Posted on February 27
These days, I see several interesting (and temporary) sales from merchants. But when the time comes to buy, the stocks are insufficient. Isn’t there a regulation stipulating that during a sale, the merchant must have an adequate number of products in stock?
Jean-Robert Bourdage
No, but what a nuisance, all these fake discounts that give consumers the impression that they are taken for trout!
Mr. Bourdage, we understand your disappointment when a business specializing in pet products attracts you to the store with a discount on cat food… which is no longer on the shelves.
We share your annoyance when you phone a furniture store announcing a discount of several hundred dollars on a loveseat… which won’t be available for at least six months.
In the industry, it is good practice to conduct “bait and switch” sales by displaying an item at an artificially low price to drive in-store traffic and profit from the sale of other items. But if this product is not available, it becomes downright phishing.
With the pandemic, we know that disruptions in supply chains have given retailers a hard time. Despite everything, they are not allowed to display false discounts to attract customers to the store, who then find themselves in front of empty shelves.
In fact, section 231 of the Consumer Protection Act (LPC) prohibits a merchant from advertising a product of which he has an insufficient quantity, unless his advertisement indicates that the quantities are limited and specifies the quantities available. “Limited quantity” or “while supplies last” are not sufficient.
If a product on sale is out of stock, consumers can ask the merchant for an equivalent product of an equal or higher price. They can also ask for a deferred purchase coupon, a practice that has become widespread in the retail trade.
Merchants can choose the solution they prefer. But they can’t sit idly by and let the customer walk away empty-handed. In this case, consumers can file a complaint with the Consumer Protection Office (OPC).