Take it or leave it

I am writing to you to give me your opinion on this problem. On August 13, I accompanied my son to the New Millennium Computer Superstores to buy a "thermaltake aluminum case". I am herewith enclosing a copy of the receipt.

At the store I asked the salesman for a discount but it was all in vain because he insisted that they have fixed prices and no discount was allowed. Finally, I agreed and told him that we would like to buy it. He asked his shop assistant to go to the stores and bring the case. The shop assistant came out of the store with a big box, which he put on the table.

To my surprise he got the "thermaltake aluminium case" from the shop window and packed it into this box. I asked him why he was giving me the one he had on display. He told me that it was the last one. At that point I insisted that he was selling me an object which he used as an advert and that I was entitled to a discount but, once again, it was all in vain. The only reply I had was "take it or leave it".

I would be very pleased if you can tell me what will be the position of a customer when buying the last article which the seller had made use of, as in my case. (Francis Buhagiar)

On August 31, 2004, I sent a copy of this letter to the New Millennium Computer Superstores (NMCS) and asked for their comments. On October 19, I sent them a reminder, but to no avail. On January 12, I sent them another copy of the letter and a reminder, still to no avail. These were followed by yet another reminder on February 23, still to no avail.

At this stage I believe the NMCS have had more than a fair opportunity to give us their side of this case.

In any case, I must point out that Mr Buhagiar was not necessarily entitled to a discount on the basis of the fact that he was being sold an "object" on display which, as he put it, "was used as an advert". However I would say that it would have been a nice gesture if NMCS were to offer a discount due to the item being "shop-soiled". Indeed it is a common practice adopted by customer-oriented shops to offer a discount on "shopsoiled" goods.

In this case, particularly while noting that the only reply Mr Buhagiar got was "take it or leave it", I would have taken the "leave it" option.

As consumers, we have the right to determine our expectations on the attitude adopted by traders. After all, consumers are the traders' lifeline and they have the right to take their custom to the trader of their choice.

Moreover, NMCS couldn't be bothered to comment on Mr Buhagiar's letter, in which he stated that the only reply he got was "take it or leave it". The fact that they chose to ignore my request for their comments followed by so many reminders still asking them for their side of the case further suggests a "couldn't care less" approach.

However, they are still welcome to send us their comments. Indeed, if they choose to change their policy regarding "shopsoiled" items by offering a discount, we can share the information in our column.