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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 2
    • shaun from Africa
    • By shaun from Africa 7th Aug 18, 11:08 AM
    • 10,379 Posts
    • 11,701 Thanks
    shaun from Africa
    There is no law preventing the return of the food but there are laws that may prevent its resale.

    http://extwprlegs1.fao.org/docs/pdf/uk77253.pdf

    Placing on the market of quick-frozen foodstuffs
    3. No person shall place a quick-frozen foodstuff on the market for human consumption unless
    the conditions set out in paragraph 1 of Schedule 2 are satisfied in relation to it.
    (f) following the quick-freezing and thermal stabilisation of each food comprised in the quick-frozen foodstuff in compliance with sub-paragraph (e) the temperature of that food has been maintained at a level no warmer than Ė18oC, except where a permitted exception
    relating to the temperature of the food applies.
    2. For the purposes of paragraph 1ó
    (a) an authorised cryogenic medium isó
    (i) air,
    (ii) nitrogen, or
    (iii) carbon dioxide; and
    (b) a permitted exception relating to the temperature of a food applies whenó
    (i) that food is kept within brief periods during transport (including local distribution) at a temperature warmer than -18oC but not warmer than -15oC, or
    (ii) that food is kept in a retail display cabinet at a temperature warmer than -18oC to an extent consistent with good storage practice but not warmer than -12oC.
    As the ice cream had been purchased and removed from the store, the shop owner couldn't be certain how it had been handled or stored or what temperature it had been exposed to so from the above legislation, he couldn't legally resell it.
    • davidwood681
    • By davidwood681 7th Aug 18, 11:45 AM
    • 646 Posts
    • 1,922 Thanks
    davidwood681
    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
    You were wrong, he was right.

    Be an adult, admit this and move on with your life.

    And ''voting with your feet'' is just punishing someone for your own mistakes.
    • Labsuper
    • By Labsuper 7th Aug 18, 11:49 AM
    • 72 Posts
    • 105 Thanks
    Labsuper
    In our local Morrisons I found a cooked chicken from the rotisserie that had been dumped on a chiller shelf which was still piping hot. Took it back to the rotisserie counter and the shop assistant put it straight in the bin. It was discarded and it hadn't left the shop. OP why should the shop take the loss?
    Last edited by Labsuper; 07-08-2018 at 12:56 PM.
    • bris
    • By bris 7th Aug 18, 12:10 PM
    • 7,959 Posts
    • 6,957 Thanks
    bris
    Shop keeper has done nothing wrong, you have by this outburst.


    It takes less than 20 seconds to inject the ice cream with poison (of course you didn't it's just an example) so no, it won't go back on sale.


    I don't actually see any crappy replies, just common sense ones.
    • Aylesbury Duck
    • By Aylesbury Duck 7th Aug 18, 12:19 PM
    • 2,370 Posts
    • 3,163 Thanks
    Aylesbury Duck
    This is so minor put to everything else on here...
    Originally posted by malipha
    It is.
    Iím left feeling really frustrated by his inflexibility.
    Then you are easily frustrated.

    I suspect he'll be glad not to have to suffer your custom again if this is how you react to a trivial mistake on your part.
    • George Michael
    • By George Michael 7th Aug 18, 1:28 PM
    • 3,199 Posts
    • 4,292 Thanks
    George Michael
    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
    Originally posted by malipha
    A local village shop which may well be paying very high rent and business rates and who might could be struggling financially and who would have to write off the cost of the "very expensive" ice cream if they accepted it back rather than take the risk of reselling it.
    Even though it had only been outside of the store for a very short time, it would only take a couple seconds for someone to tamper with it.

    It's also worth remembering that the UK is undergoing a bit of a heatwave at the moment and if the ice cream was put in a car (where the temperature could easily be 40c), it wouldn't take long for the outside to start melting.
    • macman
    • By macman 7th Aug 18, 2:03 PM
    • 42,725 Posts
    • 17,988 Thanks
    macman
    I wonder if the OP would have been happy to eat it, had the shop keeper offered her another 'briefly pre-owned' tub of soft scoop in exchange?
    No free lunch, and no free laptop
    • Aylesbury Duck
    • By Aylesbury Duck 7th Aug 18, 3:31 PM
    • 2,370 Posts
    • 3,163 Thanks
    Aylesbury Duck
    I wonder if the OP would have been happy to eat it, had the shop keeper offered her another 'briefly pre-owned' tub of soft scoop in exchange?
    Originally posted by macman
    No chance.
    "But it was only off the premises for 20 seconds."
    No chance.
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