Can I return 5kg of chocolate?

mightyjojo

Hi all,

I'm trying to bake up about 150 people's worth of brownies for my upcoming wedding.

To that end, I bought 2 x 5kg bags of Belcolade Dark Chocolate from the Chocolate Fountain Warehouse.

The short version is, I opened one bag, realised it was the wrong cocoa content, and now I at least want to return the unopened bag to get a refund. Is that possible, under the Distance Selling Regulations? I received them on Friday, emailed over the weekend to complain, and received a negative response from them today, so I'm within the 14 days. I paid on my credit card too, if that helps.

The longer version is:
I'd seen these bags elsewhere, quoted with a 70% cocoa content, which is what I need. And also, I should note, what I think is normal when you say dark chocolate!

The 2 bags duly arrived, and I leapt straight into baking with them. It was only once I'd opened a bag and tasted them that I realised that they were actually only 55% cocoa. To be fair, this is written on the front of the bag, and I'm kicking myself that I didn't check before opening one of the bags.

On the other hand, the bags are the exact same colour as the 70% bags, and in the website description they didn't give the cocoa percentage, they just said "Dark". The picture they had was also too blurry to read the cocoa percentage.

When I contacted their customer services to ask if they could do anything, they said that they don't sell the 70% version, and in the description they use the 4 character code for the 70% version from the Belcolade website (something like Ej05, so not exactly obvious, and not obvious that you should be checking the Belcolade website either).

They also said that since they have no idea how I've stored it, they wouldn't be able to sell it on. I've only had the bag for 3 days, it's just sat in the house.

My question is, can I cancel part of the order under the Distance Selling Regulations? Ie, can I at least return the unopened bag and get a refund for that? I wouldn't call it perishable goods, because the best before date is next year.

Their website also doesn't give any details of how to cancel an order under their T&Cs, which I think is illegal??

Thanks in advance for any help!

somethingcorporate

I guess the company could argue it is perishable and therefore not returnable under the CCR. I guess it's subjective as to whether a year is perishable or not. I would say not. Was it expensive? (i.e. is it worth your time fighting).

marliepanda

Well buying the wrong this is entirely your fault (you made a typo on your opening post, the code is for the 55% not the 70%)

The site isn't misleading in anyway. It doesn't state a percentage and you didn't check.

I'd just make some brownies with the chocolate/store it, and order the one you want for your wedding.

You have zero chance of getting a refund on the open bag as you keep hinting you want 'at Least'' a refund of the sealed bag, as if you could be entitled to more...

agrinnall

As they've said no you'll need to make a strong argument that the goods are not perishable, and I'm not sure you can do that.

Personally I would make a test batch of brownies and see if they would be acceptable for consumption at the wedding. I think there's far too much made of the precise figure on cocoa content, and you may well find that they turn out absolutely fine.

fleshandbone

I was under the impression anything that is consumable can not be returned for a refund?

Country_Cousin

From their point of view you could have done anything to it whilst it had been in your possession (not saying that you have of course, just playing devil's advocate) and I doubt they will be able to re-sell the bag, sealed or not. Would you want to buy a bag of chocolate that you knew had been inside someone else's house for several days - I most certainly would not... I think I would just cut my losses and make the brownies or a cake for another day.

Bogalot

Would you be happy if they'd sent previously returned stock to you?

If you don't want to use it then take it to a soup kitchen/ homeless shelter/ food bank. Even better make the brownies and take them to the soup kitchen. Their guests won't care one bit what percentage the chocolate is.

unholyangel

There is no exemption for perishables. Its for goods that are likely to deteriorate or expire rapidly (ie not goods that will deteriorate or expire, only those that do so rapidly such as fresh flowers or meat which would likely expire before the cooling off period had ended).

So given that its chocolate which tends to have a best before date well in advance, you should be able to cancel under CCRs. However as others have said, what value are we talking about and is it going to be worth your while arguing the toss with them? Even if you don't perhaps still make a complaint to trading standards (might have to go via citizens advice) as they choose to trade online therefore have to abide by the laws of doing so.

shaun_from_Africa

unholyangel wrote: »

However as others have said, what value are we talking about and is it going to be worth your while arguing the toss with them?

£22.50 per bag.

LilElvis

shaun_from_Africa wrote: »

£22.50 per bag.

And it will cost the OP a fair amount to ship back a 5kg parcel via a tracked service.

And she could have bought that quantity and quality of chocolate for less from Lidl. 39p for a 100g bar. It's 79p per bar for the higher cocoa content. I've got a cupboard full of the stuff for baking.

shaun_from_Africa

LilElvis wrote: »

And it will cost the OP a fair amount to ship back a 5kg parcel via a tracked service.

If the CFW didn't comply with the requirements of the Consumer contract regulations regarding providing the relevant information regarding returns then they are responsible for covering the return delivery costs.

In theory that is.
If they don't want to play ball then the OP will have to ask themselves how much time and effort they wish to spend on it.