Elvery's Buy One Get One Half Price

Muppet Man

About 4 weeks ago I bought a pair of runners in Elvery's under the Buy One Get One Half Price deal. This deal allows you to buy two of the same items and get the second item at half price.

At the time of purchase the sales assistant told me they didnt have a second pair of the same runners in my size, but they were getting more stock in the next few weeks and I could still avail of the Buy One Get One Half Price. I said that this suited me as I was going on holidays for 2 weeks anyway. I asked if I had to order them and he said it wasnt necessary as the stock was coming in. The store manager on the day said they would honour the deal when they got the new stock in and the Sales Assistant literally hand wrote this on the receipt. "Can Avail of BOGOHP", and signed his name to it. I only paid for the first pair of runners (170 euro), and not the second pair.

I went back to the store 4 weeks later (yesterday) and was told by the store manager (a different girl) that the deal had ended and that she wasnt willing to give me a pair of runners for half price, even though I showed her on the receipt the hand written note by the Sales Assistant. The Sales Assistant in question was in the store and he confirmed that he written it. The Store Manager said that the BOGOHP offer/deal had ended "two or three weeks ago" and there was no way I could available of the offer now.

My point to her was:
* at no stage when I was purchasing the goods did Elvery's mention that the BOGOHP deal was about to end
* at no stage when I was purchasing the goods did Elvery's mention that I could NOT avail of the offer if the BOGOHP deal ended
* a hand written and signed receipt from the store (with the store manager present) is tantamount to a contract, and should be enough for Elvery's to honour the deal.

Store Manager is not moving but is willing to discuss further with her own manager next week.

I feel fairly aggrieved by this so I am willing to contact the National Consumer Agency, and if necessary (I really hope its not), the small claims court.

Looking for opinions on this if people think I'm fighting a losing battle.

Muppet Man.

JimsAlterEgo

I would have said what you have is a contract and at no stage were you told or did they add to the receipt that there was a time limit. Your problem will be how to enforce the contract.

Muppet Man

Thanks Jim... appreciate the response.

wmpdd3

Small claims court is not going to be any help here.
I would write to the store manager with a photocopy of the receipt showing the deal made asking for the second pair at half price our a refund on the first pair as the contract you agreed to has been broken.
The fact the offer has ended is of no concern to you as a different sales contact was offered to you at the time of purchase, if the shop wants to pull out now, you should be allowed to pull out to.

To me it looks like you should have been asked to pay in full for the two pair and collect the second one after your holidays, but that's their problem not yours.

Muppet Man

Thanks wmpdd - some good points there. Well the store manager has seen the receipt now with the hand written addendum on the receipt, so I was fairly shocked that she wasnt going to follow through with the deal. I'm waiting now to hear from her manager early next week. I've considered asking for a refund on the original pair of runners, which might be the easiest option.

Thanks again.
Muppet Man.

sandin

Surprising that a store like elvery's would do this - you purchased the deal / offer when it was on, they were unable to provide you with the offer and gave you an undertaking (even if its just written on a receipt) to honor the offer at another date.
The fact that the offer is over is of no concern to you as you availed of the offer within the dates it was available.

Even decent customer service should apply in this case - problem when some companies get too big, they forget that its the customer that is the most important part of the business.

I'd go back in when the person you were dealing with is there and get them to honour it.

idontbelieveit

Hi Muppet Man

How did you get on ? Something similar happened me this weekend, when I bought stuff at Elverys at Christmas and they gave me gift cards and now they say the gift cards are out of date and they wont honour them.

The response and service so far has been unbelievable

Thanks

Muppet Man

Hi,

Ironically I resolved this issue today with Elvery's.

I had contacted the National Consumer Agency (NAC) and explain the situation to them. I have to give top credit to the NAC. Extremely professional. Quick to answer the phone, very professional on the phone, gave me the impression that they were very interested in talking to me. After I told the chap my story, he put me on hold to review the details and came back to me in under a minute to explain, as a consumer where I stood and what my next options were.

As a consumer, Elverys had entered into a contract with me to sell me a pair of runners at full price and a second pair at half price. This is what was advertised and this was my intended purchase when I entered the store. They Reaffirmed this contractual position by writing on the receipt "Can Avail of Buy One Get One Half Price". The fact that they were now following through on the deal meant that they were in breach of the original terms of the sale, and therefore in breach of the contact. I was then in position to
a) Request a full refund on the pair of runners that I did purchase or
b) Request Elverys to follow through on their side of the contract and sell me the second pair half price. Failure to do so would put me in a position to take legal action against Elverys for breach of a sale contract.

The NCA advised me to contact Elvery's and remind them of their duty to consumers, my consumer rights, and to also mention to Elverys that I had been talking to National Consumer Agency. I can not tell you what a pleasure it was to deal with the NCA. Totally unbiased, willing to listen and instant advice. They can not intervene on your behalf, but thats OK. The Advice is free, and thats what brilliant about it.

I contacted the Elvery's store and before I could get into my well rehearsed speech on consumer rights, they said that the "Buy One Get One Half Price" deal was starting again today (Wednesday 31/July), and they were willing to follow through on original agreement. So without the need to remind them what their duty was, they were willing to come across anyway. It was somewhat bitter sweet, as I get the feeling that if the Buy One Get One Half Price deal wasnt starting again, I might have had to remind them that I was talking to the NCA.

I picked up the second pair of runners today. No questions/quibbles.

To be fair to Elvery's they were quite professional about the whole thing, even though I feel their stance on the situation was a bit stubborn/misguided. It wont stop me from shopping in Elvery's again.

I dont know about your Gift Cards to be honest. Didnt know they could go out of date. But I strongly encourage you to talk to the NCA. Wonderful bunch of people. Their number is 1890 432 432 .... they will set you straight fairly quickly about whether or not you have legitimate complaint.

Thanks to all on here for their advice.

Good luck,
Muppet Man.

scoooby

Hi Muppet Man,

I like Elverys and usually find them very helpful. I think their treatment of you is totally unacceptable. You had a contract as far as I am concerned and it is only by chance that the situation resolved itself. For the sake of fairness and good customer relations they should have honoured their commitment to you even if the sales assistant was wrong.

They now have a similar instore promotion in relation to footwear, clothing and backpacks (I think the third thing is backpacks). So I bought a hoodie for my son and some plain white Nike socks a few days back. Guess what? Socks are not clothing according to them. No, they are accessories!

I then bought two pairs of Nike running shorts for my boys yesterday. Surely these count as clothing? Of course not! They are technical gear according to Elverys.

So, lets get this straight - a sports shop which sells normal items you wear (and we're not talking about gumshields or hurling helmets) does not regard the commonplace sporting apparel items I bought as clothing despite the fact that they list the kids' shorts as zero VAT on the receipt (which is the rate for kids' clothing). Go figure!

Maybe the clothing they mention in their promotion refers to their ladies hosiery section or their wedding outfit section which I didn't notice.

Using their logic, runners aren't footwear - no they would be technical gear. When it comes down to it, you could redefine anything, but I think most people know what 'clothing' means and Elverys are just being dishonest in my opinion.

I'm off now to feed my canine domicile protector - he's not a dog you know, despite the fact that he looks and smells like one and therefore I don't need to pay for a licence! Hurray.

LeoB

My wife had problem there the other day. Will check details and get back on here tomorrow. But appeared more like a staff member was not fully sure what offer was what, She looked like a staff member, dressed like a staff member but must have been an actress;)