Returning a mistaken purchase

hollydays

powerful_Rogue wrote: »

The same would apply to any suprmarket that sells food as well, and quite rightly so.

For all I knew it was a supermarket:p

AndyMc.....

malipha wrote: »

Deserved flippant replies for a flippant question. I know a consumer has no right to an exchange if there is nothing wrong with the purchase, but I!!!8217;d like to know if he!!!8217;s lying about perishable goods not being returnable by law. My wee girl specifically needed soft scoop & I!!!8217;d have bought a second tub if he!!!8217;d just said !!!8216;sorry, we have a no return policy!!!8217;. It was the whole breaking the law lecture that !!!!ed me off, and his suggestion that I was lying when I said other supermarkets allowed returns.

If you know there's no right to a return then what's your issue?

Other supermarkets allow good will, your local shop doesn't.

marliepanda

Other supermarkets allow returns because they can shoulder the cost of binning an item. Your local shop cannot.

I worked in a large supermarket which did take returns but anything that was taken off the shop floor was binned.

As you said, its extremely trivial. Its ice cream. Its hot. Just eat it and next time give your daughter better instructions or the right amount of money so she cant accidentally buy one 3x the price.

malipha

Thanks all. Really wasn!!!8217;t after such crappy comments about the ice cream when I!!!8217;d already said that the question was silly put to others problems. All I wanted to know was if our neighbour was lying to me about a law preventing food returns. He was lying, and it comes down to his lack of goodwill, so we!!!8217;ll vote with our feet. Thanks for the help !!!55357;!!!56832;

agrinnall

malipha wrote: »

All I wanted to know was if our neighbour was lying to me about a law preventing food returns. He was lying...

He wasn't lying, see post #8. Any shop offering a change of mind refund on perishable items would do so only as a goodwill gesture, they are under absolutely no requirement to do so. The law is on their side, and you should listen to your neighbour in future.

DCFC79

malipha wrote: »

Thanks all. Really wasn!!!8217;t after such crappy comments about the ice cream when I!!!8217;d already said that the question was silly put to others problems. All I wanted to know was if our neighbour was lying to me about a law preventing food returns. He was lying, and it comes down to his lack of goodwill, so we!!!8217;ll vote with our feet. Thanks for the help !!!55357;!!!56832;

What crappy comments ?

Smellyonion

You could of opened the ice-cream, emptied the contents into a separate bowl and filled it with mud all within 20 seconds.


Its not illegal to accept refunds on perishable goods but its also not illegal for them to not accept returns.


In this sort of instance for such a low value item, keep it and buy another one.

maisie_cat

To be honest, If I or one of mine bought something perishable by mistake I wouldn't have the front to expect a refund. My husband is always buying the wrong thing, yesterday i wanted black olives and got tapenade. The shopkeeper is correct, he would have to throw it away in case of contamination. Let your children gauge the difference between cheap ice cream and decent stuff

wesleyad

When I used to go and "mistakenly" more expensive sweets, ice creams, sodas, with my parents cash they learned their lesson very quickly

shaun_from_Africa

There is no law preventing the return of the food but there are laws that may prevent its resale.

http://extwprlegs1.fao.org/docs/pdf/uk77253.pdf

Placing on the market of quick-frozen foodstuffs
3. No person shall place a quick-frozen foodstuff on the market for human consumption unless
the conditions set out in paragraph 1 of Schedule 2 are satisfied in relation to it.

(f) following the quick-freezing and thermal stabilisation of each food comprised in the quick-frozen foodstuff in compliance with sub-paragraph (e) the temperature of that food has been maintained at a level no warmer than –18oC, except where a permitted exception
relating to the temperature of the food applies.
2. For the purposes of paragraph 1—
(a) an authorised cryogenic medium is—
(i) air,
(ii) nitrogen, or
(iii) carbon dioxide; and
(b) a permitted exception relating to the temperature of a food applies when—
(i) that food is kept within brief periods during transport (including local distribution) at a temperature warmer than -18oC but not warmer than -15oC, or
(ii) that food is kept in a retail display cabinet at a temperature warmer than -18oC to an extent consistent with good storage practice but not warmer than -12oC.

As the ice cream had been purchased and removed from the store, the shop owner couldn't be certain how it had been handled or stored or what temperature it had been exposed to so from the above legislation, he couldn't legally resell it.