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 How much is that ?

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PostSubject: How much is that ?   Sun Apr 13, 2008 2:13 am

What's the story on this then?

You are in a shop/store and the box (lets assume its cheese) says €20.70 per kilo
You self weigh the stuff and the machine is programmed to print a barcode sticker at €23.50 per kilo.

Apart from the fact that it sucks, is it illegal ?

Happened me today and I'm raging.
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PostSubject: Re: How much is that ?   Sun Apr 13, 2008 2:15 am

yes farao .


Last edited by cactus flower on Sun Apr 13, 2008 2:16 am; edited 1 time in total
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PostSubject: Re: How much is that ?   Sun Apr 13, 2008 2:16 am

Maybe it was a mistake in the machine - a delayed update of the price ..?

It's false advertising otherwise isn't it?
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PostSubject: Re: How much is that ?   Sun Apr 13, 2008 2:19 am

I measured it twice Audi. No mistake. Also, it printed the €/kilo on the barcode sticker. So no doubt.

Is it false advertising though ? If instore marked price does not match till price ?
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PostSubject: Re: How much is that ?   Sun Apr 13, 2008 2:26 am

Did you complain to them? Their price on the shelf was wrong or the other price was wrong - either way I'd make an educated guess they're liable for false advertising but obviously mistakes have to be taken into account ...
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PostSubject: Re: How much is that ?   Sun Apr 13, 2008 2:27 am

If it's Tesco, their No Quibble Guarantee gives you double the difference or something.
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PostSubject: Re: How much is that ?   Sun Apr 13, 2008 2:30 am

Don't Tescos have posters that say something like "if you're charged a price different from what it says on the shelf we will give you that item for free, no quibbles"?

I suspect it's not actually false advertising, but I'd be very surprised if a complaint wouldn't get you the lower price almost immediately.

After the event, though, there may well be nothing you can do.

[EDIT]Snap![/EDIT]
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PostSubject: Re: How much is that ?   Sun Apr 13, 2008 2:31 am

Woodies DIY. I don't mind saying it here , because I have irrefutable evidence, in the form of a receipt and a barcode sticker.

In general though, this shit really gets my back up.
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PostSubject: Re: How much is that ?   Sun Apr 13, 2008 2:39 am

I wouldn't complain before but now I do, o yeah.. I can picture you buying something from under a banner which says x but your item costs x+y - isn't that just negligence and they should have changed the banner?

feckin tools
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PostSubject: Re: How much is that ?   Sun Apr 13, 2008 2:48 am

EvotingMachine0197 wrote:
Woodies DIY. I don't mind saying it here , because I have irrefutable evidence, in the form of a receipt and a barcode sticker.

In general though, this shit really gets my back up.

Reckon if you have evidence of the disparity, you can probably get your money back.
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PostSubject: Re: How much is that ?   Sun Apr 13, 2008 2:56 am

ibis wrote:
EvotingMachine0197 wrote:
Woodies DIY. I don't mind saying it here , because I have irrefutable evidence, in the form of a receipt and a barcode sticker.

In general though, this shit really gets my back up.

Reckon if you have evidence of the disparity, you can probably get your money back.

No doubt ibis, I knew I was being overcharged. My anger is for all the not-so-observant sunday shoppers who are getting fleeced at the till based on a *what's the word - list price?* price on a box.

It is bad practice IMO for a large profitable storechain to allow this to happen.

However, the original question, is it illegal ?
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PostSubject: Re: How much is that ?   Sun Apr 13, 2008 3:01 am

If it's deliberate, then it definitely is.

If it isn't deliberate, ignorance is no defence and it's possibly still a form of fraud.
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PostSubject: Re: How much is that ?   Sun Apr 13, 2008 3:02 am

EvotingMachine0197 wrote:
ibis wrote:
EvotingMachine0197 wrote:
Woodies DIY. I don't mind saying it here , because I have irrefutable evidence, in the form of a receipt and a barcode sticker.

In general though, this shit really gets my back up.

Reckon if you have evidence of the disparity, you can probably get your money back.

No doubt ibis, I knew I was being overcharged. My anger is for all the not-so-observant sunday shoppers who are getting fleeced at the till based on a *what's the word - list price?* price on a box.

It is bad practice IMO for a large profitable storechain to allow this to happen.

However, the original question, is it illegal ?

I doubt it, I'm afraid - there's too much scope for it to be an 'honest mistake'.
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PostSubject: Re: How much is that ?   Sun Apr 13, 2008 3:18 am

Right, But if it was , I'm speaking generally now, if it was demonstrable to be not a mistake but intentional, would it then be illegal ?

Edit : I meant demonstratable.
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PostSubject: Re: How much is that ?   Sun Apr 13, 2008 3:24 am

EvotingMachine0197 wrote:
Right, But if it was , I'm speaking generally now, if it was demonstrable to be not a mistake but intentional, would it then be illegal ?

Edit : I meant demonstratable.

If it could be established that it was deliberate, I'm pretty certain it would be some form of fraud or deception.
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PostSubject: Re: How much is that ?   Sun Apr 13, 2008 3:26 am

Statute ? Basketball
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PostSubject: Re: How much is that ?   Sun Apr 13, 2008 3:34 am

EvotingMachine0197 wrote:
Statute ? Basketball

That would take, I suspect, a lot of digging. How about:

The European Consumer Centres Network (ECC-Net)

The European Consumer Centre in Ireland is located
at:
13A Upper O'Connell Street,
Dublin 1
Tel: 01 809
0600
Fax: 01 809 0601
Email: info@eccdublin.ie

Website: http://www.eccdublin.ie/

The Consumers’ Association of Ireland (CAI)
The Consumers’ Association of Ireland (CAI)
44
Chelmsford Road
Dublin 6
Phone: 01 497 8600
Fax: 01
497 8601
Website: http://www.consumerassociation.ie/

or

The Office of the Director of Consumer Affairs

The Office of the Director of Consumer Affairs
4-5
Harcourt Road
Dublin 2
Tel: 01 402 5500
Fax: 01 402
5501
Website: http://www.odca.ie/

The last one will actually conduct an investigation on your behalf (well, everyone's behalf).
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PostSubject: Re: How much is that ?   Sun Apr 13, 2008 3:45 am

Thanks ibis.
I didn't mean to cause inconvenience, but now that you have gone out of your way yet again, those links are useful, if not necessary in this day and age.

I am guessing, I think the relevant statute is Sales of goods and supply of services Act, 1988 ????
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PostSubject: Re: How much is that ?   Sun Apr 13, 2008 3:53 am

http://www.irishstatutebook.ie/2001/en/act/pub/0050/sec0006.html#partii-sec6

Could also be prosecuted under this, I'd say.
Criminal Justice (Theft and Fraud Offences) Act
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PostSubject: Re: How much is that ?   Sun Apr 13, 2008 3:54 am

EvotingMachine0197 wrote:
Thanks ibis.
I didn't mean to cause inconvenience, but now that you have gone out of your way yet again, those links are useful, if not necessary in this day and age.

I am guessing, I think the relevant statute is Sales of goods and supply of services Act, 1988 ????

That one is mostly to do with the description of goods, and the state of goods, but it might well be that the "description" includes the price. This one is probably of relevance as well:

European Communities
(Requirements to Indicate Product Prices) Regulations 2002



These Regulations relate to consumer protection in the indication
of the prices of products offered to consumers.

The Regulations apply to most products for sale by "traders" to
consumers. Such products are required to indicate the selling price
(final price including VAT and all other taxes) and the unit price
of that product. The indication of the selling price and of the
unit price must be unambiguous, easily identifiable, legible and
in proximity to the product.
A trader includes any natural or legal
person who sells or offers for sale products, which fall within
his commercial or professional activity.

A trader may offer products for a reduced sale price by reference
to a reduction by a fraction or percentage of the previous price
indicated, by a general notice or other visible means provided that
the particulars are unambiguous, easily identifiable, visible and
legible.

A person guilty of an offence under these Regulations shall be
liable on summary conviction to a €3,000 fine.

I don't think there's any necessity there for you to prove that the retailer was being deliberately fraudulent - they are liable to conviction simply for failing in a statutory duty.

However, the various Consumer services would have a better handle on that.
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PostSubject: Re: How much is that ?   Sun Apr 13, 2008 9:11 am

ibis wrote:
EvotingMachine0197 wrote:
Thanks ibis.
I didn't mean to cause inconvenience, but now that you have gone out of your way yet again, those links are useful, if not necessary in this day and age.

I am guessing, I think the relevant statute is Sales of goods and supply of services Act, 1988 ????

That one is mostly to do with the description of goods, and the state of goods, but it might well be that the "description" includes the price. This one is probably of relevance as well:

European Communities
(Requirements to Indicate Product Prices) Regulations 2002



These Regulations relate to consumer protection in the indication
of the prices of products offered to consumers.

The Regulations apply to most products for sale by "traders" to
consumers. Such products are required to indicate the selling price
(final price including VAT and all other taxes) and the unit price
of that product. The indication of the selling price and of the
unit price must be unambiguous, easily identifiable, legible and
in proximity to the product.
A trader includes any natural or legal
person who sells or offers for sale products, which fall within
his commercial or professional activity.

A trader may offer products for a reduced sale price by reference
to a reduction by a fraction or percentage of the previous price
indicated, by a general notice or other visible means provided that
the particulars are unambiguous, easily identifiable, visible and
legible.

A person guilty of an offence under these Regulations shall be
liable on summary conviction to a €3,000 fine.

I don't think there's any necessity there for you to prove that the retailer was being deliberately fraudulent - they are liable to conviction simply for failing in a statutory duty.

However, the various Consumer services would have a better handle on that.

What a handy thread. Get your money back Evotingmachine, do it for all of us.

I have heard of shops being prosecuted simply for not showing prices. That would drive you cracked too as it is such a time-waster.

I hate (this should be on the I hate thread) dual euro sterling price tags with the sterling price bigger than the euro - easy to misread and have a nasty shock at the till. Puts me off going to those shops more so that National pride.
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PostSubject: Re: How much is that ?   Mon Apr 14, 2008 12:09 pm

Also, when petrol first reached €1, many petrol stations only had signs that would show three digits (99.9c, for example). A number of stations which put up the price as 99.9c, as the maximum they could display, but which charged more at the pump were brought to court and fined.

This would seem to indicate that the law is in your favour.
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PostSubject: Re: How much is that ?   Mon Apr 14, 2008 1:58 pm

There is a defence of honest mistake in regard to labelling. But if the label is wrong they must certainly refund you the difference.
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PostSubject: Re: How much is that ?   Mon Apr 14, 2008 2:42 pm

http://www.consumerconnect.ie/ - National Consumer Agency

http://www.eccdublin.ie/ - European Consumer Centre Dublin
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