Exchange of Half Used Product

assilem23

What rights do I have in terms of exchange for an item that has half been consumed but is faulty?

I bought a half bottle of spirits and drank just over half of it, but the bottle cap is faulty and won't reseal fully. It's loose and rattles around. The shop states that as I've consumed half of it I cannot return it but as far as I'm concerned the item is faulty as I cannot reseal it. Legally, where do I stand?

Thanks in advance for your help.

jacques_chirac

I would suggest drinking the rest of the bottle, then you won't be standing at all!

You don't really expect to exchange half a bottle for a full one, do you? Can't you just put the spirit in another bottle, or tape up the lid?

transient

Had the same before, you are entitled to return it under the DSOGA, just quote that to them and dont take no for an answer.

No_tongue.

Hahahahahahaha.......

jacques_chirac

transient wrote: »

Had the same before, you are entitled to return it under the DSOGA, just quote that to them and dont take no for an answer.

The Drunken Sale of Goods Act?

WTFH

If you bought it online, return it under DSR. That's the answer many give on here without considering the actual issue.

hollydays

No_tongue. wrote: »

Hahahahahahaha.......

You've been on the pop too?

InsideInsurance

Obviously a set up but to give a serious answer, in theory you'd be entitled to a repair, replacement or refund with the vendor being the one to decide which. They'd be entitled to deduct useage from any settlement given.

So damaged lid and 50% gone its either a new lid or a 50% refund

assilem23

Not actually a set-up, but a real question.

CG19a

It's the contents of the bottle which need to be fit for purpose, not the container. You wouldn't take a tv back because after you unsealed the box, it wouldn't seal back up again without sellotape would you?

hollydays

CG19a wrote: »

It's the contents of the bottle which need to be fit for purpose, not the container. You wouldn't take a tv back because after you unsealed the box, it wouldn't seal back up again without sellotape would you?

That's not correct.