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  Reply # 1082492 7-Jul-2014 15:48
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The other thing to consider,  is that there maybe two types of the same small bottle, one that is sold, and one that they use as a sample. So the sample one comes in a box, and the one they charge for looks the same, but comes unboxed. So there maybe a simple explanation for it. The small bottles without the box don't still have 'not for resale' on them do they, or it is just the outer box that says it?

gzt

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  Reply # 1082498 7-Jul-2014 16:05
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There is a specific US regulation where this wording is used:

http://www.accessdata.fda.gov/scripts/cdrh/cfdocs/cfcfr/CFRSearch.cfm?fr=203.38

My guess it relates to that market and has no specific legal meaning in NZ. But who knows? Maybe we do have a regulation of some kind about sample product supplied to professionals.

Surplus sample stock from USA? Market dumping in other words, but nothing wrong with the product.

Imho it is a very bad look selling things retail with this printed on it. If I had a store, I would not want this in it. Either you give it away or it's buy one get one free.

gzt

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  Reply # 1082529 7-Jul-2014 16:20
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Btw, used to work in a kind of retail. Not pharmacy. Occasionally product was ordered with another product 'free' packaged together. In each case sales manager made decision:

1. Keep products together and sell as a unit
2. Break and sell separately
3. Break and use as giveaway bonus for top customers

Imho this is very common practice. Visiting distributor sales reps would not infrequently suggest #2 as a way to maximise value.

For obvious reasons which led to this thread it cannot be considered if the offer is printed on the packaging.

So in this case, either the store is doing it, or the distributor is doing it.

Either way, bad decision.

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  Reply # 1082583 7-Jul-2014 18:07
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KiwiNZ:
Kyanar:
Satch:

We are not in the States and the word INTENDED doesn't feature here.  I miss the point of your post.


First Sale Doctrine originates in Common Law, from which NZ law derives as well.  Hence the principle would apply in NZ equally. Which is why I'm saying that it's unlikely this would be a legal issue - however it is an ethical one IMO.  Getting free samples then taping them to regular product and charging extra is a bit of taking the mickey.


In NZ is it not possible the rights holder to apply a restriction on resale? from memory the exhaustion doctrine I may well be wrong though



Only All black tickets of course and other "premium" events....

A.

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  Reply # 1082603 7-Jul-2014 18:30
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freitasm: And would it be ethical to have a product for $24.99 and the same product with the "PROFESSIONAL SAMPLE" charged at $32?

Not in my opinion.




Depends on what the normal retail price is - is it $32 but they're trying to exit the old stock (with no sample) at $24.99?

In which case the $24.99 is a discount or clearance price for old stock and it's prefectly legit to charge $32 for the new stock





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  Reply # 1082615 7-Jul-2014 18:51
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I was told by the lady the price difference was because one had the extra bottle - so the impression is that it adds to the price.







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  Reply # 1083955 8-Jul-2014 10:27
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Johsonville Life Pharmacy joined and sent me a PM, explaining the situation.

"The Optifree 300+90 is marked at the recommended retail price of $32.99. This also applies to the Optifree 300+90+60 which is the box you have in your photograph. Every second month, one of these items will be on special - usually for around $24.99."

So it appears the one with the sample is not charged MORE because of the extra bottle, but the standard one is on special. This is different from what the lady behind the counter told me.

She continued "You are correct regarding the Optifree 60ml size being free - it is a shame you didn't mention the pharmacy name of the store in Lambton Quay selling them because they shouldn't be."

I think this settles then.






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  Reply # 1083958 8-Jul-2014 10:37
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So the answer appears to be bad merchandising in store at Lambton Quay (WLG). Product was on special with no sign. Even the assistant did not know. Plus, one unnamed store stupidly breaking marked product and selling separately.

Edit: This similar situation in two places could also reflect lack of guidance or bad guidance from the product distributor affecting the outcome but who knows.



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  Reply # 1083975 8-Jul-2014 10:55
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gzt: So the answer appears to be bad merchandising in store at Lambton Quay (WLG). Product was on special with no sign. Even the assistant did not know. Plus, one unnamed store stupidly breaking marked product and selling separately.

Edit: This similar situation in two places could also reflect lack of guidance or bad guidance from the product distributor affecting the outcome but who knows.


Actually bad merchandising display on Life Pharmacy Johnsonville Mall (different prices for same product with and without the free bottle, the assistant didn't know the difference). The Unichem Lambton Quay store is the one selling the 60ml bottle without of the box (the stores belong to different chains).








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  Reply # 1084315 8-Jul-2014 19:27
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So will you check next other month that the 3 bottle pack is on special and cheaper than the 2 bottle pack, and report back? :)




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  Reply # 1084319 8-Jul-2014 19:30
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freitasm: 

She continued "You are correct regarding the Optifree 60ml size being free - it is a shame you didn't mention the pharmacy name of the store in Lambton Quay selling them because they shouldn't be."





So are they asking you for the name of the pharmacy so they can follow it up with them? It sounds a bit odd that they haven't asked you the question  who the phamacy is.

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  Reply # 1084320 8-Jul-2014 19:33
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freitasm:
gzt: So the answer appears to be bad merchandising in store at Lambton Quay (WLG). Product was on special with no sign. Even the assistant did not know. Plus, one unnamed store stupidly breaking marked product and selling separately.

Edit: This similar situation in two places could also reflect lack of guidance or bad guidance from the product distributor affecting the outcome but who knows.


Actually bad merchandising display on Life Pharmacy Johnsonville Mall (different prices for same product with and without the free bottle, the assistant didn't know the difference). The Unichem Lambton Quay store is the one selling the 60ml bottle without of the box (the stores belong to different chains).






Both part of the same group, Green cross health(used to be pharmacy brands). http://www.greencrosshealth.co.nz/about-us ...

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  Reply # 1084604 9-Jul-2014 11:01
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mattwnz:
freitasm: 

She continued "You are correct regarding the Optifree 60ml size being free - it is a shame you didn't mention the pharmacy name of the store in Lambton Quay selling them because they shouldn't be."





So are they asking you for the name of the pharmacy so they can follow it up with them? It sounds a bit odd that they haven't asked you the question  who the phamacy is.


There are probably only two pharmacies on Lambton Quay, if they really wanted to know it wouldn't be hard to find out.

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  Reply # 1085710 9-Jul-2014 13:35
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what is it with phamarcies and contact lense products ?

years back when gst went up from 12.5% to 15%, a local pharmacy repriced some lense products with a 20-30% increase and thought no one would notice.

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  Reply # 1085892 9-Jul-2014 17:32
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ilovemusic: what is it with phamarcies and contact lense products ?

years back when gst went up from 12.5% to 15%, a local pharmacy repriced some lense products with a 20-30% increase and thought no one would notice.

Or maybe they'd been absorbing rising costs to that point and it seemed like an opportune time to reprice?

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