"Sale" price

U

UpTheBanner

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Hi All,

I recently purchased an item of clothing for 70 euro on Christmas Eve. I like it so much that I bought another one in the same shop during the post Christmas "sale". However I noticed that the "sale" price was also 70 euro "reduced" from 100 euro !!!

Is this false or misleading advertising?

Surely the practice of upping the price and then offering a 30% reduction in a "sale" is misleading?

Does anybody know if the Office of Consumer Affairs deal with these matters?
 
I'm pretty sure there used to be very tight regulation around this, whereby the product had to have been on sale at the original price for 30 out of the preceeding 90 days. I can't find any mention of this on the [broken link removed] website. Contact them directly for more information.
 
Is [broken link removed] of any use?
The Sales:


The consumer has the same rights when buying goods in the sales as at any other time. Goods bought in a sale must be 'fit for their purpose' and be 'as durable as can be expected' taking into consideration the price paid and any other relevant matters. For example, in a sale, goods marked: 'shop soiled', 'special purchase' or 'seconds' must nevertheless give reasonable value for money. The consumer has a right to redress if they are not of merchantable quality. However, shop soiled goods or 'seconds' cannot be expected to represent the same value for money as goods bought new and free from defects.


Previous Price:


It is against the law for a trader to give a false or misleading indication of a pervious price. Where one price is crossed out and another put in (as in the 'sales') the previous price must be accurate. In the absence of any indication to the indication to the contrary, the goods in question must have been on sale in the same place at that previous price for at least 28 successive days in the previous three months.


It is also wrong to quote an inaccurate recommended or list price.
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Apparently some places started their sales before Christmas?
Also I've heard of people buying goods a couple of days before a sale starts & still being offered the sale price.

Off to the pub now, happy new year!
 
I was in DID(Lucan) recently and they had the word "Sale" all over everything but they didn't display the original pre-sale price. I found this very frustrating. I complained but they guy in the shop wasn't particulary interested.
 
DonKing said:
I was in DID(Lucan) recently and they had the word "Sale" all over everything but they didn't display the original pre-sale price. I found this very frustrating. I complained but they guy in the shop wasn't particulary interested.
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Why not complain to the [broken link removed] and/or [broken link removed]?
 
DonKing said:
I was in DID(Lucan) recently and they had the word "Sale" all over everything but they didn't display the original pre-sale price. I found this very frustrating. I complained but they guy in the shop wasn't particulary interested.
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Was in DID Finglas last night. Same thing applied.

On a different note, they also have things labelled as "Last One" with no apparent reduction. (Fair enough.) My problem was in seeing the exact same fridge facing one marked "Last One"!!!!
 
sun_sparks said:
On a different note, they also have things labelled as "Last One" with no apparent reduction. (Fair enough.) My problem was in seeing the exact same fridge facing one marked "Last One"!!!!
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I'd imagine that there are no restrictions on retailers putting signs like that up although I'm open to correction.
 
What about when Donaldson & Little in Dun Laoghaire have a sign up for the last few months saying "CLOSING DOWN SALE. EVERYTHING REDUCED!!!" Then, after Christmas, they have a sign saying something like "Everything reduced" but the closing down sale part removed. Are they not misleading customers with the first signs - my husband says they are forever closing down and always open!
 
I've seen some items marked "Sold As Seen"
What exactly does that mean? Does it restrict one's statutory rights?
 
While such signs may be misleading I don't think that there are any statutory rules against them so it's up to the customer to use their discretion when choosing to make a purchase or not. I don't think that any sign can abrogate or mitigate a consumer's statutory rights. I presume sold as seen would be used on ex display or damaged stock etc.
 
Hi Ash

I suspect "Sold as Seen" means that your attention is being drawn to perhaps a flaw in the goods or the fact that it may be shop soiled.

Your rights are restricted to the extent that if you buy the good you know that the flaw exists and so you have no right to a refund if you decide to return it because of the flaw. However, the good must still satisfy the Sale of Goods' Act. It must be merchantable and fit for the purpose for which intended.

[edit: post crossed with ClubMan's]

Marion
 
Marion said:
Hi Ash

I suspect "Sold as Seen" means that your attention is being drawn to perhaps a flaw in the goods or the fact that it may be shop soiled.

Your rights are restricted to the extent that if you buy the good - you know that the flaw exists and so you have no right to a refund if you decide to return it because of the flaw. However, the good must still satisfy the Sale of Goods' Act. It must be merchantable and fit for the purpose for which intended.

Marion
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Marion is correct. There was a lady from the Consumer Rights Association on the last word yesterday evening and she stated that all goods sold must satisfy the sale of goods act. However, if you purchsae something that you know is faulty, i.e. "sold as seen" then you have no statutory comeback and rely on the shops own returns policy.

C
 
I went out today to buy a fan assisted oven to a shop that was advertising a sale. The oven which was featured in the advert was "sold out" but he could do me a deal on another one! Nothing in the shop was priced so how do I know I am getting the sale price. This second oven was 100 euro dearer than the original "sale" one.

I went to another electrical shop and the same thing nothing priced. He could do a deal as well. Needless to say I was confused and came home without making a purchase. But I need the oven so I will have to go back and make a decision. Should all goods display a price?
 
Also note [broken link removed] from the ODCA relating in particular to the sale of electrical goods.

"The price seen should be the price paid" The waste charge should not be added on at the till.

Marion
 
Marion said:
"The price seen should be the price paid" The waste charge should not be added on at the till.
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Strictly this would seem to make haggling for a lower price illegal even though I presume that's not the intention!
 
Who is responsible for paying the twenty Euro waste charge? is it the consumer? in the shops that do display a price the amount for waste is displayed as a separate charge.

I looked today at the Lidl site and that is how they show it. It is all very confusing because around where I live some things are not priced. With the fan oven that I need to buy I am being told about this extra charge and it is being added on to the price. The shopkeeper blames the government.
 
Where retailers display the charge they normally state that the charge is included in the shelf/display price of the goods. So the consumer pays it and the retailer remits it to the relevant authorities. I don't see where the confusion lies to be honest.
 
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