# Key Post: Do I have a right to buy goods at the marked price?



## peggybetty (16 Nov 2004)

Hi

just wondering if someone can help me.
I was in Dunnes at lunch time and picked up a pair of boots. Went to pay for them and they scanned as €35. The price on the bottom was clearly €30 (price as part of bar code). Sales assistant said no they were priced wrong. I went back over to shoes and there was a staff member there tearing off the €30 price and replacing with a €35 price from the price gun.
I said forget about it.

I didn't have time to ask for a manager (spent too long browsing)
So just wondering does anyone knoe what the story is - should I have gotten them for €30 or €35 ?
Staff member with the price gun wasn't there when I picked up the boots.......

Thanks


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## Max Hopper (16 Nov 2004)

*Re: Pricing issue - Dunnes*

Price as marked.

You are not responsible for Dunnes Stores failure to re-mark prior to re-pricing at the tills.

Personally, I would ring their Customer Services have thrash it out, ultimately settling for a refund of €15 (€5 for the mistake and €10 for the embarassing position their mistake put you in). Then I would never shop there again. Imagine the nerve! The German retailers cruise into town and through the miracle of competition, Dunnes Stores loses market share and margins. So they boost the footwear and clothing to compensate. Gotta have a bit extra for the Heffernan's Christmas bonuses, don't ya know.


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## Dan The Man (16 Nov 2004)

*Re: Pricing issue - Dunnes*

I have had the same problem many times with Dunnes.

Every week I can find at least one item wrongly priced

But they don't care.

They work on bulk, so if one person has a problem, so what, drop in the ocean. 

I hate them with a passion!


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## N0elC (17 Nov 2004)

*Re: Pricing issue - Dunnes*

Legally, they are not obliged to sell you the goods at the price marked. The price tag is an “invitation to treat”, rather than an offer. You make the offer, when you approach the price till, and they are not obliged to accept it. If the retailer had to accept an offer at the price tag, then there would be an encouragement for people to change price tags to get goods at reduced prices.

However, although Dunnes are technically in the right, I think it is appalling customer service on their behalf. They should have accepted their error, and sold it to you at the marked price. Now they’ve got a disgruntled customer on their hands, who’s sharing their experience of poor Dunnes service with the world ! Net cost to them is likely to be far greater than the original €5.


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## rainyday (17 Nov 2004)

*Re: Pricing issue - Dunnes*

I'm pretty sure Dunnes are members of EAN Ireland - Check out what their [broken link removed] has to say about mispriced goods. I think they are obliged to sell you the goods under this code (though it is not a legal obligation).


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## sinead76 (17 Nov 2004)

*dunnes*

if it was a grocery item their policy would be to refund ALL the money and give the item for free.  Happened  me before, i was charged an extra 40p (years ago) at the till than was marked on the shelf, buying razor blades that were £4 or £5 (god be with the days!).  I pointed out the mistake on principle rather than be a meanie over 40p and they gave me the full amount back and told me to keep the blades


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## getoffthepot (17 Nov 2004)

*Re: dunnes*

In the US they must sell it to you at the marked price.

Why should it be different here?

Customer is always right.


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## ClubMan (17 Nov 2004)

*Re: dunnes*

* In the US they must sell it to you at the marked price.*

In the US they price items exclusive of tax - how backward is that?! :\


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## Max Hopper (17 Nov 2004)

*Re: Pricing issue - Dunnes*

Ex-VAT makes price comparisons far simpler. And knowing that just over the city/county/state line the tax bite is lower gives genuine meaning to the phrase 'shop around'.

How regressive / punitive is VAT at 21%?


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## ClubMan (17 Nov 2004)

*Re: Pricing issue - Dunnes*

Do most US citizens memorise the different regional tax rates?


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## Swoon0 (17 Nov 2004)

*Done doing Dunnes*

Dunnes - sick to the teeth of them - they are forever making errors at checkout - how many people notice/challenge/care ? - and as someone already said - we are only a drop in the ocean - until of course we all become the ocean and feck off elsewhere !!!


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## Dr Moriarty (17 Nov 2004)

*Re: Done doing Dunnes*

I seem to remember that it's illegal to advertise a product at one price and then charge more for it — hence the assistant furiously reticketing the shoes on the shelf...

But I also remember pulling my local Spa(r) shop up on this once (their products are consistently and, yes, I say _deliberately_ mis-labelled, or not labelled at all..!) — and the store manager listening to my righteous indignation, then looking me coolly in the eye and saying "Ya, _prove_ it, pal..."

Only satisfaction I got was that the store was fairly busy, so I put the product back down on the counter and announced in a loud voice that I would never again buy so much as a box of matches off "a crowd of shysters like youse", then marched out with my head held high, rolling my eyes at the queuing customers...

Dunno how much it's hit their margins, 'though... :\


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## Marion (17 Nov 2004)

*Re: Pricing issue - Dunnes*

There may well be misrepresentation of a price and it may well fall foul of the Consumer Information Act 1978. But, this Act doesn't confer any rights to the consumer.

I think that a complaint to the Director of Consumer Affairs wouldn't achieve anything because at the time the mistake was noticed at the checkout, Dunnes staff were already rectifying the error. There wouldn't appear to be any real intention to deceive the consumer. They acted promptly.

Marion :hat


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## ClubMan (17 Nov 2004)

*Re: Pricing issue - Dunnes*

Others have already covered things authoritatively in this context but for what it's worth here are the relevant links:
[broken link removed]</li><li>[broken link removed]

And a quote from the _ODCA_:


> *A price on a shelf edge label was less than price showing on the till when the product is scanned. Does the consumer have a right to buy the product at the lower price?*
> 
> This may be a misleading price indication, consumer should contact the Office with details. However, the consumer does not have an automatic right to the product at the lower price. A price indication on a product is what's called an "invitation to treat";
> 
> ...


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## Max Hopper (17 Nov 2004)

*Re: Pricing issue - Dunnes*

I can only discuss the situation in the NE USA. When Massachusetts runs a tax-free shopping month, everyone in the surrounding states is aware (the merchants heavily advertise the event). The fact that New Jersey has a tax-free shopping zone on it's side of the Hudson River for the (almost) exclusive use by New Yorkers (IKEA being the anchor shop), everyone knows. When Bergen county in New Jersey lowers it's local tax on a gallon of gasoline, everyone in Mommouth county purchases their petrol over the border. Unbridled competition keeps John Q. Public fully informed though every media outlet.


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## peggybetty (18 Nov 2004)

*Thanks*

Thanks for replies.
Next time I will ask to speak to manager at least, get around the embarrassment factor at the till.

Still want the boots (yep silly girl) but on principle I'll go elsewhere.


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## potnoodler (18 Nov 2004)

*Re: Thanks*



> In the US they price items exclusive of tax - how backward is that?




although it comes across as a little bit misleading in the pricing , it has a tendancy to ensure that the vast amount of consumers
are well aware of the amount that is being taken by the gov. , around 5% sales tax compared to our 21% VAT.
I, myself would love to see  both prices before and after tax on all products here, put an end to the lies they spread about being a low taxation economy.


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## Dr Moriarty (18 Nov 2004)

*5% sales tax*

...it's 8.35% in California.

Maybe it's some kinda "white teeth" supplement...


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## Marion (18 Nov 2004)

*Re: >>Do I have a right to buy goods at the marked pri*

Hi

Could those who wish to discuss the question of sales tax in the US please open a new topic.

Thanks 

Marion :hat


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## Murt10 (24 Nov 2004)

*Re: >>Do I have a right to buy goods at the marked pri*

I do a lot of basket shopping (ie small shops) in both Tesco's and Superquinns as I live near both. 

You will usually know what each item is going to cost on your receipt. If you are charged higher than the displayed prices you are entitled to the item free. 

If I'm doing a large shop I find it is impossible to remember the individual prices.

My best single item so far was a half bottle of Hennessy (I was sent down specifically to buy it for medicinal purposes), the price on the shelf was £10.95, I was charged £10.99.  

God! It tasted good.


Murt


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## ajapale (24 Nov 2004)

*Re: >>Do I have a right to buy goods at the marked pri*

Hi Murt,
SuperQuinn discontinued this practice some years ago. Instead they give superquinn points to charity.

ajapale


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