Yes in an ideal world.
As indicated in an earlier post, there has been a trend particularly for some packaged products to have large elongated barcodes which run the length/height of the packaging (possibly for faster operator scanning?). These are impracticable to cover as one would need to cover the whole side of of the package to ensure that when one item product is individually marked down, it can’t be scanned. It doesn’t take much of the bacrode to be visible for the barcode to be recognised by the scanner.
There has also been discission in the retail sector that there may be an eventual move towards Digimarc Barcodes. I imagine if an when these are adopted by the packaging industry nationally, this would make individual markdown labelling impossible unless the whole product is somehow covered in a unreadable cover. I expect the code would be reviewed then introduction on Digimarc barcodes or similar occurs.
The code states the wrong ‘shelf price’. The definition is as follow:
“Shelf Label” means the label or sign which shows the price of an item and is placed on
display in the place where the product is displayed for sale.
“Shelf Price” is the price of an item that appears on a shelf label.
If the non-marked down barcode is scanned, it could be reasonable argued that the price shown on the register is the same as the Shelf Price. Therefore clause 4 of the code does not apply.
If the shelf price also showed a markdown price for all items but the original product barcode still scanned the unmarked down price, then yes, one could argue that it was a scan error and clause 4 would apply. In such case I can’t imagine a retailer placing a marked down price on the shelf and then individually marking each item on the same shelf as it would be counterproductive. It would be easier to just adjust the instore computer to reflect the new marked down shelf price.
Clause 4 states:
Where a customer makes a valid claim that an item has scanned at a higher price than the
shelf price, the following shall apply:
(a) If the shelf price of the item is $20 or less, the customer will be entitled to the item free of charge; or
(b) if the shelf price of the item is higher than $20, the customer will be entitled to purchase the item at the shelf price, with a discount of $20.mer makes a valid claim that an item has scanned at a higher price than the shelf price, with a discount of $20
There is also the reasonable person test. If one was asked what the shelf price was, I am sure that almost all customers would go to the shelf and point to the price shown on the edge of the shelf…showing the product price. I am sure that they would not point to a marked down label on a individual product.