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must a retailer honour an item's sale price tag if there's no expiry date on tag?

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Went into a popular retailer today, was purchasing an item price tagged at $99... got to the till and they said it was $229. I showed them the price on the shelf that clearly reads $99 and they refused to honour it. She explained the sale ended yesterday they hadn't had time to change the shelf price tags. I said that's not my problem... wtf? lame.

 

I asked for a manager, she had left for the day. The clerk said she would have a manager call me to discuss. I took a photo of the item and the shelf tag clearly beneath it that reads $99, and left.

 

Super pissed!!

 

Don't they have to honour the price tag? There is NO EXPIRY DATE on the tag!!

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Yes, they do. I'm pretty sure that's the law in Ontario. In fact, places that participate in the Scanning Cod of Practice will offer either an additional 10% off the sale price or, if the item is low enough in price, free (though there are plenty of criteria hat have to be met for that with tonnes of political double speak). When/if the manager calls you, let them know that you ave the pic of the said item and the price to backup your claim, and perhaps insinuate that it may wind up on social media.

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While it would be good practice to do so i don't think there is any legal requirements to do so.

 

Just my opinion

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I think if the product is the same that's on the tag then you would have a case and I would think they would have to honor it... However if the tag is of a different product then I don't think they would have to... Double check it's the same item... Hopefully it works out for you :)

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oh it's most certainly the same product. The clerk told me the price was $99 ... just as I read on the tag, but when it scanned and she saw the $229 she checked and saw the sale had ended and the tags should have been removed.

She told me that they had been too busy to remove the tags, and that the manager should have done it first thing this morning. This was at 445pm.

 

I'm calling BAIT & SWITCH ... bait me with a low price and nail me at the till! you guys would not write a favourable review if I did that to you... am I right?

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I think bait and switch might be a stretch on this, could just be an honest mistake and never got removed... But should honor the price.

 

Depending on the store but they could have hundreds of these little tags around and someone could have just missed this one and it does happen, but that's their fault and not yours.

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It would seem to me that the listed/tagged price is what the retailer must sell the item for. The retailer tagged it, they are responsible for the pricing and labelling of inventory on their shelves they wish to sell

That said, that is only my opinion

This may be of more help though

http://www.retailcouncil.org/memberservices/consumerprograms/scanner-price-accuracy

Good Luck

 

RG

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Good business practices, company policies or industry voluntary codes of conduct are just that "voluntary" so in my opinion there is no legal requirement for the retailer to honour the price.... many reputable retailer would.

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Guest S*rca****sid
An action under the consumer protection act would be very difficult as it would require the establishment if the fact that the retailer was deliberately renegotiating the price when their position will be it was simply a price tag error. Some evidence of a repeated common practice of deceiving customers would be needed.

 

That said I would pursue the manager to pressure him to do the right thing and honour the price

 

Just my opinion.

As Jessica stated in her previous post, she took photos as evidence. A price tag error is still an error on the retailer and not the consumer. If a retailer advertises a price and then says it's another, then it is renegotiating.

 

This exact scenario happened to a friend of mine. He asked me to help him pick something up at a national retailer. When we went to pick it up from the isle, he noticed that the price was $50 cheaper than advertised on their website. So he took a photo with his cell phone. As we were going through the check-out, the cashier quoted the online price, and my friend said there was a different price on the shelf. He also told the cashier that he had a photo of the price tag, but before he could take his cell phone out, the cashier apologized and charged him the shelf price.

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you're a rock star! I found the voluntary code but noticed as you said that not all retailers have adopted that practice, nor are they obligated to.

 

The other links will be most helpful, thanks again! Especially this part:

 

False, misleading or deceptive representation

14. (1) It is an unfair practice for a person to make a false, misleading or deceptive representation. 2002, c. 30, Sched. A, s. 14 (1).

Examples of false, misleading or deceptive representations

 

"11. A representation that a specific price advantage exists, if it does not."

 

 

mwah!:makeout:

 

I don't think a case of not removing the sale tag for an advertised time limit special price (which can be verified by showing the sale flyer) would qualify to be 'false, misleading or deceptive'. However, if this was a small shop and you were dealing with the owner, chances are you would get the sale price regardless of the sale time ending. With those auto matic update computerized large store set ups, I doubt if a typical cashier would be able to make that price adjustment.

 

There should have been a customer service or alternate person for them to check with tho, and that should have been their 2nd step. The first one to tell you that the sale ended, (and hope you say ok, then, sale ended, oh well, and the 2nd one to deal with the fact that you might be that customer who doesn't accept that sale ended as a reason to not get the lowest price.

 

Which I'm sure they have dealt with more than once, or being on cash, they would have to know the response to be able to deal with this on the spot.

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Would it make a difference if I told you it was Bell World?

 

When I called Bell Customer Service they said to go back tomorrow and demand the lower price from the store manager.

 

But as far as I know, Bell World is not run by Bell. Anyone know?

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Guest S*rca****sid

Bell store are like any other franchise stores, some are owned by bell and some are independently owned. I had my own experience at a bell store in the past and was told that that specific store was a franchise owned by a company.

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As Jessica stated in her previous post, she took photos as evidence. A price tag error is still an error on the retailer and not the consumer. If a retailer advertises a price and then says it's another, then it is renegotiating.

 

This exact scenario happened to a friend of mine. He asked me to help him pick something up at a national retailer. When we went to pick it up from the isle, he noticed that the price was $50 cheaper than advertised on their website. So he took a photo with his cell phone. As we were going through the check-out, the cashier quoted the online price, and my friend said there was a different price on the shelf. He also told the cashier that he had a photo of the price tag, but before he could take his cell phone out, the cashier apologized and charged him the shelf price.

 

Just to be clear I think the retailer should honour the posted price and I would push for that to happen. All I am saying is that the legal remedies being suggested are not that simple there would have to be proof of a "guilty mind" an intention on behalf of the retailer to mislead the public and/or a history of using such inappropriate business practices. One instance of a retailer failing to remove a store shelf tag after the conclusion of a sale would be difficult to win.

 

There have been a number of recent cases where online electronic flyers gave listed stuff at the wrong price and companies have not honored the price but simply said it was a mistake.

 

Would I pursue the manager yes would I pursue legal action No.

 

Just my opinion.

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For contract law, there has to be both an offer and acceptance. It has been determined that a price tag on an item does not constitute an offer, but merely an invitation for the potential customer to make an offer. The merchant is not obligated to accept it. Therefore a mistake on a price tag does not legally bind them. (at least this is how it was explained to me many years ago in an intro to business law course).

 

Many retailers will choose to honor small mistakes anyway in the interest of customer service, but that is at there own discretion to my understanding. If there is intent to mislead, there may be grounds for some sort of false advertising complaint, but if it is a mistake, then I think you are out of luck.

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Guest *Ste***cque**

Hi Jessica,

 

The law isn't so onerous that it forces a retailer to honor an honest mistake, especially if the sale hasn't been completed. Whether the price tag showed $99 or even $2.29 instead of $229, if it wasn't rung in they can simply advise you of the correct price and go from there.

 

It doesn't hurt to complain however. All businesses want satisfied, loyal customers so they may be receptive to your complaint if you are polite, smile and express your concern and exactly what you would like to see happen. The key is to be reasonable with your ask. As a business owner I want happy customers but if I feel they simply want to take advantage of an error I made with no compromising, they're not a customer I want. I will tell them that's not reasonable and might even get my back up and have zero interest in helping them further. Politeness begets politeness, usually.

 

Good luck!

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I'm not sure what other provinces laws are, but I know for a fact that in Quebec there is a law about exact price. I use to work in a grocery store a long time ago and when I shop I still see the sign stating these rules.

 

 

http://m.opc.gouv.qc.ca/en/consumer/topic/price/en-prix-indique-en-magasin/superieur/prix-tablette/

 

I remember we would have the regular customers who would purposely come in on new flyer day as soon as the store opened and check for mistakes.

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hell YES!

 

Called Bell Customer Retention and Loyalty department today. Got a nice $130 credit on my account, and a big fat sloppy apology :D

 

Consider the other freebies I got in store and they almost paid for my time too :p

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hell YES!

 

Called Bell Customer Retention and Loyalty department today. Got a nice $130 credit on my account, and a big fat sloppy apology :D

 

Consider the other freebies I got in store and they almost paid for my time too :p

 

Good for you...

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Guest N***he**Ont**y

I called to cancel both my Telus accounts today for my cell phones for work and home. They offered me a new plan with unlimited long distance across Canada and unlimited SMS and adjusted my data plan too. I am saving a little bit more off my old plans as I am now on one plan. I will stay for another year now I guess.

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