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Is raising prices before a sale legal?

  • 22-09-2008 5:19pm
    #1
    Registered Users, Registered Users 2 Posts: 4,225 ✭✭✭


    2 weeks ago i was in a shop and priced 2 items at €399 and €119 each. Wanted to shop around a bit and wasnt in a big rush so didnt buy them there and then but took a photo to remind myself. Went back into the shop at the weekend to find sale prices on the items saying 15% off. Was well happy until i noticed that the sign said the items were €425 and €129 before the sale. So while cheaper than what i say them for they werent 15% from just 2 weeks ago. Is there not some consumer law that says ye cant put up prices before a sale price can be advertised or is it limited to a week or so?


Comments

  • Registered Users, Registered Users 2 Posts: 167 ✭✭marknoonan1974


    Yes, I believe this is illegal. You should report it to the consumer association.


  • Registered Users, Registered Users 2 Posts: 28,696 ✭✭✭✭drunkmonkey


    I'm not sure...

    It would be very hard to enforce or prove if it was, as far as I know it's up the retailer they can do what with they want with prices..., there's nothing to say the price didin't go up and down again between the times you visited.....

    Always be wary of a sale sticker, and always check the best before date....


  • Registered Users, Registered Users 2 Posts: 28,696 ✭✭✭✭drunkmonkey


    Yes, I believe this is illegal. You should report it to the consumer association.

    Where did you find that information?


  • Registered Users, Registered Users 2 Posts: 167 ✭✭marknoonan1974


    Where did you find that information?

    Just from memory, newstalk do a consumer slot, i think its on wednesday night at 10:30 pm, pretty sure I heard it there, or on another radio station. Just call the consumer people and ask anyway, they will tell you.


  • Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor


    One of the consumer acts from the 1970s says that goods marked on "Sale" need to have been at the pre-sale price for a certain minimum period.


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  • Registered Users, Registered Users 2 Posts: 167 ✭✭marknoonan1974


    I'm not sure...

    It would be very hard to enforce or prove if it was, as far as I know it's up the retailer they can do what with they want with prices..., there's nothing to say the price didin't go up and down again between the times you visited.....

    Always be wary of a sale sticker, and always check the best before date....

    he has a pic of it, from what I know, anything advertised as a sale/ special offer has to be a genuine special offer?


  • Registered Users, Registered Users 2 Posts: 28,696 ✭✭✭✭drunkmonkey


    I don't see how it could be illegal, as a retailer you can raise your prices when you like, the retailer could also be referring to the RRP of the product and knocking 15% off that....The product could already have been reduced by 5% when OP saw it.....so the retailer is just slashing another 10% off......15% in total...

    Just to keep things balanced Mark, i'll say NO it's not Illegal....bet 50 cent on it...:p


  • Registered Users, Registered Users 2 Posts: 28,696 ✭✭✭✭drunkmonkey


    Victor wrote: »
    One of the concumer acts from the 1970s says that goods marked on "Sale" need to have been at the pre-sale price for a certain minimum period.

    Any links, this must never be enforced, I know a few shops with a sale on 365 days a year...


  • Moderators, Entertainment Moderators Posts: 18,004 Mod ✭✭✭✭ixoy


    I seem to recall from school that the Sales of Good and Services Act 1978 stated that an item on sale must have been on sale at a higher price for at least 28 days previously. Admittedly that was 15 years ago but it stuck out in my mind..


  • Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor


    http://www.consumerconnect.ie/eng/Hot_Topics/Tip_Of_The_Week/Tips_Archive/Consumer_rights_in_the_winter_sales.html
    Are the prices really reduced?

    If the shop says the products have a reduced price in the sale, they should have had these products on offer at the advertised original price for at least 28 days before the price was reduced.

    For example, a shop is not allowed to have a sign or label on a product saying "reduced by 20 per cent" if this is the first time that it is selling this particular product.

    Some shops have ongoing sales on a nearly constant basis by having only certain stock on sale.


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  • Registered Users, Registered Users 2 Posts: 4,225 ✭✭✭Scruff


    hmm...is it still a bit of a hazy issue when the new "on sale" price is less than the price i saw it at anyway or is the false advertising on their behalf something i should call them on seeing as i have photograpghic evidence?
    Problem is the missus and i had decided before we went back to the shop that we wanted to buy them. We were going back again to get messurements before we bought them though i'm a bit reluctant now. That said it is a saving over the original price and the measurements are fine so the boss might over rule me saying i'm nit picking :o


  • Registered Users, Registered Users 2 Posts: 5,566 ✭✭✭Gillo


    ixoy wrote: »
    I seem to recall from school that the Sales of Good and Services Act 1978 stated that an item on sale must have been on sale at a higher price for at least 28 days previously. Admittedly that was 15 years ago but it stuck out in my mind..

    I thought it was two week period within the last three months, twenty eight days sounds fairer. I've heard of particular electrical stores, leaving a TV in an obscure corner of one of their branches at a higher price for a few weeks before reducing with massive advertisements in the paper and flooding their stores with them, again not very fair but within the law.


  • Registered Users, Registered Users 2 Posts: 167 ✭✭marknoonan1974


    I don't see how it could be illegal, as a retailer you can raise your prices when you like, the retailer could also be referring to the RRP of the product and knocking 15% off that....The product could already have been reduced by 5% when OP saw it.....so the retailer is just slashing another 10% off......15% in total...

    Just to keep things balanced Mark, i'll say NO it's not Illegal....bet 50 cent on it...:p


    lol, sure. I have noticed in supermarkets that they say certain wine is reduced when actually it is not, so i aint sure of the law, but i will bet 50 cents..


  • Registered Users, Registered Users 2 Posts: 1,266 ✭✭✭MysticalSoul


    From my memories of Leaving Cert Bus Org, items have to be for sale at the higher price for a minimum of 30 days before the lower price, so would imagine that this may come into play here.


  • Closed Accounts Posts: 3,212 ✭✭✭Jaysoose


    I was in a clothes shop in blanchardstown shopping centre last week and picked up a pair of jeans in a sale priced at 60 euro, the shop tag said 50% off so the retail price on the Shop tag was 120.

    Went in to try them on and noticed there was a tag on the inside that has RRP 90 Euro!!! so basically they stuck the price up by a third before putting them on sale. I brought them back to the dude behind the counter who argued with me that 60 is their price!! told him to stick his jeans and would be telling everybody i know what they were up to. He actually tried to justify this scam.


  • Subscribers Posts: 19,425 ✭✭✭✭Oryx


    From my memories of Leaving Cert Bus Org, items have to be for sale at the higher price for a minimum of 30 days before the lower price, so would imagine that this may come into play here.
    Yet another hazy memory here, but if its a chain of stores, I think if they have an item at the higher listed price in just one of their stores for the time prior to the 'sale', legally they are covered.


  • Registered Users, Registered Users 2 Posts: 4,225 ✭✭✭Scruff


    Well the missus went back and challenged them on it before buying and they tried to justify it too and fudge her on it. She didnt get a good vibe at all in general off the sales people so even though we liked the items she walked away and we'll look again some where else. Dead proud of her, thought she wouldnt say anything! All in all with a few other items we were looking at, that shop has lost out on over a €1000 worth of buisness from us.


  • Registered Users, Registered Users 2 Posts: 167 ✭✭marknoonan1974


    Scruff wrote: »
    Well the missus went back and challenged them on it before buying and they tried to justify it too and fudge her on it. She didnt get a good vibe at all in general off the sales people so even though we liked the items she walked away and we'll look again some where else. Dead proud of her, thought she wouldnt say anything! All in all with a few other items we were looking at, that shop has lost out on over a €1000 worth of buisness from us.
    whats the name of the retailer?


  • Registered Users, Registered Users 2 Posts: 4,225 ✭✭✭Scruff


    Sorry for dragging this post up but i'm actually totally flabbergasted and what this same retailer is pulling now. Since my last post we went elsewhere and found something nicer and while more expensive we were happier with it but on the bus home the other night i saw signs out side this same store saying they were having up to 70% off for a clearence sale. So i said i'd have a look in this evening and see how much was off the bed we were looking at, thinking that if there was indeed a good bit off it it would be nice for the spare room. Was in total shock to see they were flogging it now for €342...down from €598!! I thought they were pulling the piss the last time they claimed it was on sale but this just takes the biscuit. (see 1st post in thread if this seems like a bargain to you! )
    Though i only have 1 item in the store to go by it smells completely dodgy all round.


  • Closed Accounts Posts: 18,056 ✭✭✭✭BostonB


    This is very common. I think the rule is they have to X number of items reduced for x number of days in the year. So it impossible to check that. they should really change the law that they can't advertise a sale unless its more than 15% off and the discount has to be off a price it had in for the last 30days continuously.

    Or something like that. At the moment, the word sale is meaningless. In fact is most like to be more expensive than it usually is!

    Or just shop up the north till they cop on.


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  • Closed Accounts Posts: 20,373 ✭✭✭✭foggy_lad


    before an item can be called a sale item or reduced price item it must have been on sale in the same establishment at the higher price for a reasonable time usually taken to be one month/28 days
    http://www.consumerconnect.ie/eng/Hot_Topics/Guides-to-Consumer-Law/Prices/Previous_prices.html


  • Banned (with Prison Access) Posts: 16,659 ✭✭✭✭dahamsta


    The link and info has already been posted by Victor and other. Read the thread before posting.

    Time to Name and Shame OP.

    adam


  • Registered Users, Registered Users 2 Posts: 4,225 ✭✭✭Scruff


    Does naming and shaming have and legal implications? would have to start an *** like legal war!


  • Registered Users, Registered Users 2 Posts: 5,934 ✭✭✭daheff


    Scruff wrote: »
    Sorry for dragging this post up but i'm actually totally flabbergasted and what this same retailer is pulling now. Since my last post we went elsewhere and found something nicer and while more expensive we were happier with it but on the bus home the other night i saw signs out side this same store saying they were having up to 70% off for a clearence sale. So i said i'd have a look in this evening and see how much was off the bed we were looking at, thinking that if there was indeed a good bit off it it would be nice for the spare room. Was in total shock to see they were flogging it now for €342...down from €598!! I thought they were pulling the piss the last time they claimed it was on sale but this just takes the biscuit. (see 1st post in thread if this seems like a bargain to you! )
    Though i only have 1 item in the store to go by it smells completely dodgy all round.


    can i ask what the item that you were looking to buy is?


    saying that it is down from 598 is possible..they may have upped the price since you first looked at it..and now (legitimately, but not morally) have it on sale. I've noticed a number of retailers are trying these tactics!


  • Closed Accounts Posts: 245 ✭✭cherubaul


    Jaysoose wrote: »
    I was in a clothes shop in blanchardstown shopping centre last week and picked up a pair of jeans in a sale priced at 60 euro, the shop tag said 50% off so the retail price on the Shop tag was 120.

    Went in to try them on and noticed there was a tag on the inside that has RRP 90 Euro!!! so basically they stuck the price up by a third before putting them on sale. I brought them back to the dude behind the counter who argued with me that 60 is their price!! told him to stick his jeans and would be telling everybody i know what they were up to. He actually tried to justify this scam.

    The reason he tried to justify "this scam" is because he has no say over it and he can hardly bad mouth his employers while on their premesis now can he? seeing as how this is Blanch i'm assuming that the shop is part of a chain thus the people working in there are employees who have very little administrative power and even less knowledge of the companies plans or marketing plans. It was not his fault that the company has previously sold jeans above the RRP. The employee probably wasn't aware of this fact until you brought it to his attention as he's a sales assistant not a watch dog. If indeed you told him to stick his jeans you were well out of order he simply stated that 60 euro was the price non-negotiable as is right its not his descision. if you have a complaint to make about a retail establishments business practice do it to those in authority and leave the floor staff alone as they get quite enough hastle from people moaning and complaining and demanding on a daily basis.


  • Registered Users, Registered Users 2 Posts: 366 ✭✭Zeppi


    foggy_lad wrote: »
    before an item can be called a sale item or reduced price item it must have been on sale in the same establishment at the higher price for a reasonable time usually taken to be one month/28 days
    http://www.consumerconnect.ie/eng/Hot_Topics/Guides-to-Consumer-Law/Prices/Previous_prices.html

    Correct, as an ex retail manager the law is very straight forward. The goods needs to be reverted to their full retail price for 28 days and after they can go down on sale price. Where I used to work all the tickets used to have the dates when the price was in full.

    I'm not going in the argument of legal or not legal, in the situation that we are in the best thing is to shop around.


  • Closed Accounts Posts: 3,212 ✭✭✭Jaysoose


    cherubaul wrote: »
    The reason he tried to justify "this scam" is because he has no say over it and he can hardly bad mouth his employers while on their premesis now can he? seeing as how this is Blanch i'm assuming that the shop is part of a chain thus the people working in there are employees who have very little administrative power and even less knowledge of the companies plans or marketing plans. It was not his fault that the company has previously sold jeans above the RRP. The employee probably wasn't aware of this fact until you brought it to his attention as he's a sales assistant not a watch dog. If indeed you told him to stick his jeans you were well out of order he simply stated that 60 euro was the price non-negotiable as is right its not his descision. if you have a complaint to make about a retail establishments business practice do it to those in authority and leave the floor staff alone as they get quite enough hastle from people moaning and complaining and demanding on a daily basis.

    Which shop do you work in?


  • Closed Accounts Posts: 245 ✭✭cherubaul


    Jaysoose wrote: »
    Which shop do you work in?

    sorry mate your well off ;) besides never give personal information over teh internets.
    just by the way I know what i said could be seen as inflammatory given i am assuming a number of things about your character and the way you spoke to the staff member. so i apologise if this offended you.
    But it wasn't a go at you personally but rather the culture of blame the person standing there in front of you for a companies bad practice.
    As i said the schmucks in the shop are merely messengers who have a job to do according to company policies. they cant do anything about them but many people seem to take it very personally when things dont go there way and automatically have a go at the assistant.
    If they are being absolute gobdaws and not doing their job then yes by all means give them a piece of your mind but if its an issue with the company then take it up with the company not the individual.
    does this explain my stance better? Hope so.


  • Closed Accounts Posts: 3,212 ✭✭✭Jaysoose


    cherubaul wrote: »
    sorry mate your well off ;) besides never give personal information over teh internets.
    just by the way I know what i said could be seen as inflammatory given i am assuming a number of things about your character and the way you spoke to the staff member. so i apologise if this offended you.
    But it wasn't a go at you personally but rather the culture of blame the person standing there in front of you for a companies bad practice.
    As i said the schmucks in the shop are merely messengers who have a job to do according to company policies. they cant do anything about them but many people seem to take it very personally when things dont go there way and automatically have a go at the assistant.
    If they are being absolute gobdaws and not doing their job then yes by all means give them a piece of your mind but if its an issue with the company then take it up with the company not the individual.
    does this explain my stance better? Hope so.


    Still dont get your point, shop tries to blatantly misinform customer about the price and im meant to take it on the chin because the shop assistant "only works there".

    I actually spoke to the most senior person in the shop and got a "computer says no" answer. People tend to take things personally when somebody tries to rip them off although i didnt stand in the shop and scream at the guy but told him in no uncertain terms i was not happy and would be informing anybody i know that they are taking the piss.


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  • Closed Accounts Posts: 245 ✭✭cherubaul


    Jaysoose wrote: »
    Still dont get your point, shop tries to blatantly misinform customer about the price and im meant to take it on the chin because the shop assistant "only works there".

    no you dont take it on the chin you report it to where something can be done about it. That is the head office or the NCA. its the company not the shop thats missinforming you the shop is only the visible arm of the company thats what i'm trying to say. all descisions are made well away from the public eye and if you want a result thats where your voice will need to be heard.


  • Registered Users, Registered Users 2 Posts: 4,864 ✭✭✭MunsterCycling


    Shop assistant / Manager is the public face of the company and the proper place to make complaints to, if they are of a more serious nature then involve the NCA (who are toothless too btw).

    MC


  • Registered Users, Registered Users 2 Posts: 861 ✭✭✭Blue_Wolf


    If he has taken a photo and has the date embedded on the picture than wouldn't be too hard to prove

    I'm not sure...

    It would be very hard to enforce or prove if it was, as far as I know it's up the retailer they can do what with they want with prices..., there's nothing to say the price didin't go up and down again between the times you visited.....

    Always be wary of a sale sticker, and always check the best before date....


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