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What are my rights?

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  • 21-08-2011 2:56pm
    #1
    liamw
    Closed Accounts Posts: 1,780 ✭✭✭


    I bought a tray of cottage cheese from Lidl and immediately drove it home (5 mins) and opened a tub to discover that it tasted as if it were expired (elthough the expiry date was fine). I'm guessing their refrigeration broke at some point during transport or in the store.

    So the next day I went back with the receipt and I was willing to exchange the tray for a fresher tray. The store manager told me that it wasn't their policy to do a refund and there was no way they could know how long it took me to drive it home etc. I've been buying this for about a year so I know when it's bad.

    Do I have any rights here or is just a case of poor customer service?


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    #2
    Ken.
    Closed Accounts Posts: 12,898 ✭✭✭✭Ken.


    My brother(a former lidl store manager) told me a while ago the best thing to do in your situation is ring lidl's customer care line. 99% of the time you'll get justice(can't think of a better word).


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    #3
    Chris Hansen
    Registered Users Posts: 418 ✭✭Chris Hansen


    liamw wrote: »
    I bought a tray of cottage cheese from Lidl and immediately drove it home (5 mins) and opened a tub to discover that it tasted as if it were expired (elthough the expiry date was fine). I'm guessing their refrigeration broke at some point during transport or in the store.

    So the next day I went back with the receipt and I was willing to exchange the tray for a fresher tray. The store manager told me that it wasn't their policy to do a refund and there was no way they could know how long it took me to drive it home etc. I've been buying this for about a year so I know when it's bad.

    Do I have any rights here or is just a case of poor customer service?

    Could be just the way its supposed to taste? It was from Lidl?


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    #4
    KenpoKol
    Registered Users Posts: 15 ✭KenpoKol


    Hi Liam,

    I cant comment on your particular case, however i can give you some idea.

    When you buy something, from a shop or a friend, its a contract.

    Second hand goods have a saying Caveat Emptor (Buyer beware), meaning if its faulty you shouldn't of bought it.

    If you buy from a store, the good being bought must fit into all of the following

    1. Of Merchantable Quality: Meaning it must be at an acceptable standard (This sounds relative to you)

    2. Fit for Purpose: Meaning It does what it is supposed to do

    3. Be as described: Nothing is Exaggerated.
    If the good isnt matching the above...
    You are Entitled under Irish Law to the Following

    1. Repair (Not Relavent in this case)
    2. Replacement
    3. Refund.

    To add another note:
    Your Contract is with the Store you bought it at and not with the supplier.

    I hope this helps


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    #5
    Chris Hansen
    Registered Users Posts: 418 ✭✭Chris Hansen


    lucyfur09 wrote: »
    My brother(a former lidl store manager) told me a while ago the best thing to do in your situation is ring lidl's customer care line. 99% of the time you'll get justice(can't think of a better word).

    For great justice?


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    #6
    MyKeyG
    Registered Users Posts: 2,282 ✭✭✭MyKeyG


    Chris Hansen wrote: »
    Could be just the way its supposed to taste? It was from Lidl?
    Well to be fair the OP said they've been buying the same item for a while and it tasted off.

    Unfortunately when it comes to food once you leave the store with the item there's very little you can do to prove the fault isn't yours (short of taking it to a lab) once the sell by date is in order. It doesn't help that you waited until the next day (that may well be because of circumstances but it nevertheless doesn't help).

    The manager is right in a sense, for all he knows you might have absent mindedly left it on the back seat of the car overnight and it was spoilt that way. The best way I found to deal with this sort of thing was to be adamant in your resolve, at the end of the day it's cheese not a laptop and there are very few managers who have the time or inclination to argue over some iffy cottage cheese.

    My ex bought a camera years ago for 300 quid and when she switched it on the screen didn't work, the bloke in the shop said it must have been dropped and I said yes but not by us as it was after all a display model there being no others left in stock. Long story short I argued with him for 20 minutes and in the end he phoned head office. We came away with a better camera and a voucher for 50 free digital photo developments. It's not everyones style and it's unfortunate to have to do it but in the end they don't want the hassle especially when they claimed back on it as display damage.


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    #7
    Badgermonkey
    Closed Accounts Posts: 3,019 ✭✭✭Badgermonkey


    KenpoKol wrote: »
    1. Repair (Not Relavent in this case)
    2. Replacement
    3. Refund.

    Thanks for clearing that up. :D


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    #8
    William Powell
    Closed Accounts Posts: 1,479 ✭✭✭William Powell


    liamw wrote: »
    I bought a tray of cottage cheese from Lidl and immediately drove it home (5 mins) and opened a tub to discover that it tasted as if it were expired (elthough the expiry date was fine). I'm guessing their refrigeration broke at some point during transport or in the store.

    So the next day I went back with the receipt and I was willing to exchange the tray for a fresher tray. The store manager told me that it wasn't their policy to do a refund and there was no way they could know how long it took me to drive it home etc. I've been buying this for about a year so I know when it's bad.

    Do I have any rights here or is just a case of poor customer service?

    I'm very surprised the LIDL store manager took that attitude :confused: from their website...

    Freshness
    From the production stage to the sale of all our products, we ensure that only the highest quality is on our shelves. You will find only the freshest groceries in our stores. Guaranteed!

    Money Back Guarantee
    You may return each article bought in our stores, with proof of purchase, and have the price refunded to you within 28 days of purchase.
    Your statutory rights are not affected

    Customer Hotline is 1800 347 447 (open 8am to 9pm)


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    #9
    liamw
    Closed Accounts Posts: 1,780 ✭✭✭liamw


    MyKeyG wrote: »
    The manager is right in a sense, for all he knows you might have absent mindedly left it on the back seat of the car overnight and it was spoilt that way. The best way I found to deal with this sort of thing was to be adamant in your resolve, at the end of the day it's cheese not a laptop and there are very few managers who have the time or inclination to argue over some iffy cottage cheese.

    I'm aware that there's no way for me to prove that it wasn't my own fault, but that's what consumer protection laws are for and I wasn't sure if they extended to goods like this. Either way, I didn't feel like fighting over €14 but I felt a bit hard done by considering I couldn't eat the food I paid for.

    I was quite frankly just surprised that he wouldn't just let me replace them. I brought them back so it wasn't like I was ever trying to get one over on them. It's pretty poor customer service. I'd ring the hotline but it's just gonna be hassle now for the sake of €14.

    Either way, I was just curious if there was anything I could pursue legally to get a refund for this type of goods. The closest breach under Irish Law is:
    1. Of Merchantable Quality: Meaning it must be at an acceptable standard

    And this is relative, I really don't know how this could work :pac:

    Technically then I can't do much except stop buying their product.


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    #10
    William Powell
    Closed Accounts Posts: 1,479 ✭✭✭William Powell


    Honestly call the customer hotline, in my expereince they are very good at dealing with calls and will get back to you if there is any need to follow up.

    Or you can just fire off an email to cutomer.services@lidl.ie who always reply.


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    #11
    Nanazolie
    Registered Users Posts: 867 ✭✭✭Nanazolie


    I once bought some ice pops and when I got home (5mn drive, the box was in a cooler bag) the pops were all mishaped, like some frozen food that has been thawed and then refrozen. I brought them back, explained my problem and got them exchanged. I find Lidl very good for this, so may be the store manager is not up to date with their policies. Ring the Helpline and explain your issue


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    #12
    Pacing Mule
    Registered Users Posts: 5,059 ✭✭✭Pacing Mule


    KenpoKol wrote: »
    If the good isnt matching the above...
    You are Entitled under Irish Law to the Following

    1. Repair (Not Relavent in this case)
    2. Replacement
    3. Refund.

    To be more accurate you are entitled to one of the above three remedies. It is up to the retailer which remedy they offer. You don't have to accept that remedy and can take a case to the small claims court if you wish.


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    #13
    MyKeyG
    Registered Users Posts: 2,282 ✭✭✭MyKeyG


    liamw wrote: »
    but that's what consumer protection laws are for and I wasn't sure if they extended to goods like this.
    With experience on both sides of the argument having spent time in different types of retail work while at the same time a consumer myself you'd be surprised how far they don't actually stretch at all.

    For example I worked in an electrical goods store and we used to fire boxes around all the time. My girlfriends camera may well have been dropped in store but I couldn't prove that any more than he could prove she dropped it. You couldn't prove you didn't leave the cheese in the boot of the car any more than he couldn't prove it was left in a dodgy fridge in the back. Both situations are a stalemate and the consumer laws certainly don't exist to take sides so to speak.

    As far as I can see there's no legal basis for complaint here.


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