For the attention of the Manager and for the reading of the Manager On Duty at McDonalds Mount Barker at approximately 9pm on Friday April 29th 2010
This is a formal complaint.
On Friday night I ordered a Sweet Chilli Wrap via the drive-thru and on the menu board next to the drive-thru microphone the Sweet Chilli Wrap was advertised as $5.25 for the single item. When I arrived at the window the worker there requested that I pay $5.95 for the item. She would not budge on the issue to I asked to speak to the Manager. I found the manager to be very unhelpful and he was more worried about his till not balancing if he was to let me receive the item for the advertised price saying and I quote “I’m not paying the extra money to make my till balance”. I mentioned the consumer law and yet he still would also not budge on the issue despite the laws in place that require me to receive the item at the lower price as advertised else be in breach of the law.
The following is the relevant extract (Volume 3, Chapter 3, Part 3-1, Division 4, Section 47, Subsection 1-5) of the Competition and Consumer Act 2010. The full text can be found for public view in many places, such as http://www.comlaw.gov.au/Details/C2011C00003/Html/.
(1) A person must not, in trade or commerce, supply goods if:
(a) the goods have more than one displayed price; and
(b) the supply takes place for a price that is not the lower, or lowest, of the displayed prices.
Note: A pecuniary penalty may be imposed for a contravention of this subsection.
(2) A displayed price for goods is a price for the goods, or any representation that may reasonably be inferred to be a representation of a price for the goods:
(a) that is annexed or affixed to, or is written, printed, stamped or located on, or otherwise applied to, the goods or any covering, label, reel or thing used in connection with the goods; or
(b) that is used in connection with the goods or anything on which the goods are mounted for display or exposed for supply; or
(c) that is determined on the basis of anything encoded on or in relation to the goods; or
(d) that is published in relation to the goods in a catalogue available to the public if:
(i) a time is specified in the catalogue as the time after which the goods will not be sold at that price and that time has not passed; or
(ii) in any other case—the catalogue may reasonably be regarded as not out‑of‑date; or
(e) that is in any other way represented in a manner from which it may reasonably be inferred that the price or representation is applicable to the goods;
and includes such a price or representation that is partly obscured by another such price or representation that is written, stamped or located partly over that price or representation.
(a) a price or representation is included in a catalogue; and
(b) the catalogue is expressed to apply only to goods supplied at a specified location, or in a specified region;
the price or representation is taken, for the purposes of subsection (2)(d), not to have been made in relation to supply of the goods at a different location, or in a different region, as the case may be.
(4) Despite subsection (2), a price or representation is not a displayed price for goods if:
(a) the price or representation is wholly obscured by another such price or representation that is written, stamped or located wholly over that price or representation; or
(b) the price or representation:
(i) is expressed as a price per unit of mass, volume, length or other unit of measure; and
(ii) is presented as an alternative means of expressing the price for supply of the goods that is a displayed price for the goods; or
(c) the price or representation is expressed as an amount in a currency other than Australian currency; or
(d) the price or representation is expressed in a way that is unlikely to be interpreted as an amount of Australian currency.
(5) Despite subsection (2), a displayed price for goods that is a displayed price because it has been published in a catalogue or advertisement ceases to be a displayed price for the goods if:
(a) the displayed price is retracted; and
(b) the retraction is published in a manner that has at least a similar circulation or audience as the catalogue or advertisement.
I also refer to Volume 3, Chapter 4, Part 4-1, Division 4, Section 165, Subsection 1-2 for the relative offences for breaching the aforementioned law.
(a) the person, in trade or commerce, supplies goods; and
(b) the goods have more than one displayed price; and
(c) the supply takes place for a price that is not the lower, or lowest, of the displayed prices.
(a) if the person is a body corporate—$5,000; or
(b) if the person is not a body corporate—$1,000.
(2) Subsection (1) is an offence of strict liability.
I do not feel that I need to say any more on this matter. The law speaks for itself and clearly you have breached this law. Please be aware in future about your responsibilities as a business and familiarise yourself with the consumer law and update your signs. You are not above the law just because your till won’t balance. I suggest you think of a better excuse. That one will never hold up in a court of law.
And for the record, I went to Pizza Giovanni instead.
A Very Un-Happy Customer.
I will not be returning to this store ever. The service is terrible.
Also you may have the same recipe as other McDonalds but you do not assemble your food like the other McDonalds. I have never had a breakfast McMuffin from your store where the cheese slice was placed anywhere near being in the centre of the bun thus causing a mess of melted cheese all over the wrap.
I will not leave any of my personal details with you as I do not trust you not to sell them to a telemarketer business. If however you do wish to correspond with me then a small letter of apology published in next week’s edition of the Courier would be appropriate.
“The people I know who swear the most tend to have the widest vocabularies and the kind of person who says swearing is a sign of a poor vocabulary usually have a pretty poor vocabulary themselves. The sort of twee person who thinks swearing is in any way a sign of a lack of education or a lack of verbal interest, or is just a fucking lunatic. I haven’t met anybody who’s truly shocked at swearing, really, they’re only shocked on behalf of other people. Well, you know, that’s preposterous. Or they say ‘it’s not necessary’. As if that should stop one doing it! It’s not necessary to have coloured socks, it’s not necessary for this cushion to be here, but is anyone going to write in and say ‘I was shocked to see that cushion there, it really wasn’t necessary’? No, things not being necessary is what makes life interesting - the little extras in life.”—Stephen Fry on the joys of swearing. (via charliesheenismygod)