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Are Tesco breaching some laws here...?

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  • 29-04-2014 11:24pm
    #1
    vicwatson
    Registered Users Posts: 28,404 ✭✭✭✭


    This is on their website now on 29th Apr
    Bulmers Cider 8 Pack 8X500ml

    Alcohol can only be delivered between 11am and 10pm Monday to Saturday.
    Alcohol can only be delivered between 1pm - 10pm on Sunday.
    save.pngSAVE 6.59 Was 18.59 Now 12.00 valid from tomorrow (30/4/2014) until 20/5/2014
    infoBlue.gif


    €18.59 (€2.65/each)
    Add to basket

    Quantity

    But you see I bought these for €12.00 last Friday.

    Do they not have to have them at the higher price for 28 days to claim they are "on sale" from €18.59 to €12.00 ???

    As I said I bought some @ €12.00 last Friday and now they are claiming they were €18.59 ?


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    #2
    foggy_lad
    Closed Accounts Posts: 20,373 ✭✭✭✭foggy_lad


    vicwatson wrote: »
    This is on their website now on 29th Apr



    But you see I bought these for €12.00 last Friday.

    Do they not have to have them at the higher price for 28 days to claim they are "on sale" from €18.59 to €12.00 ???

    As I said I bought some @ €12.00 last Friday and now they are claiming they were €18.59 ?
    Tesco are as bad as Argos with imaginary sales and made up previous prices!


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    #3
    vicwatson
    Registered Users Posts: 28,404 ✭✭✭✭vicwatson


    They must be in breach of the law though no?


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    #4
    Snake
    Closed Accounts Posts: 1,844 ✭✭✭Snake


    They can sell it for whatever they want I've never heard of a law against it


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    #5
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    Could be an offer thats been extended?

    so could have been on offer already at €12 and due to end on the 30/04 so thats why the start date of the offer comes up as the 30/04 as if its a new offer.

    hope that made sense :D


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    #6
    dudara
    Registered Users Posts: 33,518 ✭✭✭✭dudara


    As long as it was on sale somewhere in the Tesco network for a higher price, then I think they are covered.

    Honestly, the only way to judge prices is to assess what the value is to you.


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    #7
    vicwatson
    Registered Users Posts: 28,404 ✭✭✭✭vicwatson


    retrogamefan wrote: »
    They can sell it for whatever they want I've never heard of a law against it


    Of course there is no law against selling the product for whatever price they like but afaik they must have been selling the product at the higher price for the previous 28 days in order to claim it is now "on sale" at the lower price.


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    #8
    vicwatson
    Registered Users Posts: 28,404 ✭✭✭✭vicwatson


    dudara wrote: »
    As long as it was on sale somewhere in the Tesco network for a higher price, then I think they are covered.

    Honestly, the only way to judge prices is to assess what the value is to you.

    So which law covers this - SOGASOS act 1893/1980 ???


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    #9
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    its prob the Express's covering them then because they work out about 10-15% dearer than big stores and they also dont have alot of the offers big stores have.

    Not sure what act in particular covers this


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    #10
    dudara
    Registered Users Posts: 33,518 ✭✭✭✭dudara


    vicwatson wrote: »
    So which law covers this - SOGASOS act 1893/1980 ???

    Don't think it's SOGAS - here's a link to the topic from the NCA. They might be able to tell you what specific piece of legislation covers this.

    http://www.consumerhelp.ie/price-promotions


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    #11
    angeldelight
    Registered Users Posts: 5,175 ✭✭✭angeldelight


    It's a misleading practice uder the Consumer Protection Act 2007 to say something was a higher price and is now a lower price UNLESS the product was on sale at the higher price for 28 consecutive days in the last 3 months in that location. So Tesco aren't breaking any law so long as sometime in the last three months the price was the higher one


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    #12
    wmpdd3
    Registered Users Posts: 9,624 ✭✭✭wmpdd3


    it is just an offer that is being extended.

    but what about Sun tan lotion? it's half price everywhere for 5 months every summer, when it's not it's bogof.

    also the mega packs of nappies are half price on the first week of the month, but not full price for a full 28 days before that week.


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    #13
    01902
    Registered Users Posts: 291 ✭✭01902


    I was under the impression the 28 days just a guide and not law?


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    #14
    WildCardDoW
    Registered Users Posts: 842 ✭✭✭WildCardDoW


    angeldelight wrote: »
    It's a misleading practice uder the Consumer Protection Act 2007 to say something was a higher price and is now a lower price UNLESS the product was on sale at the higher price for 28 consecutive days in the last 3 months in that location. So Tesco aren't breaking any law so long as sometime in the last three months the price was the higher one

    And good luck proving that it wasn't! :D


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    #15
    angeldelight
    Registered Users Posts: 5,175 ✭✭✭angeldelight


    01902 wrote: »
    I was under the impression the 28 days just a guide and not law?

    Maybe it used to be but since Consumer Act 2007 was enacted its a law


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    #16
    slimjimmc
    Registered Users Posts: 7,786 ✭✭✭slimjimmc


    angeldelight wrote: »
    Maybe it used to be but since Consumer Act 2007 was enacted its a law

    If you mean the Consumer Protection Act 2007 I don't see anything in that act that states a price must be displayed for at least 28 days.
    Can you reference the relevent section because the only mention of 28 days I can find is Sect 85 which states that a prosecution will not occur if a €300 fixed penalty for an offence under the Act is paid within 28 days .


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    #17
    wingnut
    Registered Users Posts: 1,939 ✭✭✭wingnut


    In this case they DO NOT use the word 'sale' so the act does not apply. You get this a lot - 'special price' 'low price' 'save' etc all avoiding the use of the word sale.


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    #18
    slimjimmc
    Registered Users Posts: 7,786 ✭✭✭slimjimmc


    wingnut wrote: »
    In this case they DO NOT use the word 'sale' so the act does not apply. You get this a lot - 'special price' 'low price' 'save' etc all avoiding the use of the word sale.

    The word "Sale" doesn't affect if law applies or not, the purpose of a shop is that everything is on "sale". A "sale" does not automatically mean lower prices unless a discount is claimed so it's not an issue so long as they don't mislead the consumer by claiming false discounts.


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    #19
    Greenmachine
    Registered Users Posts: 5,063 ✭✭✭Greenmachine


    The requirement is the item must have been priced at the higher price for an unbroken 28 day period within the last 3 months. Lots of room for floating prices there.


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    #20
    matt-dublin
    Registered Users Posts: 4,468 ✭✭✭matt-dublin


    might have been more expensive online than in store.

    also im not sure if the regulations apply to online sales.


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    #21
    skelligs
    Closed Accounts Posts: 196 ✭✭skelligs


    vicwatson wrote: »
    They must be in breach of the law though no?
    vicwatson wrote: »
    Of course there is no law against selling the product for whatever price they like but afaik they must have been selling the product at the higher price for the previous 28 days in order to claim it is now "on sale" at the lower price.
    angeldelight wrote: »
    It's a misleading practice uder the Consumer Protection Act 2007 to say something was a higher price and is now a lower price UNLESS the product was on sale at the higher price for 28 consecutive days in the last 3 months in that location. So Tesco aren't breaking any law so long as sometime in the last three months the price was the higher one

    angeldelight wrote: »
    Maybe it used to be but since Consumer Act 2007 was enacted its a law
    Greenmachine wrote: »
    The requirement is the item must have been priced at the higher price for an unbroken 28 day period within the last 3 months. Lots of room for floating prices there.


    All incorrect.

    If it was the UK, it would be correct, but we are not the UK. In the UK the big box store just change tactics and say "after event price" - which is even worse that claiming a sale price as it could theoretically be put up for just a wet Monday and then brought back down. At least here the law states that a retailer cannot be "misleading" but does not give any guidelines or rules about length of time the previous price has to be on for.



    In the OP example, Tesco could show that the product does normally sell for the higher price both in its stores and in many other stores and therefore they can quite correctly say its an offer and reduced from a normal price.

    The fact that they had the same off running the previous week is neither here nor there as many retail stores extend offers for various reasons.

    AFAIK A 500ml can of bulmers is about €2.30, so 8 for €12 would suggest a special offer and therefore not misleading.


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