Shop puts on a sale after purchase

[intermission]

Hi,

I was wondering what my rights were in the following situation.

I went into Jim Langans in Liffey Valley on 11 December to look at some furniture. I saw 2 couches (2 x €609) and a table and chairs (1 x €439)which I liked. I asked the sales assistant if they were having a sale after Xmas. She said no and that they do not have sales, just ongoing promotions throughout the year. I decided to go ahead and paid in full for the couches which were available immediately and left a deposit for the table which would be 4-6 weeks for delivery.

Took delivery of my couches about a week later - everything fine. Went in to pay the balance on the table and chairs on 28 December, only to see a sign up saying 'Sale - 10% off everything'.

I complained to the manager saying that I was specifically told they were not having a sale after Xmas. She said that they were not aware that there was going to be a sale when I was given that information.

I asked to be given the 10% discount because I was misled. She said no. I asked for the 10% discount off the table and chairs because I hadn't yet paid in full. She said no and that I had agreed to buy the goods for €439. I exploded at this point and kept arguing until I was given the 10% off the table and chairs. I just hope they turn up now!

I was just wondering what legal rights (if any) I had in this situation? Have checked www.consumerassociation.ie and [broken link removed] but couldn't find anything to shed light on this particular situation.


Any advice appreciated.

 

[Marion]

Hi Intermission

I don't think that you have any legal rights in this case. You paid the asked price. The shop is not under any obligation to inform you that a sale is to take place.

Having said this, you did very well to argue your point and get your 10% discount.

I just hope they turn up now

!

If the goods do not turn up there will be a breach of contract by the retailer and you will be entitled to a full refund of money paid for the furniture.

Well done for looking for the discount.

Marion

 

[ClubMan]

I'd agree with Marion - no statutory legal entitlement to the sale discount but by all means haggle as you did.

 

[Humpback]

While the outcome in this situation appears to have been successful, the following -

I exploded at this point and kept arguing

doesn't really sound like haggling to me.

Depending on how the exploding and arguing was done, I wouldn't be at all surprised if the supplier took their time supplying the goods.

If the goods do not turn up there will be a breach of contract by the retailer and you will be entitled to a full refund of money paid for the furniture.

This is true. But if they just decided they didn't like the tone of the exploding and arguing they can use any number of excuses to delay the delivery to make a point and still be well within their rights.

Unless the contract stipulated a specified delivery timescale, which given this is a furniture company, they're unlikely to have done in the first place.

 

[Observer]

if they just decided they didn't like the tone of the exploding and arguing they can use any number of excuses to delay the delivery to make a point and still be well within their rights.

Unlikely. Almost all furniture retailers are always short on storage space and have little or nothing in stock. Makes sense when you considèr the bulky nature of the stuff. Everything is on order and will arrive in typically 4-8 weeks. Once a consignment does arrive, the emphasis is on getting the stuff out to the customers às fast as possible to free up space. Delaying an order to punish the customer will only mess up the retailer's logistics.

 

[Brendan Burgess]

Hi intermission

That's how markets work. Retailers offer goods for sale. If you want you buy them, if you don't want them you don't buy them.

Retailers tend not to announce their sales in advance, although I do remember one shop assistant whispering to me some years ago, not to buy something until the following week, when it would probably be reduced.

Jim Langan behaved perfectly in this situation. You were right to ask for a discount and it would be good practice under the exceptional circumstances to give it. If however, someone "exploded" as part of their negotiations, I would simply usher them out of the premises until they behaved calmly.

Brendan

 

[intermission]

Sorry, maybe I should have been more explicit in my description of 'exploding'. I am normally a very even tempered person, so getting into any kind of confrontational situation is unusual for me. There was no shouting involved, just me arguing my point. I told her that I believed I had been misled by the shop assistant and that it wasn't ethical in my opinion. I made the point that if I cancelled my order for the table and lost the deposit (€30) and just ordered it again that day at the sale price I'd be better off. I might add that I was very annoyed, my heart was racing and it took about 3 hours to come down off the adrenalin rush. So for me that was an explosion (more internal than external) but I realise that may not be how others would interpret explosion... I shall have to be more careful how I word my posts in future...

I would like to point out some good service that I received on the same day - when I went into DID electrical in Lucan. I had items to buy which were coming in just over the €2000 mark in total. The salesperson advised me to hold off until the Saturday as he would be getting his sale prices then and would be able to give me the goods at a reduced price.

I left a deposit and phoned on the Saturday - was given the discounted price and payed the remaining balance by cc over the phone. Painless.

Anyway, thanks for pointing out the legal position in the above situation.

 

[Humpback]

Unlikely. Almost all furniture retailers are always short on storage space and have little or nothing in stock. Makes sense when you considèr the bulky nature of the stuff. Everything is on order and will arrive in typically 4-8 weeks. Once a consignment does arrive, the emphasis is on getting the stuff out to the customers às fast as possible to free up space. Delaying an order to punish the customer will only mess up the retailer's logistics.

Depends on when they make the order to the supplier I suppose.