# Marshalls Clearance Issue - What would you do?



## booradley5 (Sep 6, 2007)

Been lurking for a while, but I need some advice, and sorry for the long story. For the lovers of finding the rare or mismarked Marshalls items, this story is for you. Here goes:

I was cruising through my local Marshalls last night and ended up having a row with the managers over a clearance item. I routinely shop there and buy since the store is about a mile away and on the way home from work. But they have new management and the clerks working were not my "regulars."

Back in early October, my fiancee found an Armani silk gown on clearance down to $168 from the original Marshalls price of $999. It was gorgeous sky blue silk organza with charmeuse panel on the bust. Had about 10 clearance tags all crusted on the tag. It needed a good cleaning, but otherwise in fine shape. Took it home and it almost fit her, but not enough material to let out... So we took it back. 

She lost about 10 pounds since then and asked me to check if it was still there, perhaps discounted further. As of middle of December...nope. Gone. 

I did my usual run through last night and decided to check out the clearance racks on her behalf for a new suit or dress. And lo and behold, the Armani dress is back! Same exact size and all down to the faint stains on the shoulder straps. Except this time it has a new tag saying $750 clearance from $999. But the old clearance tag was still there just the bottom half ripped off. 

So I took it up to the front and asked why this is the case. After exchanging pleasantries, I asked, "Don't items on clearance usually get marked down, not up?" I told them the story and that we purchased it originally on clearance for about $140, returned it for not fitting, but now 3 months later she lost some weight and it should fit... After some run around about how no Armani would ever be discounted so heavily I inquired, "can't you look up the original information for the garment using the codes at the top of the old clearance tag?" The next manager - less confrontational this time! - was reasonable and tried to explain that there is no way to look it up, except the date it arrived, but if we brought in the receipt, she could "work with me" on getting to the bottom of it. It was slow, so all the staff gathered around the 6 foot guy in a suit haggling over a dress, but none would admit that it could ever get that low! 

My goal, of course, is to get the dress for my fiancee at something lower than the super clearance price she originally paid since it should be marked WAYYY down by now. 

Then the manager says back "So you paid $168 for this dress and I need proof and an exact date and time purchased in order to do the trace on this garment." Bingo! I purposefully said about $140 not the exact price we paid to get a lower price. But she said it with such certainty that it was clear she knew it to be that low, low price no one would admit to. 

The manager put the dress on hold for me. Since the receipt is likely long gone, we are going to pull her credit card records and bring them back to the store and see how things go. 

So....should I press this issue and come back with the records and see what can be done? 

Is Marshalls obligated to provide additional markdowns commensurate with it being there for so long? (the managers were unclear on this point since the "home office" decides which products get marked down and when)

Thanks for getting this far. Any advice appreciated. I thank you all for being such active forum members with your style and bargain hunting advice. (apparently I was saving up and it is slow slow slow at work this morning).


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## Spence (Feb 28, 2006)

Your credit card statement won't have the department code on the Marshalls receipt which would be what they are most likely looking for. I believe the department codes have price ranges attributed to them so this would prove an item of such stature was actually at that price.

But I don't think you have much of an argument to be honest. If someone returned the item, it was priced as new to the store, then marked down on discount at the higher price...why should they be responsible for honoring a potentially mismarked price?

In the end they might do it to be nice, Marshalls is a pretty respectable complany.

-spence


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## SpookyTurtle (Nov 4, 2007)

It's worth a try, but I don't see how they have done anything wrong. Obviously the one manager knows it was $168 at one time, whether they want to sell it for that is another story. Why would they be obligated to provide a larger mark down because of how long the dress was there? It would make sense to do so but surely they are under no obligation to do it.


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## booradley5 (Sep 6, 2007)

SpookyTurtle said:


> It's worth a try, but I don't see how they have done anything wrong. Obviously the one manager knows it was $168 at one time, whether they want to sell it for that is another story. Why would they be obligated to provide a larger mark down because of how long the dress was there? It would make sense to do so but surely they are under no obligation to do it.


When I asked them about the markdown schedule, they said that it is dependent upon the department code and the time it has been in the store. One woman even pulled out this sheet that listed the scheduled markdowns the employees use to go around and price clearance items. The last manager I spoke to was very circumspect and said something to the effect of, "something isn't right about this and if you are telling us the truth about it being that low on clearance, then the new price [$750] isn't right."

As well, she admitted that they have the authority to mark down an item very very low if there is damage or stains and sell "as is." This dress had some soiling on the shoulder straps, which I suspect is why it got marked down so low in the first place. (a good dry cleaner should be able to get them taken care of no problem, though.)

We'll see. I'm not going to be heartbroken if we can't get it for cheap, but the dress is spectacular and a real bargain for even the $168. Question will be for my fiancee "will it fit" after she lost the weight.

In the end, I suspect that with proof they will honor the $168...lower, though, could be another story entirely.

These guys are pretty honest at this store in my experience. For instance, I was picking up a RLBL blazer on clearance one time and the woman checking me out recognized it and said "that should be cheaper than that, they must have missed it during the last markdowns" and then ran it through for another 20 bucks off.

It's not the best selection of any Marshalls I've been to, but they occasionally pick up some funky, high end pieces, which is why I check often.


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## smr (Apr 24, 2005)

booradley5 said:


> So....should I press this issue and come back with the records and see what can be done?
> 
> Is Marshalls obligated to provide additional markdowns commensurate with it being there for so long? (the managers were unclear on this point since the "home office" decides which products get marked down and when)
> 
> Thanks for getting this far. Any advice appreciated. I thank you all for being such active forum members with your style and bargain hunting advice. (apparently I was saving up and it is slow slow slow at work this morning).


If you can find the receipt, I would not be surprised at all if they helped you out. They obviously have no legal obligation to help you. Even if they can look this item up in a database (they have one for their sister store TJ Maxx according to the NYC location's workers I've dealt with), that may only show them their original price.

Add to this that they often have to deal with shoppers who try to switch price tags or who otherwise give the store employees a hard time about pricing, either when they make a purchase or try to return a garment, and you may be able to understand why they would be reluctant to take your word about the pricing unless they had dealt with you many times before and they remembered you. As to the change in price and the ripped price tag, it may be that a shopper ripped the bottom of the tag off, hoping to get the store to look it up in the database and mark it down even more. If the sku for the item gets removed, however, they then may not have any choice but do their best estimate or "create" a price for the item. Best of luck!


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## Cruiser (Jul 21, 2006)

When all is said and done the store can put any price on the item that they desire. Stores raise and lower prices on merchandise all the time. The mere fact that something was offered at a lower price last week doesn't mean they have to honor that price this week.

Several years ago I was in a office supply store and saw a computer on sale for an extremely low price. I quickly bought one. Next day at work I told a friend and he called the store to see if any were left; however, they quoted him a price much higher than what I paid. 

A little investigation revealed that the corporate office had sent out an erroneous email to all their stores regarding the price to put on that computer. The guy told me that the error was quickly noted but not before one computer had been sold at the ridiculously low price. I assumed that was me. 

Being an honest fellow I called the store in question and told them that I was the customer, but since I had already unpacked the computer and started using it they didn't want it back. The store manager laughed and said that I was one lucky fellow.

Cruiser


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## Spence (Feb 28, 2006)

They have a schedule for as-is items as well, and I've seen many people take an item that's damaged to the counter to ask for additional discounts. Although I believe for non-damaged items once it has a yellow clearance tag on it that's as low as they will go.

I agree they are pretty good about the discounts. Typically when they are in the markdown period they will scan all regular price items to see if there's a discount that should be applied.

-spence


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## printemps2001us (Dec 20, 2007)

Sounds to me like no one is disputing that the original price was an error. I suspect that even if you locate the original receipt, it will turn out that the code is for another item entirely and that it was not an erroneous markdown but the wrong tag on the wrong item. That being said, Marshalls is under no obligation to mark anything down (as many luxury makes do not). Nor are they under any obligation to sell you the item at in incorrect price even if it is their fault. Some states have laws regarding this about food, but even then it only applies to one item. Ultimately, I'd say you got away with one on the first purchase, but ultimately backfired when you returned it. They may decide to give it to you at that price, but make no mistake, it is a gesture of goodwill and not any sort of requirement. And while we're on the subject, I might suggest picking up a copy of an Ethics 101 textbook. You knew it was mis-marked and only brought it to someone's attention when you had something to gain (trying to get the wrong price a second time). That's no different than failing to tell a waiter he neglected to include a round of drinks on your check, or pocketing it when a cashier accidentally gives you change for a hundred when you paid with a fifty.


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## printemps2001us (Dec 20, 2007)

Cruiser said:


> When all is said and done the store can put any price on the item that they desire. Stores raise and lower prices on merchandise all the time. The mere fact that something was offered at a lower price last week doesn't mean they have to honor that price this week.
> 
> Several years ago I was in a office supply store and saw a computer on sale for an extremely low price. I quickly bought one. Next day at work I told a friend and he called the store to see if any were left; however, they quoted him a price much higher than what I paid.
> 
> ...


+1 What a pleasure to see someone with some ethical integrity out for something other than saving a buck.


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## smr (Apr 24, 2005)

printemps2001us said:


> Sounds to me like no one is disputing that the original price was an error. I suspect that even if you locate the original receipt, it will turn out that the code is for another item entirely and that it was not an erroneous markdown but the wrong tag on the wrong item. That being said, Marshalls is under no obligation to mark anything down (as many luxury makes do not). Nor are they under any obligation to sell you the item at in incorrect price even if it is their fault. Some states have laws regarding this about food, but even then it only applies to one item. Ultimately, I'd say you got away with one on the first purchase, but ultimately backfired when you returned it. They may decide to give it to you at that price, but make no mistake, it is a gesture of goodwill and not any sort of requirement. And while we're on the subject, I might suggest picking up a copy of an Ethics 101 textbook. You knew it was mis-marked and only brought it to someone's attention when you had something to gain (trying to get the wrong price a second time). That's no different than failing to tell a waiter he neglected to include a round of drinks on your check, or pocketing it when a cashier accidentally gives you change for a hundred when you paid with a fifty.


I admire your ethical standards, but unless I'm missing something (if I am, I'm sure you'll let me know), it seems a bit over the top to me to accuse the original poster of being unethical. He did say that he exaggerated how low the original price had been (indicating to the manager that the original price was approx. $140 rather than $168), so take that as you will. But why would we assume based on the information above that the clearance price at the time of the first purchase was an error? The dress had been marked down many times, and on top of that it was dirty, which may have resulted in additional markdowns. Seems to be agreement here that the store can price the dress as they desire, but why suggest that the original poster pick up a copy of an ethics text book? I recently bought a Robert Talbott $150 belt for $39.99 at Marshalls, and another time I bought a $650 gore tex jacket for $29.99 at TJ Maxx, and both times the price was the original off-price. Was I behaving in an unethical manner? Next time I find prices like this, should I tell them that their prices are too low?


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## Bog (May 13, 2007)

How much do you value your fiancee loosing 10 lbs.? Or were you expecting more? It sounds like you got more than you bargained for.


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## smr (Apr 24, 2005)

Bogdanoff said:


> How much do you value your fiancee loosing 10 lbs.? Or were you expecting more? It sounds like you got more than you bargained for.


Another point that we can all agree upon!


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## Cruiser (Jul 21, 2006)

Bogdanoff said:


> How much do you value your fiancee loosing 10 lbs.?


Good point. By all means go back and buy her the dress at whatever price it is now marked. She earned it.

Cruiser


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## satorstyle (Jan 2, 2007)

Unfortunately legally once you returned it and your monies were returned, you forfeited any obligation to the merchandise. With that being said it is now again Marshall's property and it can be sold at any price. I would wait it out it won't sell any time soon at that price, a mark down is inevitable.


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## PJC in NoVa (Jan 23, 2005)

What would I do?

Given the stories I've seen on how common weight-gain recidivism is, I'd save my money.


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## printemps2001us (Dec 20, 2007)

smr said:


> I admire your ethical standards, but unless I'm missing something (if I am, I'm sure you'll let me know), it seems a bit over the top to me to accuse the original poster of being unethical. He did say that he exaggerated how low the original price had been (indicating to the manager that the original price was approx. $140 rather than $168), so take that as you will. But why would we assume based on the information above that the clearance price at the time of the first purchase was an error? The dress had been marked down many times, and on top of that it was dirty, which may have resulted in additional markdowns. Seems to be agreement here that the store can price the dress as they desire, but why suggest that the original poster pick up a copy of an ethics text book? I recently bought a Robert Talbott $150 belt for $39.99 at Marshalls, and another time I bought a $650 gore tex jacket for $29.99 at TJ Maxx, and both times the price was the original off-price. Was I behaving in an unethical manner? Next time I find prices like this, should I tell them that their prices are too low?


I'm in no way saying you were unethical. Perhaps, I misunderstood the original post, but my interpretation was that he knew it was an error (and certainly does the second time around). If not, then I stand corrected.


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## booradley5 (Sep 6, 2007)

Apparently I missed a wicked turn in this thread while away for a day. 

My fiancee's weight loss is part of her and my own ongoing effort to be a healthy couple. We've both lost about 50lbs each since the Spring of last year. Working out a lot and eating well together. We started this long before I proposed. My post was long enough to begin with, so I dropped the backstory there for brevity's sake. I "value" her as a a beautiful, intelligent woman, not for her change in weight. The fact is, back when she initially tried on the dress it was too small. But as you all well know, it is best not to hold onto a garment with the assumption "I will lose the weight." But, she did lose the weight and it probably will fit now. She loved it very much and now that it is back, she wants to see if it works, but not for $750 obviously.

As for being unethical, I have no illusions about the legal aspect of this. Is Marshalls legally required to provide me with the dress for that low price? Nope. Was it mismarked to begin with? I doubt it. It was soiled and clearly been there for a long time. Nevertheless, it was a good find and well within Marshalls own internal pricing patterns. 

But my original point--perhaps poorly stated--was that it shouldn't be marked "up." Under regular Marshalls policy the dress should be further marked down. If I can get it back for the price we originally paid, fine. If it should be lower, even better. If they insist on $750, we will walk away, no hard feelings. Why not try to work within Marshalls own markdown policy? Someone along the line took the old tag off. It had (I'm not kidding) about 7 or 8 clearance tags on it and was there for a while. I would not be surprised if it just wore off. 

As for the critical "department code," it is still present on the dress since the original clearance tag is still attached--just the bottom "red tag" part being ripped off. The manager told me they can look up when it was originally brought put on the floor, but still wanted to see the receipt. I now suspect (based upon further reflection and comments on this board) that the reason for the heavy discount was the soiling issue. So if it is an issue of "as is" store discretion, then they will likely honor the $168. My only (admittedly nefarious) purpose in saying a rough $140 figure was to see if they did actually remember the dress and its low markdown. The dress was quite unique and spectacular but probably didn't fit a lot of people based upon its very narrow waist, wide hip cut. 

This situation overall makes me feel a bit dirty pressing the good Marshalls folk on this issue. But, something went awry down the line in the pricing of this dress and I feel that working to get to the bottom of it for my fiancee is worth the effort. Which is why, ultimately, I figured this site with all of its knowledge and bargain savvy would be able to help. She loves the dress and was saddened to hear it was gone. Now that it is back several months later, but priced strangely higher, why not try to work within the system to get the right price?


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## SpookyTurtle (Nov 4, 2007)

There is nothing wrong for trying to get it for the lower price, I'd give it a shot too, the worst that happens is they say no. You haven't done anything wrong by asking. 

And I say congradualtions to you and your fiance for the weight loss. It was a lot of hard work for both of you and you should be proud of yourselves. I think it was great that you worked together to do this and supported each other.


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## booradley5 (Sep 6, 2007)

SpookyTurtle said:


> There is nothing wrong for trying to get it for the lower price, I'd give it a shot too, the worst that happens is they say no. You haven't done anything wrong by asking.
> 
> And I say congradualtions to you and your fiance for the weight loss. It was a lot of hard work for both of you and you should be proud of yourselves. I think it was great that you worked together to do this and supported each other.


Thank you. We are pretty happy with our results so far! We've also had a lot of fun piecing our new wardrobes together too. I had a a great moment the other day when I tried on a 42R and it fit! This is coming down initially from a 48R.

And seeing as you are local to the Boston area--I was at the Liberty Tree Marshalls the other day too (not the same one in question in this thread) and they had about 3-4 RLPL shirts on clearance for about $ 20-30 and a couple gorgeous RLBL coats also on clearance for about 80-ish% off the retail tag. They had a bunch of decent 6/7 fold italian ties marked down to $10-15 too. I might be a long drive for you, of course, depending on where you live, but I thought I'd throw it out there. I'm on the North Shore, so not too bad for me.


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## JayJay (Oct 8, 2007)

booradley5 said:


> I had a a great moment the other day when I tried on a 42R and it fit! This is coming down initially from a 48R.


Congrats!!!


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## smr (Apr 24, 2005)

booradley5 said:


> And seeing as you are local to the Boston area--I was at the Liberty Tree Marshalls the other day too (not the same one in question in this thread) and they had about 3-4 RLPL shirts on clearance for about $ 20-30 and a couple gorgeous RLBL coats also on clearance for about 80-ish% off the retail tag. They had a bunch of decent 6/7 fold italian ties marked down to $10-15 too. I might be a long drive for you, of course, depending on where you live, but I thought I'd throw it out there. I'm on the North Shore, so not too bad for me.


Wow, great stuff! Wish they had more premium clothing in my local Marshalls and TJ Maxx stores. Not much lately.


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## etp777 (Nov 27, 2007)

agreed SMR. Local (when I'm at home, not here  ) Marshalls and TJ Maxx tend to definitely be less than premium stuff. Filene's basement downtown tends to have higher quality clothes though.


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## booradley5 (Sep 6, 2007)

smr said:


> Wow, great stuff! Wish they had more premium clothing in my local Marshalls and TJ Maxx stores. Not much lately.


Agreed. In general it's pretty slim pickings except for that store in Danvers. Was just up in Newburyport today and stopped by the Marshalls there on my way back home. They had a Dunhill SBPL 100s wool black/midnight blue tuxedo marked 44R on clearance for $199 (retail tag said $1550). Although I need another tux like I need a hole in the head, I tried it on. The fit was generous in the chest and slim through the waist. Seemed a tad on the long side, which fit me at 6' well since I'm the middle in some suits, especially European brands. Made in Spain. I'm not familiar enough with Dunhill to know if this was the highest quality line they have, but it appeared well constructed and a very good value. It sat there by itself in a sea of Nautica, Michael Kors and "Lauren" label blech. Finds like that make it worth the effort sometimes. In the end I didn't get it, though it was awfully tempting.

I second the comment on Filenes downtown. 60% off the markdown price right now I think.


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