Charge for advising and prohibit taking photos in the changing rooms, measures against picaresque

The way of shopping is changing. The first shop window that many shoppers see, especially younger ones, is usually the internet and the operation is completed without setting foot in a store or just to pick up the order or make a return. This model has a perverse effect for some small traditional businesses. "Some people only go to the store to get the right shoe or clothing size," laments Mayte Mazuelas, president of the ATA Aragón self-employed association. In many cases, like when buying shoes, they take a photo that they say is 'to see if it looks good on me with the dress' and then they order it online. She considers that the online market and the competition with the big chains continue to be the "workhorse" of small businesses.

Prohibited to take pictures

To try to reduce these practices, some merchants have opted for measures such as charging for trying on clothes or prohibiting taking photos. Concern has grown in recent years in small businesses in Zaragoza, but "most of the merchants keep quiet," confesses Mazuelas, as they fear the reaction of customers. She is also aware that in some cases they can pay "just for sinners".

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Prom and wedding dress stores have been one of the first to take measures in Zaragoza, and some have hung up the 'photography prohibited' sign. Before the internet existed, they also know that there were those who tried it on in the store and then went to a seamstress to have it made cheaper. Now the practice is more widespread because everyone carries a cell phone in their pocket. "The internet hurts us but not so much because we do a lot of tailoring, but it hurts us when it comes to party wear for young girls. They try it on here first and then look for a similar dress online and go to an alteration shop," she explains. Pilar Muñoz, from the Sisinia bridal and godmother shop, located on Calle Don Jaime I, one of the shopping areas with the most establishments in this segment. About four years ago he decided to ban photography to protect his designs. "The ones I have in the store are exclusive to me. The photographs roll everywhere. There are those who you explain it to and understand it and others who ask you if it's legal," she acknowledges.

She has not yet dared to charge for testing because she believes it is something that if it is done, all businesses should do it at the same time, but it seems like a good measure to her. "Now some clients make exaggerated photo books. If they try on 13 dresses, they take 13 photos," she complains, especially when they end up not buying anything. What she has not put in her store are limits when it comes to trying on dresses, which she points out does happen in the big chains. She considers that a payment of 15 euros to try on, as she has begun to charge a boyfriend clothing store in Bilbao, "does not mean much", taking into account that these are high-cost garments. If the dress is purchased, it will be deducted from the price.

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Advice or abuse?

However, from the consumer associations they believe that this type of measure can violate the rights of the buyer. These begin to receive inquiries from customers who find themselves with some limitations. The president of the Union of Consumers of Aragon (Ucaragón), Fernanda Blanco, explains that if the establishment reports that an amount is charged, it will be for advice "not to prove." For it to be justified, she considers that there must be real advice, "on a specific technical issue." But she acknowledges that it is difficult to know "where the normal advice ends and where the specialized advice for which we have to pay begins." She assures that "it is a very diffuse line". If it is charged, it must be previously announced that this advice costs money.

"In the case of clothing, we really consider that it would be an abuse because we are talking about the fact that the consumer has the right to try on the garment, to verify that it meets their expectations," as stated in the general law for the defense of the consumers. Article 21.1 of said rule provides that "the consumer and user must be allowed to ensure the nature, characteristics, conditions and usefulness or purpose of the good or service." It also regulates the right to claim and request a refund. "There is no such charge for that test," she concludes.

Francisco Jimenez

The establishments defend that in the case of trying on a dress such as those for a wedding or party or a groom's suit, a real task of advising is done on which model suits the best and in which about two hours per customer can be invested, in each visit. "That people value our advisory work," they add from a men's clothing store in the downtown area, who understand the decision to charge, although they have not put it into practice either. They do prohibit taking photos, except for those who decide to buy. Because it ensures that there are customers who, from the moment they walk through the door, know that they are not going to take anything. "Some come to copy or spend the afternoon trying on suits," laments a clerk.

From Ucaragón they consider that charging in these cases "goes against the few benefits that consumers can find in the dispute between supply and demand." If these types of charges were extended, he believes that more extreme situations could arise. "Would you also be charged for looking at the window for a long time?" Blanco asks.

Mazuelas is aware that the problem is complicated because sometimes the competition on the Internet comes from the distributor that has sold that product to small businesses and offers it at lower prices on an Internet platform. She considers that "this loss must be counteracted by providing a better service, personalized attention and attending with great affection".

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