What are my rights?

CharlesStuart
CharlesStuart Posts: 7 Forumite
First Anniversary First Post
edited 26 July 2022 at 9:02AM in Consumer rights
I bought 6 bottles of the same wine from a supermarket, opened one earlier today and it was rancid.  My wife contacted the Customer Services, the person spoken to was working from home (children running amok in the background), she told my wife to contact the wine company direct, not the supermarkets problem and ended the call.
My wife recontacted Customer Services and spoke to a person working in the office, he initially questioned the delay in contacting them to complain and queried how the wines had been stored.  The wines were purchased 6th July 2022 and were stored in our wine rack, less than 3 weeks!
He accepted the first advice was wrong and stated that this particular supermarket doesn’t give refunds or replace alcohol products but offered to reimburse the cost of the opened bottle but not the others.  My wife asked, if the other bottles are also not consumable, what happens then.  He reiterated they do not refund or replace alcohol and ended the call.
What are our rights?  Does the Consumer Rights Act cover alcohol and/or as the purchase was made online, does S75 apply?
can anyone advise, please?
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Comments

  • sarah1972
    sarah1972 Posts: 19,382 Senior Ambassador
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    PM’d to move to an appropriate board for you x
    I’m a Senior Forum Ambassador and I support the Forum Team on Competitions Time, Shopping & Freebies boards, Employment, Jobseeking & Training boards If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.
  • MSE_Laura_F
    MSE_Laura_F Posts: 1,612 MSE Staff
    Fifth Anniversary 1,000 Posts Photogenic Name Dropper
    I've moved this to Consumer Rights.

    Best of luck, @CharlesStuart
  • elsien
    elsien Posts: 35,514 Forumite
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    Rancid as in corked, or rancid as in you just don’t like it?
    You don’t have any rights to replace unopened bottles of wine when you have no idea if there’s anything faulty with them or not. 
    If you just don’t like it, that’s not the supermarkets problem. 
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
  • TELLIT01
    TELLIT01 Posts: 17,768 Forumite
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    Just because one bottle of wine is bad, doesn't mean they will all be.  A poor seal will cause the wine to go off and whether that's a cork or screw top it's more likely to be a one off than a bad batch.  If a product is not fit for purpose then a refund should be given.
  • What supermarket is this?

    Presumably the second Customer Services person was from the manufacturer?  (You don't make that clear.  Your wife might have been trying the supermarket for a second time).

    Your consumer rights are against the place you bought the wine from, and if the wine "did not conform to contract" in a consumer rights sense, you are entitled to a refund or a replacement.  (Although you may have difficulty establishing objectively that it did not conform).
  • In response to the replies , for which I am grateful;
    elsien - the bottle was a screw top and this label is one we’ve enjoyed many times before but this was totally off.
    TELLITO1 - should we open each one, they’re all the same batch?
    Manxman - the second person was from the supermarket and working in the office, will probably have to take the wine back to store.
  • jon81uk
    jon81uk Posts: 3,877 Forumite
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    Which supermarket?
    Did you buy instore?

    If you bought in-store it is ALWAYS best to return them instore. Don't even bother phoning up, just go back to store.
  • born_again
    born_again Posts: 19,456 Forumite
    10,000 Posts Fifth Anniversary Name Dropper
    edited 26 July 2022 at 10:18AM
    I bought 6 bottles of the same wine from a supermarket, opened one earlier today and it was rancid.  My wife contacted the Customer Services, the person spoken to was working from home (children running amok in the background), she told my wife to contact the wine company direct, not the supermarkets problem and ended the call.
    My wife recontacted Customer Services and spoke to a person working in the office, he initially questioned the delay in contacting them to complain and queried how the wines had been stored.  The wines were purchased 6th July 2022 and were stored in our wine rack, less than 3 weeks!
    He accepted the first advice was wrong and stated that this particular supermarket doesn’t give refunds or replace alcohol products but offered to reimburse the cost of the opened bottle but not the others.  My wife asked, if the other bottles are also not consumable, what happens then.  He reiterated they do not refund or replace alcohol and ended the call.
    What are our rights?  Does the Consumer Rights Act cover alcohol and/or as the purchase was made online, does S75 apply?
    can anyone advise, please?
    Well unless it was £100+ a bottle no.
    Even if they were you are going to have to prove something is wrong with them.
    Life in the slow lane
  • macman
    macman Posts: 53,129 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    So far, your complaint relates to one corked bottle, which the retailer should replace or refund.  If the other five are similarly affected, rinse and repeat. There is no reason to suppose that they are though.
    No free lunch, and no free laptop ;)
  • sheramber
    sheramber Posts: 21,663 Forumite
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    it would probably be more productive if you went back to the store concerned.
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