Exchange of Half Used Product

Hintza

The question is ridiculous. There are 101 way to seal the bottle or use another container.

Money-Saving-King

assilem23 wrote: »

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

Ok then another real question has already been asked & I'm going to ask as well. Why not put it in another bottle?

assilem23

I was on a night out. I'd bought the bottle that night from the local shop, and drunk some with friends, went to reseal the bottle and it wouldn't reseal. About half the bottle was used pouring these drinks before an attempt to reseal. As I was out on the town, away from home, I had no other bottles to hand. We then wanted to go into a pub but we couldn't go in with the bottle - and I couldn't put it in my bag as it would spill. So I took it back to the shop. I asked for a quarter in replacement as I'd drunk half but they don't sell quarters. The shop could offer no other alternatives and refused to refund or replace the item.

It is my understanding that if an item is faulty or broken (the lid won't seal so the contents would spill) then a shop has the duty to replace the item. Is this not correct?

Money-Saving-King

You probably get someone like Thumbremote who will come along and give you some false hope but personally I can't see you getting far with this. Most tops screw on so really can't go wrong unless broken by the user then it'll be your word against the shops if you think it wasn't your word, basically if it was fine when buying why did it stop working after?

I personally wouldn't have tried to go down the consumer rights avenue with this, as others had said it really is a bit over the top to post this thread. I'm sure if I was in your situation I would have managed to solve the problem somehow.

I don't understand why putting it in a bag was a problem? Couldn't you have just been carefull with it and kept it upright if the pub was happy to have it in if it was in a bag? With it being half consumed that really would have lowered the chance of it spilling with even just a slight bit of care.

ThumbRemote

From a legal perspective, InsideInsurance is correct. You should have been entitled to a refund or repair. CG19a's view that the bottle is only packaging isn't really valid, otherwise you could take it to extremes and claim that you buying a bottle of alcohol, then them throwing it over you from a bucket is acceptable.

Money-Saving-King wrote: »

You probably get someone like Thumbremote who will come along and give you some false hope

I can't help worrying about your infatuation with me. I know you don't have much of a grasp of consumer rights, but it's a bit bizarre to reference me just because I do.

Hintza

ThumbRemote wrote: »

From a legal perspective,

........I think any court would tell you to get a grip and throw you out for bringing a frivolous action.

shaun_from_Africa

If the bottle wasn't sealed correctly when purchased then I'm sure this would have been noticed so it's probable that the cap was damaged after the bottle was opened.
This could easily have happened by it being squashed and deforrmed or by overtightening.

Money-Saving-King

Hintza wrote: »

........I think any court would tell you to get a grip and throw you out for bringing a frivolous action.

I seriously really do wonder how this would go if it went to small claims. Not as Thumbremote suggests I expect!

With Thumbremote it's never from a legal perspective, it's from his anti-retailer prespective and tries to fit laws in to suit him.

shaun_from_Africa wrote: »

If the bottle wasn't sealed correctly when purchased then I'm sure this would have been noticed so it's probable that the cap was damaged after the bottle was opened.
This could easily have happened by it being squashed and deforrmed or by overtightening.

Exactly as I said therefore making any Thumbremote theory a false hope for the op.

shaun_from_Africa

Money-Saving-King wrote: »

Exactly as I said.

So you did!
I missed your comment the first time I read through the posts.

Money-Saving-King

shaun_from_Africa wrote: »

So you did!
I missed your comment the first time I read through the posts.

From what I can make out it was purchased in an off licence or similar. Drank half before getting to a home or someones home because if they did they could have just left the bottle there if the top had a problem.

It sounds like the op was out on the razzle, consumed half somewhere but not in a private residence, had problems with the top and couldn't get into a pub. How on earth is that going to sound in court?