If a store has something out on the floor before release date…aren’t they obligated to sell it to you?

I was at a local Toys R Us and they had the new Nerf Raider gun out on the floor. I thought it was released on the 4th, but I know that Nerf sometimes releases things early, so I grabbed the two on the shelf and went to check out and I was right, they aren’t released till the 4th. Then the cashier called her manager and she came up and snatched them away without even so much as an apology!

I’ve worked in retail for quite awhile and whenever that has happened to us, we were forced to sell the item. Even if there was a block on the barcode, we sold the item under a generic one and then corrected it in the system later on.

Just curious as to what proper procedure is.

Tags: before, date...aren't, floor, obligated, release, sell, something, store, they

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16 Comments for If a store has something out on the floor before release date…aren’t they obligated to sell it to you?

1. Tracey Seth | February 15th, 2011 at 9:00 am

I’d say after that the proper procedure is to never again shop at Toys R Us….and letter to the CEO isn’t out of line either.
2. Michael C | February 15th, 2011 at 9:44 am

No, there is nothing that says they have to sell them.
3. Christine | February 15th, 2011 at 9:44 am

Yes

if they were like that maybe they could put it in a glass case or something with a sign explaining the product
but if its on the shelf with a barcode & everything yeah totally
4. Steve | February 15th, 2011 at 9:44 am

You don’t place items on a sales floor only not to sell them. Contact your local Better Business Bureau and file a complaint.
5. ranger_co_1_75 | February 15th, 2011 at 10:03 am

You might have a false advertising claim since being on the shelf and not being marked as display only, implies they are for sale for a certain amount.

But it would be shaky in most courts.
6. Common Sense in Exile | February 15th, 2011 at 10:25 am

It was on the floor by mistake, but that’s no excuse for the manager’s behavior. They can not sell the item prior to the release date, or risk losing their contract with the supplier and manufacturer.
7. PJ | February 15th, 2011 at 11:23 am

There is no law that requires them to sell it just because it is out, and they may have a contract/agreement with the mfg that they WON’T sell it until the release date. If that’s the case – they were kind of stupid to have it out on display.
8. Mark | February 15th, 2011 at 11:38 am

You should have shot her with it.
9. serf | February 15th, 2011 at 11:46 am

I’m going to go with: no, they aren’t obligated to sell it.

Toys R Us probably has a contract with Nerf agreeing not to sell the product until a certain date. They aren’t released from their contractual obligation just because an employee screwed up.

At the same time, you may have a claim against TrU for advertising a product that they aren’t willing to sell.
10. David S | February 15th, 2011 at 12:23 pm

No, they are not required to sell anything to you, particularly if it goes against their agreement with the distributor or producer. Displaying things before release is intended to generate interest. It is 100% legal. It sounds like an employee may have put it on the shelf early, but that still doesn’t require them to ring it up.
11. Flying Car | February 15th, 2011 at 12:45 pm

They can do that they have the right to deny Business to people as long is it was not denied based off of race or gender or something like that.
12. smedrik | February 15th, 2011 at 1:29 pm

While it may be store policy to sell an item which isn’t in the system there is no laws governening whether or not a merchant has to sell anything.

Even if the item was on the shelf, even if the item has a price, it is well within the rights of the mechant to refuse sale.

Proper procedure is dictated by store.
13. LizardKing | February 15th, 2011 at 1:47 pm

It’s completely illegal, even though it’s out on the floor they aren’t obligated to sell it, they aren’t even allowed to sell the product.
The store could also be sued by the products owner if they knew it was sold before the release date. I worked at a Target and they actually make a pretty big deal about it.
14. chuchi | February 15th, 2011 at 2:06 pm

Yeah they are obligated. Because that is their screw up for having it out b4 release date. They wuld be getting in trouble not you. U should have punched the manager in the face. LOLSZ then u wuld have been in trouble. You can report them. The right procedure is for the manager to come up to you and say:
“I’m sorry miss, but we cannot sell this toy right now because it has not been released yet.” sum one was rude
15. KENNETH D | February 15th, 2011 at 2:43 pm

At law the store is putting the goods on display as an invitation to treat ie they are inviting you to offer them the money for the goods. When you go to the counter you are offering to buy the goods at the price stated. The store can refuse to sell it to you as you have offered to buy and they have not accepted the offer. This does not apply if for sale is on the ticket. However, I think that the way you were treated was not good, in fact it was rude and I would write a letter of complaint to the Head Office explaining exactly what you have done here. That should get you at least an apology.
16. laughter_every_day | February 15th, 2011 at 3:34 pm

No store is required to do business with you at all.

If a store has something out on the floor before release date…aren’t they obligated to sell it to you?

16 Comments for If a store has something out on the floor before release date…aren’t they obligated to sell it to you?

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