The sales have started again and as a consumer you are quite justified to wonder whether that bargain really is a bargain or why one of the products you wanted to buy has not been discounted while another one has. What is allowed and what is not? And what are your rights as a consumer?
Sometimes it is quite a complicated state of affairs: 20 per cent reductions, 30 per cent or even 60 per cent and not always on everything, and sometimes not for everybody. On the face of it, just about anything goes. But is that really the case?
The lowest price is the real price
It happens that the price at the checkout does not match the price on the (discounted) label. Someone made a mistake and that's OK, but should the consumer lose out? "The seller must charge the lowest price. That must also be the price at the checkout," says Lien Meurisse of the Economy ministry.
Bargains are for everyone, unless the conditions are very clearly stated
If items are on sale, the discount applies to all customers. Even if you don't have a loyalty card, you should in principle get that sale discount. In principle, because if the discount terms are clearly stated and you can clearly see whether you are eligible for the discount or not, you may not be entitled to it.
The retailer decides which items are on sale and which are not
Some shops choose not to discount last autumn's clothes. Older items are on offer. Not nice to discover, but it is allowed. The law does state that only goods that have previously been on sale for at least 30 days can be offered in shops under the designation of sales. "That is the so-called reference period," explains Lien Meurisse. "Other than that, it’s up to the retailer to decide what he or she discounts."
Misleading customers is prohibited
If you find you are duped e.g. by a coat that is supposedly discounted but is actually the same price as before the sales period, then, as a customer, you are always allowed to protest. If items are on sale, the discounted price should always be lower than the reference price.
"That reference price is the lowest price during the 30-day period prior to the announcement of the price reduction. The reference price remains the same even if discounts are increased in the course of the sales."
If the discounted price is not calculated from that reference price, then as a customer you are misled and, in Belgium, you can even claim your item for free.
Unfortunately, you will have to go through the courts and most people will shy away from a complicated legal procedure. You can also always notify the economic inspection in English through the economy ministry hotline, which can then sanction the shop.