I was in a kmart. I had just run out of the house without drying my hair, and opened a jar of gel, put a little on my finger then into my hair. There was no seal on the jar, nor anything that would indicate it was open. However,as soon as I did that an undercover store guard (pracically tripping over himself )ran over and threatened that if I didnt buy it, he would hold me on shoplifting charges,,,WTF?
Legally speaking I have no idea. From more a moral perspective I would say yes it is. You took gel, no matter how small the amount, apparently with no intent of paying.
Here's my story. I ran out of the house the other day without eating. I was driving along when all of a sudden, an Outback Steakhouse appeared on the side of the road. I went inside, was seated, then a waiter took my order. I got the 11 oz. Outback Special with salad and baked potato. I was chowing down, when all of a sudden I started thinking. Ya know, when I came into Outback, nobody mentioned anything about having to pay for my order. I was seated and then someone came up to my table and asked, "What can I get you this evening?" I told him what I'd like to eat. He wrote it down, walked away, and in a few minutes brought me out a delicious meal. Anyway, I decided that I would only eat 10 ounces of the 11 ounce steak. It should also be noted that I had left a small portion of the salad in the dish. And I did not finish off the complete loaf of delicious bread. When I got through eating, I got up and walked out. Incredible, but true, here came the manager storming up behind me. He was obviously very angry and started demanding that I pay for my meal. Needless to say, I was dumbfounded. I really didn't think that I had done anything wrong. The guy reached for his cell phone and threatened me that he was about to call the police if I didn't come back in immediately and pay for my meal. Don't get me wrong. Outback is a great place to eat, but be forewarned, when you consume their products, they will ask for payment. Can ya believe it???
Excellent analogy, never thouhgt of it like that, it is so similiar I dont know why I didnt see it that way.
The store has no way of knowing where your fingers have been prior to your putting a finger into the gel. You contaminated the product, rendering it unfit for sale.
I once had a stripper start lap dancing for me on her own and I refused to pay as she never asked me if I wanted one..... she just started doing it on her own. Long story short....it was either pay the $20 or get "bounced"
Similarly, (Trendo) when your wife/girlfriend tests lipsticks . . . no way of knowing where previous testers lips have been or what infections may be on them.