Lidl New returns Policy? Is this legal?

surfwidow

I have shopped for a long time with Lidl and purchased everything from power tools to electric blankets. I particularly enjoy their 'middle of lidl' products.

Up until last year if you had any problem with an item say a faulty drill? You could go to the checkout, the manager would come down (or supervisor) look at your digital receipt on the app, the would scan the barcode on the receipt take the product and you sign a receipt and enter your card you paid with and they reimbursed you and sent the item back for you. It was why I stopped shopping with Screwfix as Lidl had 3 year warranties and such a smooth returns policy. Screwfix still have that amazing policy but their tools are more expensive and usually 2 years unless the manufacturer adds an extended 1 year to that but you then deal with them like Dewalt for example which is fine and reasonable.

Yesterday I returned to my local store because 2 non food items were playing up. A Blood Pressure Monitor won't stay switched on and a Gaming Mouse that continually disconnects. Went up to the till as I usually do and they said. 'Ah thats older than a month you will have to contact Customer Services'? I was not happy but so I went home and did this. At first I get the most useless AI bot in the world speaking to me on the phone. I even recorded that as it nothing short of embarrassing for a company this size to depend on that! In the end I emailed them. Today they send me an email with the manufacturer contact details saying take it up with them?

Forgive me if I am wrong but isn't my contract with Lidl? And that store? And for one year minimum afterwhich their additional 2 years is a manufacturer return? Why am I now doing their job? Dealing with this is very time consuming, It may appear cheaper for them to wash their hands of what was the main reason many shop with them and may come as a surprise if they do have a faulty good in future. But I will NEVER buy a product again from their middle of Lidl unless its throw away. I will clearly now return to Screwfix as they are great. Just for that peace of mind

So to cut a long story short, is this legal? Are Lidl in breach of the sale of goods act? My contract is with Lidl surely? How can they get away with this? Is there any legal recourse? People here hearing this for the first time may also be worried, especially if they have electrical items subject to failure only to find that you will have to spend potentially weeks now trying to deal with this.

Thanks

eskbanker

You have statutory consumer rights under the Consumer Rights Act 2015, which (largely) superseded the old Sale of Goods Act, and these rights are with the retailer rather than the manufacturer.  Goods must be of satisfactory quality, etc, for their lifetime, so any breach of that can be referred to the retailer at any time, and if faults are deemed to have been inherent ones present at the time of sale (assumed to be so for the first six months) then the retailer is obliged to repair, replace or refund.

Any warranty provisions are separate and can't replace your statutory rights.

user1977

surfwidow said:

isn't my contract with Lidl? And that store?

No, your contract is not with a specific store, it's with whatever Lidl's UK trading company is.

the_lunatic_is_in_my_head

surfwidow said:

And for one year minimum afterwhich their additional 2 years is a manufacturer return? 

Consumer rights give you 6 years (unless lifespan is less), 6 months is the important bit, within 6 months burden of proof is on them, after that they can request you show the item is faulty (rather than misuse, etc).

If there is a warranty then it's typically with the manufacturer and can impose any (fair) terms.

So Lidl can't send you to the manufacturer but can cause you the headache of getting goods inspected after 6 months which is why a manufacturer warranty might be preferable to use after 6 months rather than consumer rights. 

If they have changed policy I guess time will tell whether it affects their sales.  

clive0510

In the eyes of the law you are responsible for what you sell. so lidl were actually wrong to refer you to the manufacturer, there is nothing to stop you contacting the manufacturer if you wish, and telling them what Lidl told you. but ultimately your contract is with lidl. and so lidl should sort it accordingly. 

roytom2

I pretty much gave up on Lidl hardware goods several years ago as their quality was rubbish and their 3 year warrantee was full of holes and they were not prepared to honour it like they did before.
BUT Lidl aren't the only ones playing the 30 day trick and sending you to the manufacturer (after 30 days have expired) - but it's definitely their responsibility to sort things out as the contact is with the seller. I got exactly the same treatment with Boots on an expensive electric razor and told to take it up with the manufacturer.
In the case of the OP here, if the product is less than 6 months old I'd contact Lidl head office and request a refund.

powerful_Rogue

roytom2 said:

I pretty much gave up on Lidl hardware goods several years ago as their quality was rubbish and their 3 year warrantee was full of holes and they were not prepared to honour it like they did before.
BUT Lidl aren't the only ones playing the 30 day trick and sending you to the manufacturer (after 30 days have expired) - but it's definitely their responsibility to sort things out as the contact is with the seller. I got exactly the same treatment with Boots on an expensive electric razor and told to take it up with the manufacturer.
In the case of the OP here, if the product is less than 6 months old I'd contact Lidl head office and request a refund.

Lidl can repair, replace or refund - whichever is the most cost effective. By Lidl getting you to contact the manufacturer direct can save time.

Okell

clive0510 said:

In the eyes of the law you are responsible for what you sell. so lidl were actually wrong to refer you to the manufacturer, there is nothing to stop you contacting the manufacturer if you wish, and telling them what Lidl told you. but ultimately your contract is with lidl. and so lidl should sort it accordingly. 

I wouldn't go so far as to say Lidl were wrong here...

I suspect that nobody at Lidl is qualified to say why something like a drill or a blood pressure monitor is not working.  If a consumer insists on Lidl dealing with it then Lidl might well just send it off to the manufacturer to ask their opinion on it, and God knows how long that would take

If that's the case then it might be quicker for the consumer to cut out the middleman and go straight to the manufacturer.

However, what I would say is that if a consumer goes to a retailer with a Consumer Rights Act complaint and the retailer refers the consumer to the manufacturer, then the consumer should make it clear to the seller that the consumer takes that referral as the seller's one attempt at repair or replacement* under the Consumer Rights Act, and that if the manufacturer can't fix or replace it, then the consumer will want a refund from the seller.

Where a seller would be wrong would be to refer a consumer to the manufcaturer and to mislead a consumer into believing it was a manufacturer warranty issue when the consumer still had statutory rights against the seller under the CRA.


*I see it as the seller waiving their statutory right to a replacement or repair attempt

surfwidow

Thanks everybody. Part of what made Lidl great was they offered a 3 year warranty (THEY LIDL offered it).  This mouse and BP monitor was purchased in October 24 and the bp monitor used once. I mean I am not a medical practitioner. And the mouse is randomly disconnecting when another mouse from Logitech I have is fine meaning it is not the PC. The value of the items the BP monitor £20 and Mouse £9 means there is little if no point to trying to fault trace as its a binable issue. Part of the reason I went to Lidle is they outclassed Screwfix and Amazon. In the past if I had any issues with SF no worries amazing returns policy they even encourage say buying an item you may need but if you dont just bring it back!

I get the Feeling Lidl are trying to pass off their responsibility to the manufacturer to save money. But the question remains is this legal. I understand if after say a year of use you may need to go to the manufacturer but I always assumed for the first 12month the contract was with the retailer. And it was for them to refund or replace. I mean I have attempted to contact the manufacturers with the info Lidl CS sent and had no reply. For Me their Middle of Lidl is done! And this is now a cautionary tale that if you item goes wrong after 30 days and you are not prepared to right it off then you are on your own it seems? I have never known that in the many decades I have been on the planet!

As an aside I have spent quite a lot of money over the festive period with Aliexpress and had a similar problem. They refunded instantly! Amazing! And I also have Paypal too with them to step in and help. Lidl by contrast almost have washed their hands of the matter and their responsibilities as retailer I AM SHOCKED! This is now nationwide in every store.

eskbanker

surfwidow said:

I get the Feeling Lidl are trying to pass off their responsibility to the manufacturer to save money. But the question remains is this legal. I understand if after say a year of use you may need to go to the manufacturer but I always assumed for the first 12month the contract was with the retailer. And it was for them to refund or replace. I mean I have attempted to contact the manufacturers with the info Lidl CS sent and had no reply. For Me their Middle of Lidl is done! And this is now a cautionary tale that if you item goes wrong after 30 days and you are not prepared to right it off then you are on your own it seems? I have never known that in the many decades I have been on the planet!

Have you read the above replies, which correct some of those misconceptions?

Okell

surfwidow said:

... I get the Feeling Lidl are trying to pass off their responsibility to the manufacturer to save money. But the question remains is this legal. I understand if after say a year of use you may need to go to the manufacturer but I always assumed for the first 12month the contract was with the retailer. And it was for them to refund or replace. I mean I have attempted to contact the manufacturers with the info Lidl CS sent and had no reply. For Me their Middle of Lidl is done! ...

Did you read my post?

Go back to Lidl and tell them that when you initially approached them to exercise your rights under the Consumer Rights Act 2015 that they referred you to the manufacturer, and that you are taking that as their one permitted attempt under the legislation either to repair or replace. 

As the manufacturer refuses to deal with the issue you are taking their refusal as a failure by Lidl to replace or repair and that you now want a refund from Lidl as per the legislation.