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Store advertising lst few days closing down sale

  • 29-08-2019 3:43pm
    #1
    Registered Users, Registered Users 2 Posts: 219 ✭✭


    Store near me had last few days of closing down sale, now today all sale signs gone nd operating without sale? Is this legal?


Comments

  • Closed Accounts Posts: 1,226 ✭✭✭Credit Checker Moose


    Why wouldn't it be?


  • Registered Users, Registered Users 2 Posts: 219 ✭✭mea_k


    Why wouldn't it be?

    If the store actually has not closed down, no renovations made, everything like it was before same name etc.
    Thought it would have been miss leading information and advertising since its been dragging with few months.


  • Registered Users, Registered Users 2 Posts: 1,877 ✭✭✭BENDYBINN


    Many a store closed down in evening and opened following morning!


  • Registered Users, Registered Users 2 Posts: 219 ✭✭mea_k


    BENDYBINN wrote: »
    Many a store closed down in evening and opened following morning!

    With same run down furnishing and same name?!
    Interested will anyone come up with valid laws etc.


  • Closed Accounts Posts: 946 ✭✭✭Phileas Frog


    mea_k wrote: »
    With same run down furnishing and same name?!
    Interested will anyone come up with valid laws etc.

    There aren't any


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  • Registered Users, Registered Users 2 Posts: 8,922 ✭✭✭GM228


    If it is not closing down such claims of closing down sales could potentially be considered misleading advertising under the Consumer Protection Act 2007 which is a criminal offence.

    It may be difficult to establish however as you need to show it deceives (or is likely to deceive) and as a result it is likely to affect the shoppers economic behaviour.


  • Registered Users, Registered Users 2 Posts: 17,863 ✭✭✭✭fritzelly


    A store in Dublin city centre has had closing down signs for years


  • Closed Accounts Posts: 1,226 ✭✭✭Credit Checker Moose


    It is like those permanent sales. No laws being broken.


  • Registered Users, Registered Users 2 Posts: 4,635 ✭✭✭FishOnABike


    I remember one menswear shop that had a closing down sale for years - I think it must have been closing down sales of liquidation stock from other businesses.

    Their closing down sales were continuous for so many years that almost nobody believed it when the shop did actually close down.


  • Registered Users, Registered Users 2 Posts: 26,992 ✭✭✭✭Peregrinus




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  • Registered Users, Registered Users 2 Posts: 1,303 ✭✭✭sexmag


    fritzelly wrote: »
    A store in Dublin city centre has had closing down signs for years

    That shop is actually called "Closing Down Sale"

    Speaking of which that Harvey Norman and DFS sale have been going on for a while now havent they?

    No op it is not illegal to advertise a sale,it can be called "easter sale" "couch sale" "closing down sale" or even "I fell happy sale"


  • Posts: 0 [Deleted User]


    GM228 wrote: »
    If it is not closing down such claims of closing down sales could potentially be considered misleading advertising under the Consumer Protection Act 2007 which is a criminal offence.

    It may be difficult to establish however as you need to show it deceives (or is likely to deceive) and as a result it is likely to affect the shoppers economic behaviour.

    I’ve seen “everything must go sale”, if everything doesn’t go, is that a criminal offence? I’ve seen a “one day sale” that went on for a week, is that a criminal offence?


  • Registered Users, Registered Users 2 Posts: 8,922 ✭✭✭GM228


    sexmag wrote: »
    No op it is not illegal to advertise a sale,it can be called "easter sale" "couch sale" "closing down sale" or even "I fell happy sale"

    It is if the advertising deceives (or is likely to deceive) and is likely to affect the shoppers economic behaviour, it's just very difficult to prove.


    Dav010 wrote: »
    I’ve seen “everything must go sale”, if everything doesn’t go, is that a criminal offence? I’ve seen a “one day sale” that went on for a week, is that a criminal offence?

    Again if the above is satisfied then yes, and now you see why it's a difficult one, but regards the everything must go I would say no.


  • Registered Users, Registered Users 2 Posts: 7,009 ✭✭✭Allinall


    Perhaps the business generated by the sale was sufficient to save the company from liquidation and enabled it to remain open


  • Registered Users, Registered Users 2 Posts: 1,783 ✭✭✭dennyk


    BENDYBINN wrote: »
    Many a store closed down in evening and opened following morning!
    mea_k wrote: »
    With same run down furnishing and same name?!

    All the shops I've ever seen always close in the evening and then reopen with the same furnishings and same name in the morning. I mean, it seems like it'd get pretty expensive to refurnish and change out your signs every single day. :pac:

    Seriously though, it's possible it could run afoul of the misleading advertising regulations, but it would really depend on the specifics. For instance, if they advertised "Everything on sale!" or "X% off everything!" but the items they were selling weren't actually being discounted accordingly, that would be a more solid claim for misleading advertising against them. If they were just having a "Going out of business sale" and actually did discount their merchandise according to what they advertised, but didn't end up "going out of business" in the end, that might be harder to claim. It's also possible the company actually did wind up but was then purchased wholesale by some other entity who chose to continue the business, name and all, rather than shutting it down.


  • Registered Users, Registered Users 2 Posts: 9,420 ✭✭✭splinter65


    mea_k wrote: »
    If the store actually has not closed down, no renovations made, everything like it was before same name etc.
    Thought it would have been miss leading information and advertising since its been dragging with few months.

    But what law did they break in order for it to be “illegal”?


  • Registered Users, Registered Users 2 Posts: 1,722 ✭✭✭rock22


    mea_k wrote: »
    Store near me had last few days of closing down sale, now today all sale signs gone nd operating without sale? Is this legal?



    It could be considered misleading contrary to section 43 of Consumer Protection Act. 2007. ((3) ii.


  • Registered Users, Registered Users 2 Posts: 71,142 ✭✭✭✭L1011


    dennyk wrote: »
    All the shops I've ever seen always close in the evening and then reopen with the same furnishings and same name in the morning. I mean, it seems like it'd get pretty expensive to refurnish and change out your signs every single day. :pac:

    I have actually seen a shop close as a Jack Jones one night and open as a Calendar Club the next morning. (the previous tenant had been clearing stock and opened a new store across the corridor the next day with new stock)


  • Closed Accounts Posts: 1,226 ✭✭✭Credit Checker Moose


    Where does the law stand on eternal sales, DFS being a prime example?


  • Registered Users, Registered Users 2 Posts: 17,863 ✭✭✭✭fritzelly


    Where does the law stand on eternal sales, DFS being a prime example?

    Anything under RRP could be considered a sale so every store on the planet would be guilty
    Only difference is if they advertise the price as been higher and sold by them for that price unless it was for at least 28 days - see this on the Argos website quite a lot


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  • Registered Users, Registered Users 2 Posts: 25,620 ✭✭✭✭coylemj


    There was a large store on Oxford St. in London near Marble Arch which had a 'closing down sale ' that lasted about 20 years.


  • Banned (with Prison Access) Posts: 2,196 ✭✭✭the culture of deference


    Prohibited Commercial Practices

    Prohibited commercial practices.
    55.— (1) A trader shall not engage in any of the following commercial practices:


    (c) a representation that the trader is about to cease trading or move premises, if the trader is not;


    A trader who contravenes section 55 (1) or (3) commits an offence and is liable on conviction on indictment or on summary conviction, as the case may be, to the fines and penalties provided in Chapter 4 of Part 5 .


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