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Returning a mistaken purchase
malipha
Posts: 12 Forumite
This is so minor put to everything else on here...
My daughter was sent to buy some soft scoop ice cream from our local village shop (so local, it’s next door!j. She returned with a very expensive brand of ice cream instead.
I took her back into the shop, and it turned out that the soft scoop is kept with the burgers and chicken nuggets, instead of with the ice cream, so can’t blame her for getting it wrong.
The shop keeper however, told me that because the ice cream had left the shop he could not allow me to exchange it for the correct one. I pointed out that it had left the shop for 20 seconds, and was still sealed, but he told me that it is illegal for him to resell it, and any shop allowing returns of food which are then put back on the shelf are breaking the law because they can’t guarantee that the food has been kept properly and not tampered with.
We spend a lot in his shop, and he knows us well. 20 seconds doesn’t seem long enough to trigger any food tampering suspicions, so I’m left feeling really frustrated by his inflexibility.
Is this really the law?
My daughter was sent to buy some soft scoop ice cream from our local village shop (so local, it’s next door!j. She returned with a very expensive brand of ice cream instead.
I took her back into the shop, and it turned out that the soft scoop is kept with the burgers and chicken nuggets, instead of with the ice cream, so can’t blame her for getting it wrong.
The shop keeper however, told me that because the ice cream had left the shop he could not allow me to exchange it for the correct one. I pointed out that it had left the shop for 20 seconds, and was still sealed, but he told me that it is illegal for him to resell it, and any shop allowing returns of food which are then put back on the shelf are breaking the law because they can’t guarantee that the food has been kept properly and not tampered with.
We spend a lot in his shop, and he knows us well. 20 seconds doesn’t seem long enough to trigger any food tampering suspicions, so I’m left feeling really frustrated by his inflexibility.
Is this really the law?
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Comments
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This is so minor put to everything else on here...
My daughter was sent to buy some soft scoop ice cream from our local village shop (so local, it!!!8217;s next door!j. She returned with a very expensive brand of ice cream instead.
I took her back into the shop, and it turned out that the soft scoop is kept with the burgers and chicken nuggets, instead of with the ice cream, so can!!!8217;t blame her for getting it wrong.
The shop keeper however, told me that because the ice cream had left the shop he could not allow me to exchange it for the correct one. I pointed out that it had left the shop for 20 seconds, and was still sealed, but he told me that it is illegal for him to resell it, and any shop allowing returns of food which are then put back on the shelf are breaking the law because they can!!!8217;t guarantee that the food has been kept properly and not tampered with.
We spend a lot in his shop, and he knows us well. 20 seconds doesn!!!8217;t seem long enough to trigger any food tampering suspicions, so I!!!8217;m left feeling really frustrated by his inflexibility.
Is this really the law?
Since it was bought in the shop you or your daughter have no right to a refund or exchange.0 -
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It's ice cream, just eat it ?0
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Why don’t you want to keep it.
Would you want to buy ice cream that you knew someone had taken home and then returned to the store, especially in the current weather0 -
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.0
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https://www.gov.uk/accepting-returns-and-giving-refunds
You have to offer a refund for certain items only if they!!!8217;re faulty, such as:
personalised items and custom-made items, eg curtains
perishable items, eg frozen food or flowers
newspapers and magazines
unwrapped CDs, DVDs and computer software
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Can!!!8217;t get forum to work properly on mobile! This was reply for photome!
It hadnt been taken home. It had been taken through the shop door and on to the street for around 20 seconds (probably less, as it didn!!!8217;t take too much time for me to say that !!!8216;that!!!8217;s the wrong one!!!8217;), and it!!!8217;s really not hot at 8pm in the north of Scotland. We did eat it, but it cost 3 times what the one we needed was, and we had to microwave it to get it to the right softness (don!!!8217;t ask!).0 -
Yes your local shop is being pedantic.Not unheard of for local shops..
Vote with your feet.0 -
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