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  • FIRST POST
    • malipha
    • By malipha 6th Aug 18, 8:40 PM
    • 7Posts
    • 0Thanks
    malipha
    Returning a mistaken purchase
    • #1
    • 6th Aug 18, 8:40 PM
    Returning a mistaken purchase 6th Aug 18 at 8:40 PM
    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, itís 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 canít 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 canít 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 doesnít seem long enough to trigger any food tampering suspicions, so Iím left feeling really frustrated by his inflexibility.
    Is this really the law?
Page 1
    • AndyMc.....
    • By AndyMc..... 6th Aug 18, 8:44 PM
    • 2,090 Posts
    • 1,261 Thanks
    AndyMc.....
    • #2
    • 6th Aug 18, 8:44 PM
    • #2
    • 6th Aug 18, 8:44 PM
    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?
    Originally posted by malipha

    Since it was bought in the shop you or your daughter have no right to a refund or exchange.
    Hi there! Weíve had to remove your signature. Please check the Forum Rules if youíre unsure why itís been removed and, if still unsure, email forumteam@moneysavingexpert.com
    • theonlywayisup
    • By theonlywayisup 6th Aug 18, 9:28 PM
    • 12,470 Posts
    • 8,421 Thanks
    theonlywayisup
    • #3
    • 6th Aug 18, 9:28 PM
    • #3
    • 6th Aug 18, 9:28 PM
    Is this really the law?
    Originally posted by malipha
    I don't recall a specific law about ice cream, but as posted above, you have no right to return in this instance.

    Are you annoyed that it was stored with the burgers and chicken nuggets?
    • meer53
    • By meer53 6th Aug 18, 9:30 PM
    • 9,254 Posts
    • 13,431 Thanks
    meer53
    • #4
    • 6th Aug 18, 9:30 PM
    • #4
    • 6th Aug 18, 9:30 PM
    It's ice cream, just eat it ?
    • theonlywayisup
    • By theonlywayisup 6th Aug 18, 9:37 PM
    • 12,470 Posts
    • 8,421 Thanks
    theonlywayisup
    • #5
    • 6th Aug 18, 9:37 PM
    • #5
    • 6th Aug 18, 9:37 PM
    It's ice cream, just eat it ?
    Originally posted by meer53
    It has been hot, perhaps it is too late....
    • photome
    • By photome 6th Aug 18, 9:51 PM
    • 13,404 Posts
    • 8,943 Thanks
    photome
    • #6
    • 6th Aug 18, 9:51 PM
    • #6
    • 6th Aug 18, 9:51 PM
    Why donít 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 weather
    • malipha
    • By malipha 6th Aug 18, 10:01 PM
    • 7 Posts
    • 0 Thanks
    malipha
    • #7
    • 6th Aug 18, 10:01 PM
    • #7
    • 6th Aug 18, 10:01 PM
    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.
    • sheramber
    • By sheramber 6th Aug 18, 10:06 PM
    • 4,985 Posts
    • 3,724 Thanks
    sheramber
    • #8
    • 6th Aug 18, 10:06 PM
    • #8
    • 6th Aug 18, 10:06 PM
    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
    • malipha
    • By malipha 6th Aug 18, 10:07 PM
    • 7 Posts
    • 0 Thanks
    malipha
    • #9
    • 6th Aug 18, 10:07 PM
    • #9
    • 6th Aug 18, 10:07 PM
    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!).
    • hollydays
    • By hollydays 6th Aug 18, 10:08 PM
    • 16,290 Posts
    • 12,317 Thanks
    hollydays
    Yes your local shop is being pedantic.Not unheard of for local shops..
    Vote with your feet.
    • powerful_Rogue
    • By powerful_Rogue 6th Aug 18, 10:24 PM
    • 3,484 Posts
    • 5,140 Thanks
    powerful_Rogue
    Yes your local shop is being pedantic.Not unheard of for local shops..
    Vote with your feet.
    Originally posted by hollydays

    The same would apply to any suprmarket that sells food as well, and quite rightly so.
    • hollydays
    • By hollydays 6th Aug 18, 10:26 PM
    • 16,290 Posts
    • 12,317 Thanks
    hollydays
    The same would apply to any suprmarket that sells food as well, and quite rightly so.
    Originally posted by powerful_Rogue
    For all I knew it was a supermarket
    • AndyMc.....
    • By AndyMc..... 6th Aug 18, 10:41 PM
    • 2,090 Posts
    • 1,261 Thanks
    AndyMc.....
    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.
    Originally posted by malipha
    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.
    Hi there! Weíve had to remove your signature. Please check the Forum Rules if youíre unsure why itís been removed and, if still unsure, email forumteam@moneysavingexpert.com
    • marliepanda
    • By marliepanda 6th Aug 18, 11:44 PM
    • 6,318 Posts
    • 13,461 Thanks
    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
    • By malipha 7th Aug 18, 8:43 AM
    • 7 Posts
    • 0 Thanks
    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
    • By agrinnall 7th Aug 18, 8:57 AM
    • 20,709 Posts
    • 16,548 Thanks
    agrinnall
    All I wanted to know was if our neighbour was lying to me about a law preventing food returns. He was lying...
    Originally posted by malipha

    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
    • By DCFC79 7th Aug 18, 9:00 AM
    • 32,330 Posts
    • 20,331 Thanks
    DCFC79
    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;
    Originally posted by malipha

    What crappy comments ?
    • Smellyonion
    • By Smellyonion 7th Aug 18, 9:09 AM
    • 102 Posts
    • 59 Thanks
    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
    • By maisie cat 7th Aug 18, 9:20 AM
    • 501 Posts
    • 591 Thanks
    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
    • By wesleyad 7th Aug 18, 9:42 AM
    • 259 Posts
    • 210 Thanks
    wesleyad
    When I used to go and "mistakenly" more expensive sweets, ice creams, sodas, with my parents cash they learned their lesson very quickly
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