How to complain if you’ve been misled by a sale or special offer

1. Check the offer is genuine

The pricing practices of retailers must comply with the Consumer Protection from Unfair Trading Regulations, which ban misleading actions. 

The regulations also give you the right to redress. This can include:

• The right to undo a contract and receive a refund if claimed within 90 days of entering into the contract.
• The right to a percentage discount according to the seriousness of the misleading action.
• An entitlement to seek damages where an actual financial loss has been suffered owing to the misleading action or for the alarm, distress or physical inconvenience or discomfort that would not have been suffered had the prohibited practice not taken place. 

But in order for these rights to apply, you need to be able to show that a misleading action was a significant factor in encouraging you to make a purchase. 

Government guidance says that special offers shouldn’t be misleading, and any higher price mentioned should genuinely be the usual selling price prior to the offer.. 

The following practices fall foul of the Consumer Protection from Unfair Trading Regulations.

• Dodgy discounts: Products advertised as 'on offer' for longer than they were sold at their full price, or increasing in price when they’re on multi-buy offer.
• Bait advertising: Luring the consumer with attractive advertising around special prices when the trader knows that they cannot offer that product, or only has a few in stock at that price.
• Bait and switch: Promoting one product with the intention of selling you something else  
• Limited offers: Falsely stating that a product will only be available for a very limited time, or that it will only be available on particular terms for a very limited time, in order to elicit an immediate decision and deprive consumers of sufficient opportunity or time to make an informed choice.
• False free offers: Describing a product as free or without charge if the consumer has to pay anything other than the unavoidable cost of responding to the offer and collecting or paying for delivery of the item.
  
  

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2. Gather your evidence

What is considered misleading will depend on the circumstances.

In some cases, putting up a small sign that explains how the offer differs from these rules could be enough.

If you believe an offer has been misleading, it would be advisable to gather any evidence you can. 

Take date-marked photographs of the product before and during the offer, and keep your receipts.

3. Report it to the retailer

Let the retailer in question know your concerns and send it a copy of the evidence you've gathered. 

If the offer was accompanied by statements you feel were misleading, such as 'amazing value', then you may, depending on the circumstances, be able to argue that there has been a misrepresentation. 

You will need to show that the wording surrounding the offer was inaccurate and induced you into buying the product, therefore entering into the contract. 

You should also make it clear what remedy you are seeking; rescission of contract (to restore you back to the position you were in prior to entering into the contract); discount and/or damages.  

If the retailer refuses to accept this you may need to enforce your rights through the courts.  

4. Contact Trading Standards

Unfortunately, there isn’t an ombudsman you can go to if you have a complaint about a retailer.  

However, if you think a company could be breaching the Consumer Protection from Unfair Trading Regulations, you can contact your local trading standards department.

Bear in mind, though, that your local trading standards department's role is to address the issue with the retailer, not to get your money back.