For 1 day only - Now to 21 Feb (11.59 pm), we're offering the Spigen Ultra Hybrid case (Clear Only) for the iPhone 6 for the rock bottom price of $8.99 with free shipping. That's a saving of 70% off the RRP of $29.99.
And when you buy from pro.gadgets, you know that you're buying the real deal - no fake Spigen here.
Actually that act does not specify that the current seller had to have sold it at that RRP. If there are other sellers in the area that have it at that price, then they are within their rights to advertise that as RRP.
Quoting directly from the ACCC
Misleading prices may include:
‘savings’ or ‘discount’ statements when compared to the recommended retail price (RRP), but the goods have never been sold at the RRP or the RRP does not reflect a current market price.
Reading the above, I would say that the ACCC specifies that the goods had to have been sold at RRP for any such "savings" statements to be made. Where does the page mention a comparison with other sellers?
A statement has been made by the Rep that "That's a saving of 70% off the RRP of $29.99." in this deal and on the eBay listing itself.
Going by the last hundred sold, the most expensive it was ever sold for was $9.99. I'd suggest that the rest of the sales have been around that price point too so I'm hoping the Rep responds soon.
Hello IceCreamBandit
The RRP in the US (on the official Spigen website spigen.com) for this case is USD24.99. The RRP in Australia is AUD29.99. There are some bricks and mortar stores in the Melbourne CBD which have sold this case at this RRP. On this basis, we are of the view that a comparison in our heading to the RRP of 29.99 is not unreasonable.
While the RRP is a guide for us, we have always tried to offer more competitive pricing to our customers, and have sometimes introduced what we consider to be particularly good value deals on OzBargain (it is a bargain-hunting site, after all!).
AUD8.99 is the cheapest we have ever sold this case. Actually, we think that the price we're offering on this case is cheaper than the price you'll currently find anywhere in the world for the genuine product (including Amazon US). However, noting that you are concerned about us potentially misleading our customers and if others share that view, we are considering ceasing the offer, as misleading is not our intention.
We're all about complying with the law here at pro gadgets. That's why we only sell genuine products. On that note, we have engaged lawyers who are quite au fait with intellectual property law to assist in the crusade to rid the internet (or the Australian sites, at least) of dodgy people who sell fake Spigen, or use Spigen's images and text without authority. We'd appreciate your help in this crusade, if we may be so bold. Shoot us an email at [email protected] if you see anything that screams, 'FAKE!'.
Thanks and regards
James
Thanks for the response.
The RRP in Australia is AUD29.99. There are some bricks and mortar stores in the Melbourne CBD which have sold this case at this RRP. On this basis, we are of the view that a comparison in our heading to the RRP of 29.99 is not unreasonable.
I hate to quote the ACCC again but if you read my second reply (in response to The General) the ACCC is not concerned with what competitors sell the products at, only what the store in question normally sells the products at, and the claimed discount available for consumers. There is no mention of comparisons with other businesses in the ACCC requirements (I'm assuming they aren't your stores, otherwise you'd have mentioned that). Have you ever sold the listed item at RRP?
However, noting that you are concerned about us potentially misleading our customers and if others share that view, we are considering ceasing the offer, as misleading is not our intention.
That is your choice to make. I'm not doubting the quality or the price of the products, myself (and I assume those who + voted my inital comment) would rather see honest advertising from a Rep. If the price is good, there is no need to 'inflate' the actual discount.
We're all about complying with the law here at pro gadgets…'FAKE!'.
I was never concerned about your store selling fakes, nor did I ever question that claim. I was only asking if you were complying with the ACCC's requirements on misleading prices. If you want to be as noble and reputable as you claim with this crusade against fakes, much of that reputation and goodwill is gone IMO when you mislead consumers with pricing. Unless you would like to share when you sold the listed product at RRP?
Seeing as my initial concerns were not answered in a satisfactory manner, consider Step 1 complete and I'll be taking this further.
Thanks, IceCreamBandit.
Apologies, we thought that it was implied from our response that we aim to sell below the RRP. In the interests of transparency and in response to your bolded query, we have not sold the product at RRP.
You have provided a link to the ACCC website which provides guidance as to how the ACCC will interpret relevant provisions in the Competition and Consumer Act 2010 (Cth), and that website identifies various scenarios which may constitute misleading pricing.
We concluded from our review of the ACCC's guidance notes (particularly the last dot point to which you referred) that as there are stores in the same geographic region (Melbourne and Australia) that sell or have sold this case at $29.99, the RRP of 29.99 does, to the best of our knowledge, reflect a current market price. We believe that this is what The General was referring to. For example, there are numerous stores which might never sell at the RRP and always sell below, but if there are comparable stores in the same region which sell at the RRP, the RRP is a current market price as a point of reference for the store which chooses to sell below that RRP.
That said, we take on board your comments and will further research this. We emphasise that we do not wish to mislead our customers. Also, if you feel you have been personally misled by us and this is prompting you to contact the ACCC or to take legal action, we invite you to contact us directly. We of course acknowledge that you might by contacting the ACCC for the greater good.
Thanks and regards
James
Thanks again for the reply. A query has been submitted to the ACCC just to get clarification. Should I get anything in response I'll be sure to post back.
Personally I just believe that the RRP shouldn't be used by a store if the store hasn't sold it at that price.
This has happened with another store here on OzBargain where a product was on sale at a good price and claimed a significant % off RRP. This store's normal price for the product had always been a considerable amount less than RRP, and the discounted price was only a small amount off their normal price. By using the x% off RRP to advertise the sale, they had greatly inflated the actualy savings to be had by the consumer.
I, along with others brought up this issue with the Rep and the store has since removed mentions of RRP in their posts and on their site.
Anyway, if your price is already good enough, which I believe it is in your case (pardon the pun), then I believe you'll get the sales regardless without needing claim something that may potentially mislead customers.
Your time and responses are greatly appreciated though :) Cheers
Many thanks, IceCreamBandit.
We will certainly look into this further, and are grateful for your input.
Kind regards
James
@IceCreamBandit:
I'm with James on this one. Just as an example.
Target sells all new release books at 35% off the RRP. i.e. Straight off the production line and onto the shelf. So in fact have never sold those books at full RRP. But as you can walk into any other store in the area and they have it at full RRP, then they can advertise it at 35% off.
Under your thinking Bandit, Target would not be permitted to do this? Surprising that the ACCC have never cracked down on them for this.
Just for your info, the RRP is set by the manufacturer and not the seller (provided they are not one and the same, such as Persian rug manufacturers).
I got the iPhone 6 plus Spigen Ultra Hybrid case from the same seller on eBay 2 days ago for $12.99 and I also got a cheap no-brand similar one for $3.99. Both look good but you can tell the quality difference. Imho the Spigen worths every cent spent,it comes with genuine serial number ;)
P.S. with more than 5,366 cases sold I also think the OP might as well not mention the 70% off RRP bit.
That's been my experience also with Spigen, usually nice kit.
It's a good case,
Got one last time and the sides split from the back within 2 weeks. It was a great case until then so im going to put it down to a dud unit and grab another one.
just got mine on Monday for $9.99, now it's even cheaper
I have the spigen 6+ fusion hybrid, however I've noticed that the clear plastic is starting to discolour slightly - especially at the edges. I keep it in my pants a lot so that might explain it (it's hot in there)
Edit - it's a good case though - I paid $15 for the 6 plus (it's 17.99 now)
Just in case anyone's interested, the Ringke Fusion case for 6+ is really good as well. 2 months and the case still looks exactly the same as the day I took it out of the wrapping. Excellent case and only AUD13 (was AUD15 in December). Bought it from the link below:
http://www.ebay.com.au/itm/Genuine-RINGKE-FUSION-Rubber-Soft…
you keep it in your pants? so is that a yellow discolouration of the plastic?
Thanks rep, was in the market for a new case so jumped on this.
Any deals on a galaxy s5 case?
Yeah, any deals on other cases you stocking?
any deal on iphone 6 plus?
Thanks guys … Will be definitely more deals coming
Hi Rep, any chance of a deal for the iPhone 5s? Thanks
Just looked at the link, and as I have never laid eyes on this cover before would like to quickly ask how many mm this adds to the phone overall (approx), and how much extra weight? Is it 2 pieces? Cheers
To advertise the sale is 70% off RRP, you must have sold the product at RRP. Rep can you tell us when you sold the product for that price?