Kmart refuses to sell at marked price

[Adashley]

I just left my local Kmart (Bay City, MI) and have a question regarding a business's obligation to sell at the price marked on the package.

I was buying trading card holders to get my coupons organized, when I saw a 3-ring binder with 100 organizer sheets inside marked at $1.99 (it was supposed to be $19.99)!! I picked it up, looked it over, and there were no other tags on the item.

At the register, the manager was called over and refused to sell it to me at that price, and removed the item from my possession and took it off the shelf. I looked the manager straight in his eyes (I'm a 6'1" 200lb guy) and said, "You are required to honor the price that your employees put on an item, what you are doing is illegal."

Am I right or wrong on this one? I called Kmart corporate and they said their policy is they do not have to honor any price marked on their packaging.

Frustrated,
Adam

[mom2lucas]

Kmart has done the same thing to me. Had clearance marked 90% off and then refused to sell it because it was "too cheap". I contacted the district office, and he told me it was manager's discretion. I'm sure it's not legal, but I didn't bother to fight it because I just didn't want/need the items that badly.

[queenofthehivemomof5]

It would probably fall under false advertising rules.

What did the binder scan for?

[Adashley]

It scanned for the $19.99 price. I had my 3 year old with me so I had to control myself, pompous managers irritate me a bit :)

[queenofthehivemomof5]

Was the $1.99 pricing a shelf tag or a sticker on the product? Were there other like binders with the same pricing?

I am thinking that if there was a sticker...they may not have to honor the pricing because another customer could have put the sticker on the binder. But if there were a lot of them with the same sticker (put on by employee) or the shelf tag said $1.99 then you may have an argument.

[jonjaktez]

This seems to be a standard thing I cannot tell you how many times I've been in Kmart and the the item(s) I were buying scanned different than the price tag/shelf tag. Sometimes they give me the product at the price/shelf tag but other times they wouldn't.

I have gotten to the point that I think Kmart does this on purpose because most people don't pay attention and as long as it's not caught they get more money.

I just stay out of Kmart. There is not anything in Kmart that I cannot find anywhere else and probably at a better price and not to mention less of a hassle.

[fungirl2727]

Yea stores do that crap all the time!

[BamaBird29]

WOW! So sorry that happened to you, Adam! It does sound as if it could fall under the category of illegal. I mean honestly, if they refuse to honor the price marked on one item, what's to stop them from refusing to honor the prices marked on all items? They could say the items were priced too low {by mistake, of course} and would need to be re-tagged. It has been my experience that if there is a loop hole {no matter how tiny}, retailers will find it. So, if they have a tiny sign anywhere in the store stating, "we reserve the right to correct typographical errors", then they will most likely get by with it. If I were you, I'd call back to the store and ask to speak with a customer service manager. Tell them about your poor experience and ask what they can do to make you a happier customer. If you don't receive a satisfactory response, I'd suggest using the contact form found on the K-Mart website. Often, when you express frustration with a company, they will bend over backwards to make you a happy customer. A happy customer is a repeat customer. In contrast, not only will a frustrated customer consider shopping elsewhere, but that customer will tell their friends...and before you know it, K-Mart has lost a ton of customers.

If you do call, be sure to let them know that you really didn't feel respected as a person or as a customer. Hopefully, they will care enough about you as a customer and a person to make it right for you.

I'd be interested to find out how they made it right for you.

[SFShopper]

Whenever I've been @ a store that an item is clearly marked to, uhhhh... my advantage - I usually have the attitude of 'if they give me the price, I'll take it cuz... who am I to argue with the marked price?' but if they don't - like a previous poster said ~ no biggie. What comes to mind - I once got undergarments for my 3 yr old niece @ Gap - uhhhh, it was marked at 2.99 for a pack of (7) - I knew, it was a human error on the markdown cuz other similar ones were marked at 12.99. Yeah - oops on the extra digit BUT the clerk - she was nice, she gave it to me.

[Adashley]

WOW! So sorry that happened to you, Adam! It does sound as if it could fall under the category of illegal. I mean honestly, if they refuse to honor the price marked on one item, what's to stop them from refusing to honor the prices marked on all items? They could say the items were priced too low {by mistake, of course} and would need to be re-tagged. It has been my experience that if there is a loop hole {no matter how tiny}, retailers will find it. So, if they have a tiny sign anywhere in the store stating, "we reserve the right to correct typographical errors", then they will most likely get by with it. If I were you, I'd call back to the store and ask to speak with a customer service manager. Tell them about your poor experience and ask what they can do to make you a happier customer. If you don't receive a satisfactory response, I'd suggest using the contact form found on the K-Mart website. Often, when you express frustration with a company, they will bend over backwards to make you a happy customer. A happy customer is a repeat customer. In contrast, not only will a frustrated customer consider shopping elsewhere, but that customer will tell their friends...and before you know it, K-Mart has lost a ton of customers.

If you do call, be sure to let them know that you really didn't feel respected as a person or as a customer. Hopefully, they will care enough about you as a customer and a person to make it right for you.

I'd be interested to find out how they made it right for you.

Thanks for the good ideas, I have always had luck when I contact a store in writing, but rarely have success on the phone. Something about a well written letter that gets the job done. I will take the time to contact the Kmart Customer Service the right way, and hopefully they feel me an important enough customer to make it right.

On a side note, I was dressed in a sweatshirt, had not shaven, and had my baseball hat on backwards. I didn't receive a whole lot of respect from the manager. When I'm dressed in my work attire (shirt/slacks/necktie) I get a lot more respect and fair treatment!