What to do?!!!

summer_ina_bowl

An elderly woman I work with recently bought a pair of hold-in knickers from a bridal shop in mitchellstown, thing is, the knickers are actually from Dunnes and the shop have crudely cut out the patch of material that bares the Dunnes stamp - stupidly though they left on the product code allowing for complete identification of the product. The woman was charged 30 euro - and told that the briefs usually cost 50, but that she was recieving a discount. In Dunnes they cost 9 euro. She didn't notice the piece of material cut out until she got home. I rang the shop, the owner was extremely rude and said that she can't control who Dunnes buy from but that she had her own supplier that was not Dunnes, and that they cut that material out of all the briefs they sell so that they know what to re-order. I told her that was ridiculous as it's actually damaging the garment and she said it was the first time anyone had ever complained. She was incredibly unhelpful and made no offer of a refund OR a replacement product. It was a cash sale with no receipt issued.

Surely Dunnes wouldn't be best pleased about this? Is it even legal? I'm not sure what to do, but am extremely annoyed that this woman is ripping people off?

Dublin_Gunner

Caveat Emptor springs to mind.

Not sure if anything she is doing is actually illegal (though it is blatant profiteering), and not sure of the illegality of commercially reselling a garment already purchased in Dunnes.

Though it woul dbe in contraventionof the Sale of Goods Supply of Services act if indeed the garment is a €9 Dunnes garment, not a €50 designer item.

Also, the fact that it is intentionally damaged, entitles the consumer to a refund.

I would contact Dunnes about the issue anyway - they should easily be able to tell if the product is there own, or from a supplier that supplies many stores - afaik a lot of Dunnes suppliers only supply Dunnes. And proving this would help to prove that it is definitely in contravention of the Law, by proving the item is NOT what is has been sold as.

There are a number of agency's you can contact in relation to this.

http://www.citizensinformation.ie/categories/consumer-affairs/consumer-protection/consumer-rights/consumer_protection_organisations

Run_to_da_hills

Tell the old woman to bring a couple of fake €50 notes into the shop the next time and ask for several more pairs.

They would hardly suspect an old dear for fraud.

smelltheglove

I'd say the best port of call is to get in touch with Dunnes, they will have their own legal team and if they see fit to pursue the matter they will. Also a call to the citizens information might help and I'd say naming and shaming if possible. Its disgracefil behaviour really. I've seen similar but not in a bricks and mortar store. Also the tax man may like to know about the sales without receipts. No way to run a business.

wmpdd3

If the knickers were bought and paid for in Dunnes by the retailer, then that's where Dunne's involvement ends.

OP, you brought Dunnes into it, not the bridal shop. No doubt it's a complete scam if true, but it has nothing to do with Dunnes.

You could prove your case by asking a till operator in Dunnes to enter the 6 digit item code into the till to prove the item description is the same as the garment being sold. This would just give you facts for a formal letter you could write on behalf of the customer asking for a refund.

The fact the pants are damaged doesn't bring the 'sale of goods and services act' in to play as the damage was done before sale and the retailer could argue that the customer had amply opportunity to inspect the goods before sale.

I can't see a legal issue what the retailer is doing, there is nothing stopping me buying Dunnes products and replacing the tags with 'House of Wmpdd3' and selling them on at a profit.

JDxtra

They could also be spoils that the manufacturer released onto the market after Dunnes refused them.

wmpdd3

Cabbage stock would always be de-branded.

smelltheglove

I do believe Dunnes may be interested in this, I base my belief on the fact that in my fathers business he supplied products to a major retailer with their brand name on it. There was a huge uproar when another of his clients got the product in error. It was a long time ago but my dad had huge issues with the retailer over a small mix up on his day off. Seems one of the managers from their store had just happened to drop into the other store for something and noticed it so I do think the op should contact Dunnes and let them know.

EKRIUQ

What did the shop do wrong?

An elderly woman I work with recently bought a pair of hold-in knickers from a bridal shop in mitchellstown

She was happy at her purchase, its only when she finds out she could of bought them cheaper that shes unhappy. Why didn't she buy them in Dunnes in the first place?

Its a case of shop buys item and sell them at a profit. The shop didn't force anyone to buy them, I can't see any consumer law broke here.

pleasant Co.

EKRIUQ wrote: »

What did the shop do wrong?



She was happy at her purchase, its only when she finds out she could of bought them cheaper that shes unhappy. Why didn't she buy them in Dunnes in the first place?

Its a case of shop buys item and sell them at a profit. The shop didn't force anyone to buy them, I can't see any consumer law broke here.

Don't forget the part where the label was cut out of the product, and no receipt was given...the shop did wrong there, I'd also be suspicious that the item ever cost 50euro.

dudara

Shops are legally bound to provide receipts.

Dublin_Gunner

EKRIUQ wrote: »

What did the shop do wrong?



She was happy at her purchase, its only when she finds out she could of bought them cheaper that shes unhappy. Why didn't she buy them in Dunnes in the first place?

Its a case of shop buys item and sell them at a profit. The shop didn't force anyone to buy them, I can't see any consumer law broke here.

Shop bought / obtained a Dunnes item worth €9, and sold it for €50 (providing a €20 discount). This is blatant profiteering. And also contravenes the SoGSoS act by selling something that is not what it is described.

Secondly, they knowingly sold damaged goods as new. Thirdly, they did not provide a receipt.

antoinolachtnai

Did this label also carry the details about the type of fabric in the garment?

Was the garment sold without these details?

A label containing details of the type of fabric is compulsory and must not be removed before sale. Such labels cannot be used as a stock control device.

http://europa.eu/legislation_summaries/consumers/product_labelling_and_packaging/mi0023_en.htm

(I had a quick look and cannot find the statutory instrument bringing these regulations into force in ireland. You would need to speak to the NCA or Department of Enterprise and Employment to clarify exactly which textile labelling regulations are currently in force.)

There is certainly scope for a complaint on these grounds. You could ask the retailer for the label that was originally attached, and when they refuse, and ask for a refund, replacement or repair because the item was not properly labelled in accordance with regulations. When they refuse, you would have the satisfaction of making a complaint to the NCA and the Department of Enterprise and Employment. You would also have the possibility of using the small claims procedure to make a claim.

Unfortunately there is no law against blatant profiteering and it is unlikely to be a breach of the sale of goods act not to mention that something came from Dunnes.