual supplied with the product or seek advice from the retailer or manufacturer. Since the store also experienced difficulties opening the suitcase, is unable to exchange it for another suitcase without a password and there are no usage instructions, we agree with your request for a refund. We recommend you make a complaint with the Division so we can seek redress on your behalf.
I am purcased a set of Tools at a hardware store in town. Upon arriving home and opening the box, I realise some of the tools stated in the discription on the box were not inside the box. I returned the box were not inside the box. I returned the box and tools to the hardware store and was told by one of the workers that "apparently" the tools were removed and I would have to purchase the other tools separately. This is unfair since the box states I would get all the tools. Why should i pay extra for them?
According to the Sales of Goods Act 1990, goods must be as described on the package or the display sign by the seller. Therefore, you should not pay separately for the other tools since they were stated as being a part of the set of tools within the box. The set of tools makes up the package and is a single-sale item. You should not pay separately for any of the tools. We strongly recommend you make and complaint with the Division so we can represent you.
In December I made a deposit of $8000 on a used vehicle. I have since found a similar vehicle for a lesser value and have decided to purchase that one instead. I spoke to the man I gave the deposit and he said he would see what he could arrange regarding my deposit. After waiting for two weeks for his response, he says he is not giving me any money back because we had a deal and he is sticking to it. How can I get my money back?
Generally, deposits are non-refundable. Whether it's a deposit on a used vehicle or new auto parts, be sure you want the item before making the deposit. If you change your mind, you are not, by law, entitled to get your money back. Be sure to ask what the terms and conditions are before you put down a deposit, and only put down the minimum amount required.
A customer came to our business place to purchase an auto part. When we told him the price of the part in keeping with the details he provided, he said he wanted a cheaper part. We explained to him that the cheaper part would not work, but he insisted that the cheaper one is what he is going to buy. The following day, the customer returned the part and asked to have it exchanged for the more expensive part because it could not work. We told him we would exchange the part, but he would have to pay the difference in cost. He argued that since he is only making an exchange it would be unfair for him to any more money. Is it unfair for him to pay the difference?
No; it is not unfair. The Sale of Goods Act 1990, which governs the redress process, indicates that compensation must be fair. To exchange an item of a lesser value for one of a higher value cannot be fair. It must also be noted that the costs of both parts were discussed with the consumer before he made the purchase. The store can offer to exchange the part on the basis of the consumer paying the difference in cost or the consumer can make a new purchase.
Over the Christmas season, I wanted to purchase a set of containers in a supermarket. The price on the shelf read $19.65 but while checking out, the containers checked for $28.60. I told the cashier that he may have entered an incorrect price, since the price on the shelf states $19.65. He told me the containers were $28.60 and if I wanted them that is what I would have to pay. I didn't think that was fair so I left them but doesn't the supermarket have to sell the item at the lower price?
No; the supermarket (trader) is not obligated to sell the item at the lower price. Under the current consumer laws, the trader is not required to honour the display price if that price is incorrect. Typographical errors, miscommunication and other glitches can result in items being displayed with the incorrect price.
Laws against misrepresentation require an intent to deceive on the part of the trader. If a trader can prove that a displayed price was simply a mistake, then it's not misrepresentation. Still, if the mistake isn't too big, it may be in the trader's best interest to honour the display price rather than anger the consumer. Contrarily, a consumer has the right to advocate on his/her behalf. There have been many instances in which consumers have successfully win over the trader and paid the lower price.