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Mail Order Company Refusing to Allow return on Faulty product

9 replies

Charliesunnysky10 · 18/04/2024 21:05

Recovering from pneumonia, I bought a tub of health drink online, but it tastes awful, really salty and gave me a headache.

The company offer '365 day returns guaranteed' so I contacted them to let them know. They came back and said unsaleable items are excluded. And I've obviously tried the drink so it's unsaleable.

I countered that under distance selling laws i have 14 days to return any item, even if it wasn't faulty (I believe it is, as it shouldnt be so strongly salty on a weak dilution). I offered to pay return postage.

They disagree but offered me 10% discount on future purchases.

Are they having me on or am I correct?

OP posts:
prh47bridge · 18/04/2024 22:23

I would imagine this classes as sealed goods that are not suitable for return for health or hygiene reasons. If that is the case, I'm afraid they are correct. The 14-day right to return does not apply.

Charliesunnysky10 · 18/04/2024 22:38

@prh47bridge Thanks. Even if they're faulty?

OP posts:
prh47bridge · 18/04/2024 23:48

If the goods are faulty that brings the Consumer Rights Act into play. Under that, you have 30 days to reject the goods and receive a full refund. However, the fact you dislike the taste does not necessarily mean the drink is faulty.

Charliesunnysky10 · 18/04/2024 23:59

@prh47bridge its more that it doesn't taste like mango as advertised and does give me a headache (which wasn't advertised).

OP posts:
Meadowfinch · 19/04/2024 00:06

Plenty of things don't taste' like they should' (which is subjective) but that doesn't mean they are faulty.

And something giving you a headache may be you have a sensitivity to it, or something completely unrelated to the product. So again, very hard to prove.

If it was covered in mould or obviously contaminated with a non-food element that would be different. Could it be that it contains rehydration salts which is why it tastes salty?

Starbugg · 19/04/2024 00:18

Under distance selling you don’t have 14 days to return “any” item. You can’t return food, especially not after you’ve opened it.

Charliesunnysky10 · 19/04/2024 08:05

Fair enough. Thank you for clearing it up. I'd rather know the reality 😊

OP posts:
idontlikealdi · 19/04/2024 08:08

You don't like it, doesn't mean it's faulty!

peppermintsforall · 19/04/2024 08:28

What does it say in the small print about the "365 day returns guaranteed?" If it says if you try it and you don't like it you can return then I guess you can argue that only way to try it is to open it. If it doesn't specifically say then then you're stuck with it!

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