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BDFL - Memuneh
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# 148948 6-Jul-2014 16:26
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A few weeks back I went to a pharmacy to get some cold medicine. While there I bought a bottle of contact lens cleaner solution. The girl behind the counter saw that and gave a gift, a box clearly labeled "PROFESSIONAL SAMPLE - NOT FOR RESALE" containing a 60ml sample bottle. All good...

Last week I walk into a pharmacy at Lambton Quay (WLG) and see all these little 60ml bottles, no box, being sold at $5.99 each.

The bad guy here thought "They probably have truckloads of those free samples, took them all out of the box and are now selling these instead of giving away" - which in itself would be a no-no because a free sample doesn't pay the same tax as other products, etc. But that's just me being the pessimist that think lots of companies are out there to profit regardless of how.

Anyway, today I went to the Life Pharmacy at Johnsonville Mall to buy my contact lens cleaner. They had a box with both a 300ml and 90ml for $24.99... And the same box (below) with an extra 60ml of those "PROFESSIONAL SAMPLE - NOT FOR RESALE" attached. Of course I took this one to the counter, to be told "$32 please".

I pointed out it's actually $24.99 and the lady replied "yes, but this one comes with a third bottle". I pointed out "yes, but the bottle is a sample, not for resale and you are charging $7 more for it". At that point, she just rolled her eyes, and I walked out without buying anything.







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  # 1081878 6-Jul-2014 16:28
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One for the comcom

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  # 1081880 6-Jul-2014 16:32
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Are you going to boycott that pharmacy over this issue? I'd certainly feel the same way about it as you did.




Whatifthespacekeyhadneverbeeninvented?


 
 
 
 


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  # 1081882 6-Jul-2014 16:34
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Only catch is that it doesn't actually say "free" on the sample bottle.  I would agree that you would expect that the sample bottle is free, but the comcom might not necessarily agree (or at least agree enough to launch an investigation).

I would tend to see your pessimistic view as perhaps being a little more accurate than you intended though.



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  # 1081883 6-Jul-2014 16:34
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DarthKermit: Are you going to boycott that pharmacy over this issue? I'd certainly feel the same way about it as you did.


I didn't buy the product and don't plan to buy anything from them now. I have an option in Johnsonville and have other options in town if needed.




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  # 1081884 6-Jul-2014 16:34
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That certainly isn't good, especially for a chemist which should have very high standards. I wonder if the manufacturer would be happy that the samples had been unboxed and were being sold. Potentially it could be a health risk too if they get tampered with, as one reason they would probably be in a box is possibily to prevent someone opening them, and once they get opened, they may not be sterile.



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  # 1081885 6-Jul-2014 16:35
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Kyanar: Only catch is that it doesn't actually say "free" on the sample bottle.  I would agree that you would expect that the sample bottle is free, but the comcom might not necessarily agree (or at least agree enough to launch an investigation).

I would tend to see your pessimistic view as perhaps being a little more accurate than you intended though.


It's a "sample" and "not for resale". They shouldn't be able to charge for it just for those words.






 
 
 
 


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  # 1081893 6-Jul-2014 16:49
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What about cans of coke that say not for individual sale yet many dairies sell them anyway?


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  # 1081899 6-Jul-2014 16:59
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Yabanize: What about cans of coke that say not for individual sale yet many dairies sell them anyway?



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.

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  # 1081900 6-Jul-2014 17:01
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I dont think any laws have been broken.  What are the special taxes you are talking about?  I think the person most likely to be peeved is the supplier who the chemist would have a contract with, which likely deals with these situations.

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  # 1081902 6-Jul-2014 17:15
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Yabanize: What about cans of coke that say not for individual sale yet many dairies sell them anyway?



From what I've read this is usually because the manufacturer only tests and prints nutritional info on full "for retail sale" packaging.  Although in NZ I've noticed that the nutritional info is actually even on the not for sale cans.  I don't think that legally that statement has any force.  But like Mauricio says, a consumer reading it could reasonably assume that "professional sample" means "sample", which means "free".

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  # 1081903 6-Jul-2014 17:15
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Their sin is to put the wrong price on the product ($24 then telling you it is $30). 

They can sell their samples if they like, I doubt there is a law preventing this.  Although, their supplier may provide fewer free samples in future if they find out about this. 

But, I don't think the comcom will be bothered with this one though. Maybe you'd be better off contacting the supplier and narking on them :)




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  # 1081906 6-Jul-2014 17:18
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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.






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  # 1081909 6-Jul-2014 17:28
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Drop a note with these details to the distributor.

 

 

 

A.

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  # 1081910 6-Jul-2014 17:28
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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.


Not necessarily.  Unless they get a paper contract with it that explicitly states they may not sell it, then there is no contract and first sale doctrine applies (which is to say, once a product has been sold by the manufacturer, it exhausts their right to control what is done with the product).

While this has only actually been tested in the US courts thus far to my knowledge, our bag of laws pertaining to it are similar enough that NZ law would most likely find the same way.

While legally it's almost certainly OK, the supplier is almost certain to be unhappy about it, and it's certainly unethical as all heck IMO.

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