We went to Territo's on Nov 30 to buy Christmas tree. We found a ~10-11ft Nobel tree. The tree had a tag indicating the height of the tree, but it didn't have a price. The height is 10' - 11'
When my husband was trying 10 minutes to get a price from the owner, I was able to find an employee in a different area to check the price. The employee looked at the tag on the tree and -showed me a price list-. The price list showed:
10' - $150
11' - $180
Since the tree tag was "10'-11'", he told me the price was $180. I agreed with this price. When I walked back to my husband, he just finished talking to the owner. My husband said the owner wanted $230. Because there was a price list, we both doubt if the owner had make a mistake. Therefore, we grabbed a different employee. He gave us the price: $180. So we said we wanted to buy the tree.
The original employee took us to the cashier, told the cashier the price and we paid (by Credit Card, including a $20 deliver fee). The cashier then asked me to hang a a SOLD tag on the tree. When we were about to leave, the owner suddenly rushed to us, extremely angry and yelled: "I told you it's $230! I will not delivery it to your house! Go get your refund! You are not getting any tree here, go home!"We were astonished due to his high temper.
My husband tried to explain to him that both of his employees gave us the $180 price and they were based on the price list and the tree tag. However, the owner kept yelling at us: "I'm the owner, they work for me. I told you the price, not them! Go get your refund!" He then grabbed the SOLD tag from the tree and threw that right in front of us. We didn't want to waste anytime with a mad man, so we refund our purchase and left.
Paying $180 vs $230 is really not a big difference to us. We expected a tree with that size would cost ~$200 anyway. We paid according to the price list which based on the height of the tree listed on the tree tag.
1. We already paid. Does that mean a "contract" is being signed? We could have insist the delivery, correct?
2. Even the price isn't being advertised anywhere, but since they do have a price list and both the employees did show me the list, does it consider an advertisement to the consumer?
3. The tree does have a tag and the pricing refers to the height of the tree. The owner wants more than the listed height, does that mean is a "Measurement" issue?
4. It looked like only us had to pay $230 for a 10-11ft tree while all other customers paid $180 according to the price list, does that mean the owner has a discriminating issue with us?
We've filed several complaints to the government offices, but unfortunately, both the DA/Consumer Affair division and the Weight and Measure division didn't think the owner was at fault. May be they are right. There's no law protecting consumer in a situation like us.
Ada
Fremont, California
U.S.A.
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