The BOARDWORLD Forums ran from 2009 to 2021 and are now closed and viewable here as an archive

   

WHAT DO YA STICK YA HOOFS INTO????

Avatar
Mizu Kuma - 30 May 2011 06:07 AM

No Body can tell a Retailer to sell their goods at any set price!!!!! Not even the Wholesaler/Supplier!!!!!

That’s why they have a RRP!!!! Recommended Retail Price!!!!! Or SRP, Suggested Retail Price!!!!!

It is against the law to dictate prices!!!!!

I think that if the retailers banded together and told the Wholesaler/Supplier that orders were not going to be fulfilled until something is done about it, then I am sure that things would start to change!!!!!

a brand CAN dictate the selling price of their product. Do you think Chanel & Gucci don’t control their prices? What would it do to their ‘exclusive’ image if any one could affort their stuff?

 
Avatar

it may be illegal but im sure the big companies do it. i know for a fact burton have that no discount before such and such date etc.

google the sierra snowboards incident for some insight into it

 
Avatar

I used to be a Retailer, and NO they CANNOT make a retailer sell for a set price here in Australia!!!!!

Hence RRP and SRP printed on barcodes that are supplied with the goods from the wholesaler!!!!!

It is against the Law to do so!!!!! It is known as “price fixing” and contravenes the “Competition and Consumer Act 2010”!!!!!

 
Avatar

not sure about that Mizu. There are certain brands & products that never have sales & I’m pretty sure I read that shops stocking them aren’t allowed to. Oakley sunglasses is one such brand and product.

 
Avatar

There might be some sort of verbal thing from the Rep, but they can’t break the Law!!!!!

People can say what they want, just as retailers can sell their wares for whatever price that they want to!!!!!

Just gotta look at what’s goin on lately with MILK!!!!! The Dairy Industry don’t like it, but there’s nothing that they can do about it!!!!!

 
Avatar
cords - 30 May 2011 08:11 AM

not sure about that Mizu. There are certain brands & products that never have sales & I’m pretty sure I read that shops stocking them aren’t allowed to. Oakley sunglasses is one such brand and product.

If you want Oakley gear cheap, Canberra gets a massive Oakley sale twice a year, and there is one starting this weekend. I got so much cheap gear from them! $400 sunnies for around $100.

 
Avatar
Gamblor - 30 May 2011 06:17 AM
Mizu Kuma - 30 May 2011 06:07 AM

No Body can tell a Retailer to sell their goods at any set price!!!!! Not even the Wholesaler/Supplier!!!!!

That’s why they have a RRP!!!! Recommended Retail Price!!!!! Or SRP, Suggested Retail Price!!!!!

It is against the law to dictate prices!!!!!

I think that if the retailers banded together and told the Wholesaler/Supplier that orders were not going to be fulfilled until something is done about it, then I am sure that things would start to change!!!!!

a brand CAN dictate the selling price of their product. Do you think Chanel & Gucci don’t control their prices? What would it do to their ‘exclusive’ image if any one could affort their stuff?

http://www.comlaw.gov.au/Details/C2011C00003/Html/Volume_1#param313

http://www.comlaw.gov.au/Details/C2011C00378/Html/Volume_1#_Toc291680129

 
Avatar

A cartel provision is a provision relating to:

          (a)    price?fixing; or

          (b)    restricting outputs in the production and supply chain; or

          (c)    allocating customers, suppliers or territories; or

          (d)    bid?rigging;

    by parties that are, or would otherwise be, in competition with each other.

If Burton and Lib Tech get together and decide that they will have no boards cheaper than x dollars, then that is illegal. It says nothing about vendor agreements and discounting

 
Avatar

If say for example,

Burton Australia tells its distributors (retailers that are in direct competition with each other), to sell Burton Goods at a set price and this is not to be altered, they then in return set the price as a collective, then this is a Cartel!!!!

This from Stephens Lawyers & Consultants;


Price fixing and Resale Price Maintenance

Price fixing occurs where competitors agree, expressly or tacitly, to fix, control or maintain prices, discounts, allowances, rebates or credits in relation to the goods or services that they supply. Resale price maintenance occurs where a supplier controls the price for the onward resale or resupply of its goods and services. While it is legal for suppliers to recommend prices or set a maximum price, it is illegal for suppliers to specify a minimum price.

Penalties

Substantial penalties may be imposed on individuals and corporations engaged in price fixing and resale price maintenance pursuant to section 76 of the Trade Practices Act . In the case of corporations, a penalty of not exceeding $10 million may be imposed for each act or omission and in the case of individuals the penalty imposed is not to exceed $500,000 for each act or omission.

 
Avatar
Mizu Kuma - 30 May 2011 06:48 AM

I used to be a Retailer, and NO they CANNOT make a retailer sell for a set price here in Australia!!!!!

Hence RRP and SRP printed on barcodes that are supplied with the goods from the wholesaler!!!!!

It is against the Law to do so!!!!! It is known as “price fixing” and contravenes the “Competition and Consumer Act 2010”!!!!!

Mizu is right. At least in my experience there has been no dictation of prices from any brand I’ve dealt with. Many stores have VIP members who get discounts regardless of how old the product is. Also pre-season sales etc. I have never seen any evidence of price enforcing.

 
Avatar

haha thanks for the offer blizzard! I’ve actually been to that sale before, back when I was a canberra resident myself. Glad to see its still going strong, but I’m good for gear, thanks! grin

 
Avatar

p.s. that wasn’t really the kind of sale I was talking about. I mean that you don’t see oakley sunnies discounted in shops like sunglass hut or any other surf shops or anythin’ grin even when those shops are having sales, the oakleys aren’t part of it.

 
Avatar
cords - 30 May 2011 11:47 PM

p.s. that wasn’t really the kind of sale I was talking about. I mean that you don’t see oakley sunnies discounted in shops like sunglass hut or any other surf shops or anythin’ grin even when those shops are having sales, the oakleys aren’t part of it.

That was just to keep the Distributor/Rep Happy, more than likely!!!!!

If you were to ask if the Oakley’s were included, I know of instances where they would even ring it up as the full price and then give you a refund of the discount straight after!!!!

All just to keep the Distributor happy, and keep them off the Reps back!!!!! Yet still very much Against the Law!!!!!

 
Avatar
Avatar

i have absolutely no doubt your correct and it is illegal…but i have no doubt that the companies dont really care and still tell them retailers “this is what you have to sell this at minimum”