Food supplement arrives open...what are my rights?

lukeyp

Hi all,

Recently I ordered a food supplement (protein powder) online. When I opened the box everything was covered in a thin coating of powder so I knew something was amiss. On further investigation I found one of the bags had a hole in, given there is nothing sharp in the box and no damage to the outer box it seems only logical that this occurred previous to sending.

I contacted the company immediately (and provided evidence) and they have offered me:

1. To take the item to a Collect + point and return it.
2. Receive a 20% voucher for the value of the goods.

I am not really keen on either of these options since:

1. The nearest Collect + point is around 1.5miles away and I don't own a car, I know its only a hour or so round trip but I do have to carry 3-4kg in a large box.

2. The goods were open on arrival and obviously there is at least some possibility of contamination. Given they are designed to be consumed I just don't really fancy the chance for £5.

I have told them that I don't think either of these options are acceptable and stated that I thought it was incredibly worrying that they seem to be endorsing the use of unsealed products by offering a 20% discount. They ignored this and said they wouldn't offer any other option.

So my question is I am legally obliged to any more in this situation (i.e. a collection and return of undamaged goods, which is what I would like) or is what I am being offered adequate in the eyes of the law?

I have spent a hefty sum of money with this company in 6 weeks or so and feel very disappointed that they have not been more flexible.

Many thanks,

Luke

fluffnutter

Under the SOGA they should bear the cost of your returning the item. Point this out to them. Can they arrange a courier (at their expense of course)?

aheaton46

Under the Sale of Goods Act a product should be fit for purpose; I'd argue that if a food packet arrives open then it isn't fit to eat.

Therefore under the Sale of Goods act they must provide a full refund (including original postage costs) or a replacement.