Break it, buy it?

Jeniflan · 23-07-2017 9:00pm #1

Hi there

I was in a large gift shop in Killarney at the weekend when my 3 year old son accidentally knocked over a €10 novelty plastic beer mug and it broke.

I alerted a staff member and apologised profusely, and my son apologised too. As I went to leave (I had already bought items in the shop), the staff member said to my SIL, not me, that I really should pay half for it. My SIL called me back and I spoke to the shop assistant. She said it was 'common practice everywhere' and I really should but she 'wasn't going to push it', it was up to me. Vague.

So although I don't agree with this practice and I was unsure as to whether or not she actually expected me to pay, I went to the cash desk to give her the €5 for it. I did say however I thought it was unfair to ask to customers to pay for an accidental breakage, and that the quality of the item didn't look to be great seeing as it broke so easily (it really didn't fall far). She then said she'd be sending it back to the supplier. So I was like well if you get a refund for it why am I being charged? She then changed her tune and said she wouldn't be sending it back.

I then asked if there was any signage in the shop stating that if you break something you must pay half, and she opened a cupboard under the till, then got all flustered, gave me my money back and told me she didn't have time to argue with me.

Anyway- Although I didn't pay I'm a bit pissed and want to contact management to complain. She was SO unpleasant and it was pretty humiliating the way she spoke to me. As a result my two young children were really upset.

Just wondering where consumers stand in terms of accidental shop breakages if anyone knows? I had a look at the consumer rights website but couldn't find anything.

Thanks!

judeboy101 · 23-07-2017 9:04pm

I'd offer to pay outright, not just apologise.

bee06 · 23-07-2017 9:07pm

judeboy101 wrote: »

I'd offer to pay outright, not just apologise.

Same, I would have thought she was being generous by only asking for 50% of the price.

Jeniflan · 23-07-2017 9:09pm

Ok fair enough thanks, just wondering though if there is any official/legal stance on it....

laotg · 23-07-2017 9:10pm

Why shouldn't you pay? You are responsible for your son. If I was the shop owner I'd be demanding you pay the whole lot. Why should a shop lose money because someone broke an item of stock that they now can't sell.

Miaireland · 23-07-2017 9:10pm

I would have paid for it once he broke it. I am surprised you think it would be otherwise. That item cost the shop money, why should the shop lose out because of your child? Whatelse you bought does not matter. Remember the moto 'lovely to look at, lovely to hold, if it gets broken consider it sold'

nkav86 · 23-07-2017 9:11pm

judeboy101 wrote:

I'd offer to pay outright, not just apologise.

Agreed

mikemac2 · 23-07-2017 9:13pm

Lovely to touch
Lovely to hold
But if you break it
It's certainly sold

Some shops used to have these signs

More of a childhood memory than anything recent

Jeniflan · 23-07-2017 9:14pm

Just to be clear, this wasn't a small local shop- i would have behaved differently- this was a very large well known shop (I don't want to name it, but all would be familiar) and surely they would budget for accidental breakages / have insurance for such? And the lady I spoke to didn't own it.
Totally understand if you don't agree with my opinions on it, thanks for the responses

embraer170 · 23-07-2017 9:17pm

I would imagine a a decently sized retailer would be insured for accidental breakage.

bee06 · 23-07-2017 9:17pm

I don't think it should matter who owns the shop. What if the woman behind the counter gets in trouble now because she didn't get a payment for the broken item?

At the end of the day, everyone needs to take personal responsibility for their actions and in your case, responsibility for your children's actions.

qhe0i9zvfgdou8 · 23-07-2017 9:19pm

Jeniflan wrote:

Just to be clear, this wasn't a small local shop- i would have behaved differently

Can't see what difference that makes your child broke it you should pay for it. The full price in my opinion.

njs030 · 23-07-2017 9:22pm

Jeniflan wrote: »

Just to be clear, this wasn't a small local shop- i would have behaved differently- this was a very large well known shop (I don't want to name it, but all would be familiar) and surely they would budget for accidental breakages / have insurance for such? And the lady I spoke to didn't own it.
Totally understand if you don't agree with my opinions on it, thanks for the responses

Why does it matter if it's a local shop or a large company and why would you behave differently in either? Genuine question as I'm baffled why you'd expect any company to cover the cost of your children damaging items.
Really it is up to you to control your child when you're out in public and not allow them to be running around knocking things over. If something on a shelf was loose and fell down and hurt your child would your attitude still be "sure these things happen"?

Jeniflan · 23-07-2017 9:22pm

bee06 wrote: »

I don't think it should matter who owns the shop. What if the woman behind the counter gets in trouble now because she didn't get a payment for the broken item?

No I agree it doesn't matter- I was just clarifying.
But surely if that was the case she would have accepted my money? I gave her the money, it was literally in her hand- and she said paying it 'was up to me'- I was paying it. She could have contacted management also?

At the end of the day, everyone needs to take personal responsibility for their actions and in your case, responsibility for your children's actions.

Again, agreed- it doesn't matter if it was my son or myself that knocked it over, my question would be the same

Jeniflan · 23-07-2017 9:24pm

notjustsweet wrote: »

Why does it matter if it's a local shop or a large company and why would you behave differently in either? Genuine question as I'm baffled why you'd expect any company to cover the cost of your children damaging items.

Because contingency budgets / insurance costs would be vastly different

Really it is up to you to control your child when you're out in public and not allow them to be running around knocking things over. If something on a shelf was loose and fell down and hurt your child would your attitude still be "sure these things happen"?

Em, i guess it doesn't matter but he wasn't running around, and tbh, yes things things do happen, all the time, accidents happen all the time

coylemj · 23-07-2017 9:26pm

Jeniflan wrote: »

I alerted a staff member and apologised profusely, and my son apologised too. As I went to leave (I had already bought items in the shop), the staff member said to my SIL, not me, that I really should pay half for it. My SIL called me back and I spoke to the shop assistant. She said it was 'common practice everywhere' and I really should but she 'wasn't going to push it', it was up to me. Vague.

You're claiming she was 'vague', she wasn't. She was being polite and diplomatic in the face of your attitude in thinking you could simply walk out of the shop. Never mind the law, you had a moral duty to pay for the breakage.

Manion · 23-07-2017 9:27pm

Lovely morality you're teaching your children.

Jeniflan · 23-07-2017 9:29pm

Manion wrote: »

Lovely morality you're teaching your children.

Ok, yikes?
I really appreciate people taking the time to respond, don't think it's necessary to go there?

njs030 · 23-07-2017 9:31pm

Jeniflan wrote: »

Em, i guess it doesn't matter but he wasn't running around, and tbh, yes things things do happen, all the time, accidents happen all the time

Well it matters a bit if you were watching while he handled items that were obviously breakable and dropped one which then broke? Sure of course you should pay for it. Why didn't you intervene before he dropped it...

Like I said why would your attitude be different? I don't really understand why you think some places should absorb the cost and others shouldn't. Just don't let him handle breakable objects and maybe explain to him that it's not fair on shops when people break things and they can't sell them.

micosoft · 23-07-2017 9:32pm

embraer170 wrote: »

I would imagine a a decently sized retailer would be insured for accidental breakage.

No. They would not. Certainly not to claim for a €10 loss (they would be insured above a set minimum "excess" of many thousands if not tens of thousands). Designed to deal with floods etc not somebodies child breaking their property.

Aside from the fact their insurance rates would increase... the insurance company would then pursue the OP to recover damages. Insurance is not some sort of magic money tree. Costs are recovered against either the party liability is established against or through an increase of premiums on everyone. Ergo why car insurance is so expensive in this country with attitudes like this.

davo10 · 23-07-2017 9:32pm

Why on earth would you think it was unfair to be asked to pay for an item your son broke? wht should the shop be at a loss?

Jeniflan · 23-07-2017 9:33pm

notjustsweet wrote: »

Well it matters a bit if you were watching while he handled items that were obviously breakable and dropped one which then broke? Sure of course you should pay for it. Why didn't you intervene before he dropped it...

Like I said why would your attitude be different? I don't really understand why you think some places should absorb the cost and others shouldn't. Just don't let him handle breakable objects and maybe explain to him that it's not fair on shops when people break things and they can't sell them.

Gosh honestly i was standing right next to him and it happened in a split second. I wasn't 'letting' him handle it

NotInventedHere · 23-07-2017 9:35pm

I knocked over a bottle of wine in Tesco. I told the staff but I didn't pay for it.

um7y1h83ge06nx · 23-07-2017 9:36pm

I would say be thankful it only cost 10 euro and you only paid 5, it could have been much worse if it was expensive crystal..

Jeniflan · 23-07-2017 9:38pm

Mavis Colossal Headache wrote: »

I would say be thankful it only cost 10 euro and you only paid 5, it could have been much worse if it was expensive crystal..

VERY grateful

XVII · 23-07-2017 9:44pm

NotInventedHere wrote: »

I knocked over a bottle of wine in Tesco. I told the staff but I didn't pay for it.

why not?

Akrasia · 23-07-2017 9:48pm

In fairness to the OP, there are circumstances when a customer shouldn't be expected to pay for breakages, if the stock was left precariously on a shelf and could be easily knocked over then you could argue that it's the shops fault for not displaying the stock properly.

In this circumstance, it's possible the cup might have been left sticking out too far or the shelf might have been over stocked.

If the kid wasn't running around and just brushed off a shelf or a wobbly stand, and the cup fell off, then I wouldn't feel responsible for the breakage.

Jeniflan · 23-07-2017 9:51pm

Akrasia wrote: »

In fairness to the OP, there are circumstances when a customer shouldn't be expected to pay for breakages, if the stock was left precariously on a shelf and could be easily knocked over then you could argue that it's the shops fault for not displaying the stock properly.

In this circumstance, it's possible the cup might have been left sticking out too far or the shelf might have been over stocked.

If the kid wasn't running around and just brushed off a shelf or a wobbly stand, and the cup fell off, then I wouldn't feel responsible for the breakage.

Honestly- my kids are no angels, but he really wasn't running around

NinetyTwoTeam · 23-07-2017 9:53pm

Tbh I bet they DO send breakages back in the big shops, probably sent back the same as a return that's faulty.

I'd have paid for it while loudly informing the boy that it was coming out of his college fund. And ask for a receipt and chance my arm returning it the next day to a different staff member.

23-07-2017 9:57pm

Jeez, the lady was asking a question. She certainly wasnt looking for moral opinions!

As someome who used to be a manager for a well known Irish retailer i can tell you that shops have breakages everyday. They budget for it and expect it. Staff break their own fair share of stock too.

No sales assistant or member of management should be taking any part payments, all damages are listed and recorded.

Sounds like to me this sales person was on the take and pocketing the cash. Sounds like she panicked when called out on it.

Jeniflan · 23-07-2017 9:59pm

NinetyTwoTeam wrote: »

Tbh I bet they DO send breakages back in the big shops, probably sent back the same as a return that's faulty.

Well see this is when it became unclear- she told me that she would send it back to the supplier and tell them it was faulty. I had already handed her the money at this point. When myself and my SIL queried that asking would the shop then be refunded by the supplier she then changed and said she wouldn't?

Break it, buy it?

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