Free that is not free

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BDFL - Memuneh
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Geekzone

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#1081913 6-Jul-2014 17:37

As above, I am more interested in the unethical than legal - I don't think there's a legal framework to prevent companies selling products first distributed for trials, but sure think it's unethical.

MikeB4

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#1081914 6-Jul-2014 17:40

freitasm: As above, I am more interested in the unethical than legal - I don't think there's a legal framework to prevent companies selling products first distributed for trials, but sure think it's unethical.

Not a good look for a business that trades on trust and ethics.

riahon

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#1081918 6-Jul-2014 17:43

I can't recall ever seeing this issue on Fair Go. When you have cameras on you you can name drop geekzone.

nigelj

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#1081980 6-Jul-2014 18:52

To be fair, this sort of thing is why I've started to avoid the larger 'get people in the door' pharmacies (additionally the local 'large' pharmacy is run by a politician I don't like and has another pharmacist that gave me conflicting advice to official Medsafe advice (apparently okay according to HDC, not okay according to me)), apart from a recent dispensing mistake (unsealed bottle of 12 pills instead of sealed bottle of 60), I'd much sooner go to a community pharmacist... Support the local community businesses folks :)

As for the whole free when it's not free thing, this is something that has irked me in the past, I've complained twice to the Advertising Standards Authority, both times where about claims about "Free" been poorly qualified, businesses really need to get their act together (and really, some should know better) a lot of companies forget to take a few minutes to check things over and make sure everything is all above board and correct. When it comes to 'free' the obvious two questions are: "Does the customer need to pay above sticker price for the 'free extra'?" and/or "Are their any surcharges/fees we haven't CLEARLY disclosed to redeem/retrieve the free (text/voucher/doohickey/whatever/product/....)?". More often than not, it's the latter one that stumbles companies.

raytaylor

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#1082000 6-Jul-2014 19:01

If the bottle says "Not for re-sale" there is nothing preventing the dairy from selling it.
You can buy anything (not contraband) and sell it as you wish.
Its a fundamental part of trade.

Coke will put those "not for resale" notices on the cans to discourage dairy owners from selling them because the dairys are ment to purchase through the franchisee truck drivers who deliver the product and take the orders. Each can is more expensive that way.

If the bottle of cleaner says "free not for resale" then its priced as free. Thats it.
They are not allowed to put a shelf price sticker below a product that specifically states it is free on its own packaging.

If the pharmacy took the samples out of their packaging and were selling them without the specific "free" wording, then yes the inland revenue department or customs may need to know because if there was an import duty that was not paid, suddenly it does indeed need to be.
Of greater concern would be the GST - however the pharmacy will be paying the full gst on whatever they are charging you, and not claiming it back if they received the products for free under the guise as "samples" and as such wont be able to claim any of that GST back.

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surfisup1000

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#1082007 6-Jul-2014 19:10

freitasm: I think you folks are missing the "NOT FOR RESALE" in the packaging. If they are selling it (charging for it) then they are breaching the contract with their supplier, and trying to get money off the consumer at the same time.

Isn't it a matter between them and their supplier? Just like dairy owners who sell cokes labelled "not for individual resale" .

Personally, I don't mind as you're not being forced to buy.

surfisup1000

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#1082014 6-Jul-2014 19:18

raytaylor:

Of greater concern would be the GST - however the pharmacy will be paying the full gst on whatever they are charging you, and not claiming it back if they received the products for free under the guise as "samples" and as such wont be able to claim any of that GST back.

The gst is a 0 sum game for businesses so i don't see this as you do.

They pharmacist adds gst and pays that to the IRD.ie, net gst is 0.

The pharmacist didn't pay any gst on buying the product so there is no GST to claim back anyway. again, net gst is 0.

And maybe there is no import duty on such products anyway.But, i'm not sure the OP was worried about this aspect anyway.

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old3eyes

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#1082018 6-Jul-2014 19:22

raytaylor: If the bottle says "Not for re-sale" there is nothing preventing the dairy from selling it.
You can buy anything (not contraband) and sell it as you wish.
Its a fundamental part of trade.

Coke will put those "not for resale" notices on the cans to discourage dairy owners from selling them because the dairys are ment to purchase through the franchisee truck drivers who deliver the product and take the orders. Each can is more expensive that way.

If the bottle of cleaner says "free not for resale" then its priced as free. Thats it.
They are not allowed to put a shelf price sticker below a product that specifically states it is free on its own packaging.

If the pharmacy took the samples out of their packaging and were selling them without the specific "free" wording, then yes the inland revenue department or customs may need to know because if there was an import duty that was not paid, suddenly it does indeed need to be.
Of greater concern would be the GST - however the pharmacy will be paying the full gst on whatever they are charging you, and not claiming it back if they received the products for free under the guise as "samples" and as such wont be able to claim any of that GST back.

From memory the Coke not for resale was covered on Fair Go last year and it's perfectly legal. It;'s got something to do with stopping the like of super markets reselling them as one and twos. I think that there are no bar codes on the items..

Regards,

Old3eyes

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BDFL - Memuneh
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#1082024 6-Jul-2014 19:43

surfisup1000:
freitasm: I think you folks are missing the "NOT FOR RESALE" in the packaging. If they are selling it (charging for it) then they are breaching the contract with their supplier, and trying to get money off the consumer at the same time.

Isn't it a matter between them and their supplier? Just like dairy owners who sell cokes labelled "not for individual resale" .

A different thing between a can of coke "not for individual resale" and a product that is clearly labelled "PROFESSIONAL SAMPLE - NOT FOR RESALE". It clearly indicates to me it's a freebie.

Gilco2

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#1082035 6-Jul-2014 19:56

I really dont know the legalities of selling a professional Sample or free sample. However if it is legal it most definitely is unethical. The days of people having ethics and integrity seem to be over now.

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#1082041 6-Jul-2014 20:06

raytaylor:
If the bottle of cleaner says "free not for resale" then its priced as free. Thats it.
They are not allowed to put a shelf price sticker below a product that specifically states it is free on its own packaging.

I don't believe that's correct - same as the hoohah over "Recommended Retail Price" where a manufacturer can recommend all they like and print the recommendation on the packaging, but under the first sale doctrine the retailer is not required to abide by it and can price it however they like.

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#1082045 6-Jul-2014 20:12

mattwnz:
Is there a law that prevents that though. Or is it just an agreement between the retailer and the manufacturer/supplier. The manufacturer may not like it, but many dairies I believe buy their stuff from the supermarket, not from the supplier, as it can be cheaper for them. I often see a local diary owner with their trolley full of stuff in bulk.

There actually can be issues stopping it, as the individuals in the pack often do not have all the labelling requirements to be sold.

Mind you, NZ isnt as picky and stupid about minor details like that as somewhere like NYC is, so I expect it would go unpunished here vs what happens over there.

Richard rich.ms

surfisup1000

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#1082048 6-Jul-2014 20:13

freitasm:
surfisup1000:
freitasm: I think you folks are missing the "NOT FOR RESALE" in the packaging. If they are selling it (charging for it) then they are breaching the contract with their supplier, and trying to get money off the consumer at the same time.

Isn't it a matter between them and their supplier? Just like dairy owners who sell cokes labelled "not for individual resale" .

A different thing between a can of coke "not for individual resale" and a product that is clearly labelled "PROFESSIONAL SAMPLE - NOT FOR RESALE". It clearly indicates to me it's a freebie.

Yes, what they are doing is wrong. I agree with that.

richms

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#1082050 6-Jul-2014 20:16

I would actually say they are doing nothing wrong at the pharmacy, unless it was actually labeled free sample they have 2 different offers at 2 different prices.

Richard rich.ms

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#1082059 6-Jul-2014 20:45

Well I am just glad that we got peace in the middle east and world hunger out of the way so we can work on important issues like this!

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