Makro

[ainitatyb]

When I leave Makro, there is someone at the exit who always demands to see my receipt and check my goods. My understanding of consumer law is that goods become personal possesions at the point of sale. Do they have any legal right to demand to check the receipt and the goods?

[jennyp]

Its not the goods that you've paid for, and are yours that they are looking for, its the odd one that has slipped through in your trolly that hasn't been paid for.

[ainitatyb]

That is clearly the case, but in order to assess that they have to search what is now your personal possessions, and they have as much right to do that as they have to demand to see in to your handbag surely?

[Whickerman]

If all customers are told this on entry, there's probably no issue. BUT>>>

a) if only certain customers are checked, then there's a case for a lawsuit as you could argue that your integrity is being called into question
b) what's the situation re people who go in to browse only - are they searched
c) to what extent are your goods checked? Do they just check your trolley?

[ainitatyb]

1) You are not told this on entry, but my concern is that by accepting it on exit sometimes, the assumption is there that you accept it always
2) Browsers are not 'searched' / checked
3) they check the trolley against the receipt

Personally I always refuse to allow them to do it, but they can be (shall we say ..) forcefull in their objection and have even commented that I would have no redress if I had to return the goods. Surely this also cannot be true either as there would be no alteration to my statutory rights?

[Whickerman]

No,you're right. I can't think of any reason why you should accept this. You should stand your ground and if they persist in treating you like a suspected shoplifter demand that the police are called.

[KLAND]

I have always throught that this is a waste of time!!

1) if you were going to steal something, and I am not saying that anyone would, I am sure that you would not put the item into the trolley between the till and the exit which is normally within a couple of metres
2) the 'door people' at Makro do not even really look or count what you have anyway, so what is the point! They just stamp the receipt whilst pretending to look at the contents of your trolley!

I am sure this 'door person' would be more value on the tils keeping the queues down!!!!

[almcd007]

B & Q sometimes do this and it's also to stop checkout staff being in on the theft . They "let" things go through unpaid to a friend say and unless you are looking for it it's hard to spot. Receipt related Theft I think is what B&Q call it. So someone checks the receipt against the goods in the bag. If there has been stock going missing and they suspect this is happening - I for one wouldn't mind them checking my carrier bag - however they have no right to go into your handbag/personal baggage unless they stop you, take you to a private room and call the police - but they must be sure.

[ainitatyb]

I agree with you Ward Minter, it is the intention to commit theft which is the determining factor, not leaving the store, and it is up to the store to prove intent even if you were to leave the store with unpaid goods, but in this case this is not the situation. There is no theft or intent to steal. As Wickerman said earlier their action brings into question your integrety and by accepting it surely we are accepting the right to be questioned and accepting the fact that we could be guilty by assumption?

[ainitatyb]

Hi Kland, not always true, sometimes they not only check but they count closely. I do agree in that it amuses/annoys me when they will watch you go through the checkout and then 3 metres later demand to check your receipt. But what really amazes me is the total willingness of people to accept this injustice and I have even been 'tutted' at for slowing the exit down by making a stand. Surely by accepting that we have 'the right to be stopped' and 'indirectly accused' we give up a little more of our personal liberty without question. Will that allow every shop to demand to check our goods? and at what point do we say no? When they check our handbags? the boot of the car? .....?

[Ethel]

If you don't like the terms and conditions of the store, shop elsewhere.

That will harm them more than a pointless protest.

[ainitatyb]

Interesting one ALMDC007 but if the intention is to stop receipt theft by checking on the checkout staff actions, isn't the one to be accused the check out operator and not me at the exit? If something was to be found in my bag/trolley which was not paid for then I would still be innocent as there is no intent on my part as Ward Minter points out. If they suspect theft then they have to accuse me directly, call the police and do a proper search. By stopping me the insinuation is that I may be guilty, and by allowing them to stop me surely I accept that the accusation may by true and therefore I accept a possible guilt? If someone stopped me in the street and made that accusation are we therefore saying that we would accept it?

[ainitatyb]

I agree Ethel, but at what point do you say stop this? Why should retailers be allowed to do something at their stores which we would not accept on the street or in our homes without protest?

[ainitatyb]

But the question still remains, do they have the legal right to do it?

[fountain]

They don't have the legal right to do it. As long as customers are compliant it works fine. If someone were to call their bluff and refuse, the staff would either have to let it go or make a citizens arrest for shoplifting and await the police. The staff have no power at any time to search customers without their consent.

[kempie]

Surely all items purchased by you at Makro are not your "personal possessions" since all Makro Tradecard Holders are actually purchasing items for 're-sale, commercial or industrial use only. Purchases are not allowed by persons as private individuals and the invoice is made out to the Holder's business. Purchases should be passed through the accounts of the Holder's i.e. company, partnership or sole traders' as per the Terms and Conditions to which you signed up.

If you do not wish to abide by the T&Cs of the store which enables you to buy at wholesale prices, then cancel your membership.

[ainitatyb]

Thanks again Ward Minter, and to you Fountain, This is precisely my point also. They are not allowed to do it in law and if you refuse, they are obliged (I maintain) to let you pass without let or hindrance. To obstruct physically or verbally is no more acceptable than being accosted or assaulted on the street and presumably the same consequences would apply?

[ainitatyb]

I agree Kempie, I use the term 'personal possesions' to indicate that they are no longer the property of Makro but of myself or the Company.

[ainitatyb]

I would also point out that no where in the terms and conditions does it state that you must consent to having your bags searched or goods checked. As for dealing with the store that is also a matter of my personal choice I agree. But the question of interest was one of legality of their action.