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Lidl Mystery Box T&C
This is an online sale, and the £20 includes delivery.
My question is whether the T&C (below, in italics) comply with consumer rights law?
For example, is it reasonable to supply items 'as is', with the implication that if it doesn't work or has parts missing that's just tough for the buyer, even though there's been no opportunity to inspect the goods?
Mystery Boxes
a) Change of mind
If you change your mind about a product you must let us know no later than 28 days after the day we deliver your product. To let us know you want to change your mind, contact contact@lidlmysterybox.co.uk.
You will have to return the product at your own cost. You will have to return it (and any free gifts provided with it) to us within 28 days of your telling us you have changed your mind.
Returns are at your own cost. The product cannot be returned in store. You must return all items. They must be complete with the entire box and contents all in original packaging with all original literature.
b) Faulty Items
All products and services offered on this site are provided “AS IS” without any warranty whatsoever. Any warranty supplied with the products in the mystery box are no longer valid.
Comments
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I think it’s badly worded, it’s fine for the goods to be sold without a warranty but the “as is” part could be read to imply “sold as seen” which obviously isn’t ok.
Satisfactory quality does consider price but something DOA wouldn’t be acceptable in my view unless it was clearly stated as such which is hard to do with a mystery box unless it’s all broken!
Lidl should have a statement somewhere to say they are obligated to provide goods that conform to the contract.In the game of chess you can never let your adversary see your pieces1 -
Lidl say you have 28 days after receiving them to inspect the goods for change of mind (that's much longer than any consumer rights you have).
You say there's no opportunity to inspect the goods.
I struggle to reconcile these two statements. Have I misunderstood?
There's no legal obligation for them to offer any kind of warranty at all.
Lidl's non-perishable goods normally come with a 3 year guarantee printed on the box and on any instructions. They are saying that those warranties (which are separate from and in addition to your statutory consumer rights) don't apply to these mystery items which are known to be sub-standard in some way.
This is all stuff which otherwise would have just gone to landfill. The £20 goes straight to NSPCC, Lidl's charity partner.
A comment I like on HUKD says
Regard it as a £20 donation to the NSPCC. If you get anything you like, great. Take the remaining items to a local charity shop and you've donated even more.4 -
Yes, I agree about the charitable aspect. I was really trying to understand whether it complies with consumer law, though. Essentially, Lidl could ship out a load of non functioning trash and demand the consumer returns it at their own expense to get a refund.No reliance should be placed on the above! Absolutely none, do you hear?0
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That is the gamble you make.GDB2222 said:Yes, I agree about the charitable aspect. I was really trying to understand whether it complies with consumer law, though. Essentially, Lidl could ship out a load of non functioning trash and demand the consumer returns it at their own expense to get a refund.Paying return postage for change of mind is standard.
If an item is faulty that is different.
Being tat doesn’t mean it is broken or faulty.1
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