Sharpe Practice ?

[Quillan]

I have nearly been caught twice now in our local supermarket.

The first was dog biscuits, buy one get the other at half price as advertised in the Pub that came through our letter box. There were loads of sacks on a pallet with this sign in front of it so I got four. Went to pay but checked the bill, no discount. When I asked the girl she got her copy of the Pub out then pointed at the sacks and said they were not the same. Down on the bottom right of the sack was a tiny little sign with even smaller writing saying 'Special', this was the only difference. The way the sack 'sat' meant it was almost underneath and out of view. I had to go back a rummage around to get the right sacks which were all jumbled up with the full price ones. [:@]

Today they have an offer on toilet paper (very important if you run a B&B to spot the offers). One big pallet, one half pink the other white. Standing in front is a sign that said buy 2 get the 3rd free. We have white rolls so I got 6 packets, you can almost see it coming can't you. Went to the checkout, checked my bill before I left, no discount. 'Why' I asked, 'its for the pink only' she said. I got rather angry and pointed out that there was one sign, no reference to just pink and one pallet. All I got was the good old 'Gallic shrug'. I am sure they are ripping people off with these promotions and I get really annoyed when I see little old ladies struggling with a years worth of (the wrong coloured) toilet paper towards the checkout. [:@]

Problem is in France I don't know exactly where I stand re the law on these issues.

The other one I really get annoyed at is the special 'extra large' sacks of stuff, it always pays to check the price per kilo as often buying the smaller (non special) sacks is a lot cheaper.

[PaulT]

[quote user="Quillan"]

The other one I really get annoyed at is the special 'extra large' sacks of stuff, it always pays to check the price per kilo as often buying the smaller (non special) sacks is a lot cheaper.

[/quote]

Does not just apply to France - rife in the UK with one very large supermarket very guilty of this and packs are not marked special. Just playing on people assuming that the larger pack must be cheaper per unit than the smaller ones.

[Clair]

You do need to read these offers carefully.

I have posted this before, but it bears repeating:

By law, the goods advertised must be available for the duration of the offer. If the goods are not instock, the shop must make it available at the price advertised as the soonest opportunity.

In practice, this means that you are entitled to either an equivalent purchase at the promo price OR a voucher guaranteeing the promo price when the goods are back in stock.

The choice of either /or is down to the shop management, but it is worth making a suggestion if you have an alternative in mind.

For example, let's say that Leclerc's own fruit yogurts are on offer until next Sat, but when you go to the shop on Monday, they are not in stock because it's near the end of the promo.

You can either ask for a "promise ticket" or suggest you could get the Danone Activia equivalent at the promo price.

If the shop assistant/management offers an alternative which is not to your liking, you are entitled to refuse it and ask for a "promise ticket" guaranteeing the promo price when the Leclerc fruit yogurts are back in stock.

Another reminder:

If there is a price difference between the price on the shelf and the price at the till, you should be entitled to the lower price, as long as it is not a glaringly obvious inconsistency (42" TV at 10€!). I say should because it is not law, but custom.

Point out the price difference politely and insist on the lower price and be prepared to leave the item if you don't get satisfaction.

(I always check the special prices using the price points in the shops and if I see a discrepancy in my favour, I always take full advantage of it!)

[Dog]

I thought Q had lost it again confusing the escapades of  Richard Sharpe, a fictional British soldier in the Napoleonic Wars.

I guess you gotta have mugs that cannot read the small print or the price per kilo to pay for the discount for those that do buy carefully.

It is interesting to know about the law regarding the durationj of the offer as whenever my favourite beer is on special offer it is either sold out or they only have one or two packs.

Is there anywhere that I could print out the law in French on the promise voucher to show the shop?

I bet they would use the excuse that only so many of the items would be available at the promo price.

[Quillan]

[quote user="Dog"]

I thought Q had lost it again confusing the escapades of  Richard Sharpe, a fictional British soldier in the Napoleonic Wars.

[/quote]

Perhaps I should have put [:)] after Sharpe but there you go. It was not a typo just a play on words. [;-)]

[allanb]

[quote user="Clair"]

By law, the goods advertised must be available for the duration of the offer. If the goods are not instock, the shop must make it available at the price advertised as the soonest opportunity.[/quote]

I'm fairly sure that I have seen special offers with a qualification like "à la limite du stock disponible" or words to that effect.  Is that enough to let them off the hook?

[kizpip]

[quote user="allanb"][quote user="Clair"]

By law, the goods advertised must be available for the duration of the offer. If the goods are not instock, the shop must make it available at the price advertised as the soonest opportunity.[/quote]

I'm fairly sure that I have seen special offers with a qualification like "à la limite du stock disponible" or words to that effect.  Is that enough to let them off the hook?

[/quote]

I'm not certain of the law, nor the policy of other retailers, but LeClerc and Carrefour promise that if special offer stocks run out during the relevant period, you can place an order and pay the promotion price when they receive the new stock.

This is usually detailed in the small print on the back of the promotional leaflet.

I've certainly put this to the test at LeClerc on several occasions. They took my order, rang me when the new stock arrived, had it waiting for me when I called to collect and didn't try to charge the ordinary price!

[Clair]

[quote user="allanb"][quote user="Clair"]By law, the goods advertised must be available for the duration of the offer. If the goods are not in stock, the shop must make it available at the price advertised as the soonest opportunity.[/quote] I'm fairly sure that I have seen special offers with a qualification like "à la limite du stock disponible" or words to that effect.  Is that enough to let them off the hook? [/quote]

Where there is a mention of limited stock, the retailer is indeed off the hook.

In practice, Article 121-1 of the Consumer Code provides that this type of promotion can be considered a deceptive trade practice if the importance of the campaign is disproportionate to the number of products sold.

[quote user="Dog"]It is interesting to know about the law regarding the durationj of

the offer as whenever my favourite beer is on special offer it is either

sold out or they only have one or two packs.

Is there anywhere that I could print out the law in French on the promise voucher to show the shop?[/quote]

If the advert/promotional material does not make mention of limited stock, Art. 3 of Arrêté du 31 décembre 2008 relatif aux annonces de réduction de prix à l'égard du consommateur (here) states that:

"Tout produit ou service commandé pendant la période à laquelle se

rapporte une publicité de prix ou de réduction de prix doit être livré ou fourni au prix indiqué par cette publicité."

(Any product or service ordered during the period in which an advertisement refers to the price or discount must be delivered or supplied at the price indicated by the advertisement.)

A couple of years ago, a new Leclerc opened with an offer of a 42" plasma screen TV at 599€ with 50% of the purchase credited to the Carte Leclerc (effectively selling the TV at 300 €).

The offer was on for a week and when my neighbours saw our TV, they went to buy one for them and another for their son.

The shop had sold out and gave them a bon d'achat (purchase voucher) with a promise to call them when the stock arrived.

The same neighbour goes through the Leclerc promo leaflets with a sharp eye and does not hesitate when the goods advertised are not available. She demands an alternative and usually gets it.

[Clair]

Another thing which bears pointing out:

Just because it says "Offre Spéciale" in big letters does not mean it's cheaper...

Actually, it could be quite the opposite.

For example, today I bought a bottle of sirop de citron vert Valdonne.

Some bottles were labelled "Offre Spéciale" and when I checked, the price of these came up at 2.99 €. The usual bottles were priced at 2.54 €, as per the label on the shelf.

Same thing with Tetley Breakfast Tea. Normal price 4.69 €, "special" price 6.99 €.

[bubbles]

I think that sometimes they do that just to confuse the shopper because they are about to put the price up massively.

So, two weeks ago you would buy sirop at 2.54.

This week on special at 2.99

Next week it's perhaps 3.65.

You think - "wow, that seems expensive"

Then you remember that last week it was on special.

Seen this happen in England.

Lucky for me I don't happen to like Sirop - de citron vert or any other colour!

[Kitty]

[quote user="Clair"]

If there is a price difference between the price on the shelf and the price at the till, you should be entitled to the lower price, as long as it is not a glaringly obvious inconsistency (42" TV at 10€!). I say should because it is not law, but custom.

Point out the price difference politely and insist on the lower price and be prepared to leave the item if you don't get satisfaction.

[/quote]

So this is different from the UK, then?   In the UK, any retailer can refuse to sell anything to a customer.  So if a (UK) retailer is suspicious that a product is not the right price, the retailer can wirhdraw the product, even at the till, because the customer does not have the right to buy it at that or any other price.

I am prepared to be corrected on this point as I have not looked it up.  It is just gleaned from a close family member running a shop for 10 years.

[Panda]

This is at odds to my experience in the UK, if an item it marked as a certain price then I've always got it at that price regardless, I always understood that was my right, perhaps it was just to get rid of me, I do complain loudly!

I know for internet goods they dont have to sell you the item at the price quoted but again just this week, an online store made a huge error on an item marking it as 14£ instead of 114£, they called me to explain it was a typo, I played on this stating I I still wanted the item what could they do etc, they sold me the item (heavy weight horse rug) at 40£, a massive reduction, no postage and could not have been more helpful, recognising it as their mistake.

In France Ive done the same, some picture frames marked at a low price, at the till they came up as 20 euro each instead of the 4euro clearly marked on the shelf, they shrugged and I just said no, I want the price you have advertised them at, they tried to say leave them then I said no, you've marked them at that price I want them at that price, they did it in the end, 20 mintes and two section managers later!

I would be interested to know the exact law on it althoug up until now I've always done OK out of it.

The one store that ALWAYS gets pricing wrong is Decathlon, I have never visted them without having to get the goods repriced when an offer does not come through at the till, I just expect it now!

[Clair]

[quote user="Cathy"][quote user="Clair"]

If there is a price difference between the price on the shelf and the price at the till, you should be entitled to the lower price, as long as it is not a glaringly obvious inconsistency (42" TV at 10€!). I say should because it is not law, but custom.

Point out the price difference politely and insist on the lower price and be prepared to leave the item if you don't get satisfaction.

[/quote]

So this is different from the UK, then?[/quote]

I have no idea how different it is from the UK.

I have had this happen in the UK and in France (price difference in my favour), and I have always paid the lower price when I have brought the discrepancy to their attention.

My "best buy" (in France) was feather-filled bolsters at foam-filled prices. I bought enough for every bed in the gite.

There was also a wall-mounted parasol, already discounted by 50%, but also labelled at 20€ cheaper than the till price. I paid the label price.

[Richard51]

For a valid contract under UK law there should be an offer, acceptance and consideration. The price marked on the product / shelves, however, is not an 'offer' but an 'invitation to treat' by the shop to the customer. Viz a suggestion of the price the shop would accept if the customer made an offer to buy.  The 'offer' is made when the customer takes the item to the cashier.  At that point, the shop can accept or refuse the customer's offer.  If they accept (i.e. they proceed with the sale) and the customer hands over the money then there is a contract of sale.

The UK store may choose honour the (incorrect) price displayed but they are not legally obliged to.

Mrs R51

[velcorin]

[quote user="Cathy"][quote user="Clair"]
If there is a price difference between the price on the shelf and the price at the till, you should be entitled to the lower price, as long as it is not a glaringly obvious inconsistency (42" TV at 10€!). I say should because it is not law, but custom.
Point out the price difference politely and insist on the lower price and be prepared to leave the item if you don't get satisfaction.
[/quote]

So this is different from the UK, then?   In the UK, any retailer can refuse to sell anything to a customer.  So if a (UK) retailer is suspicious that a product is not the right price, the retailer can wirhdraw the product, even at the till, because the customer does not have the right to buy it at that or any other price.

I am prepared to be corrected on this point as I have not looked it up.  It is just gleaned from a close family member running a shop for 10 years.

[/quote]

It called Invitation to Treat. Day 1, Law of Contract, BA (Hons) Law . Basically, the price of goods displayed in a shop isn't legally binding on the shop. The shop has the right to refuse to sell at the advertised price. Never heard of it happening in the UK, cept in cases of "operator error", eg £0.99 instead of £99.00. Same would apply on-line, for a UK domiciled business. There is no corresponding law in France of which I am aware.

[Clarkkent]

[quote user="Panda"]

This is at odds to my experience in the UK, if an item it marked as a certain price then I've always got it at that price regardless, I always understood that was my right, perhaps it was just to get rid of me, I do complain loudly!

[/quote]

I'm sure a lawyer will correct me if I am wrong, but in English contract law a marked price is an "invitation to treat" - an opportunity to make an offer. An English contract comprised offer, acceptance, consideration and a willingness to establish a contractual relationship. So effectively, a customer is really saying "If I give you the labelled sum of money, will you give me the goods?" The trader may decline that offer and refuse to establish a contract. However, the cost - in terms of goodwill, reputation etc - may be too great to refuse the offer. On the other hand, an obviously mispriced item, like a 42" tv for £25 may be treated differently.

There are price labelling regulations and Sale of Goods legislation - and I am not sure how these impact on contract law, but I have heard of cases where goods have been withdrawn from sale because they are wrongly priced.

[Clair]

[quote user="Clair"]Just because it says "Offre Spéciale" in big letters does not mean it's cheaper...

Actually, it could be quite the opposite.[/quote]

Not just in France, it seems...

Which? report finds supermarket 'value' packs more costly than single items

[MerveilN]

Hey,

on the following site they explain in which cases the cutomers have the right to insist on the outwritten price: http://rfconseil.grouperf.com/article/0148/ms/rfconsms0148cliaff01.html

Another thing which makes me really angry in France is that some supermarkets (in my experience always the same) change the price etiquette but don't readjust the price in their operating system. When checking the receip you notice that they made you pay the old and higher price. Fore sure this is mostly only about some euro cents but they're doing this over the whole day and when it comes to some thousands of customers you can easily calculate their extra margin...

Hope the link helps out...

Cheers

[pachapapa]

The law in france is different from the UK and gives superior rights to the buyer, acting in good faith, to exercise his presumptive right to buy at the marked price.

The onus is on the vendor to get his/her act in order and get the prices marked correctly.

I have frequently taken advantage of this even, in dubious faith, when I know the marked price is in error.

In the event of an offer price being rung up incorrectly at the cash check out, the world stops while I fetch the offer publicity from the display point.

I have never had a complaint from fellow queuers to the contrary appreciative congratulations at "bugging " the system.

Note the idea of a "derisory price", a figure that no one would believe but be laughed out of the tribunal.