Exchange of Half Used Product

bris

The forum troll strikes again and you fall for it everytime.

shaun_from_Africa

Personally, I don't think that the OP is a troll.

They stated that they would be happy to exchange the 1/2 full bottle for a replacement 1/4 bottle and this points to someone having reasonable expectations. (even though I thiink those expectations were misplaced)
I think a troll poster would have stated that they thought that they should get a full refund or a new bottle.

[Deleted User]

Hi,

what you should've done, once opened, was to check that the bottle top would screw on securely again before consuming half the bottle.

Obviously with your frantic desire to imbibe the alcoholic contents of the container you overlooked this really basic check.

hollydays

Money-Saving-King wrote: »

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.



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

What's this thing you've got about name checking thumb remote?
It's getting petty and tiresome.

Money-Saving-King

hollydays wrote: »

What's this thing you've got about name checking thumb remote?
It's getting petty and tiresome.

When was the last time apart from this thread? If you're tired ask to buy the op's half consumed bottle of alcohol & mix it with some redbull!

ThumbRemote

Hintza wrote: »

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

That's a strong possibility, it depends on the judge. In general the cost of the court fee's is designed to put off extremely low value claims in the first place.

Money-Saving-King wrote: »

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.

I never suggested going to the small claims court, I merely applied the law to the given situation. See the point above.

I always try to post from a legal perspective. Maybe you could try debating the actual legal points, rather than your infantile obsession with me.

Money-Saving-King

ThumbRemote wrote: »

I never suggested going to the small claims court, I merely applied the law to the given situation. See the point above.

I always try to post from a legal perspective. Maybe you could try debating the actual legal points, rather than your infantile obsession with me.

I have also given my view from a legal perspective. And by the way don't flatter yourself. You're the first to start name calling and you choose the word infantile, was that wise seeing you were the first to go down that road? Also it's not an obsession, it's an observation, there's a big difference!

ThumbRemote

Money-Saving-King wrote: »

I have also given my view from a legal perspective. And by the way don't flatter yourself. You're the first to start name calling and you choose the word infantile, was that wise seeing you were the first to go down that road? Also it's not an obsession, it's an observation, there's a big difference!

Obsessed.

Love and kisses, darling.

arcon5

Hintza wrote: »

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

I highly doubt that. Especially if the case was regarding a high value wine. Not all wines cost sub £5 remember

arcon5

Money-Saving-King wrote: »

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.

Well considering legally the burden of proof is on the retailer for th first 6 months a suspect a court would firstly be looking to them to offer some prove or at least substantiate any argument it was user damaged.

You may not agree with this, probably because it doesn't fit in with your need to abuse other members, but it is the law.

And putting an open half full bottle of wine in your bag... Yeah sure, great night out that. Just don't dance op, don't get up to fast, be careful of your posture at all times, blah blah blah blah. Im betting youd be the first to criticise op if the thread was 'open bottle of wine spilt on phone, can I demand shop pay for repair?'. Be real.