broken icecream

the_pen_turner

i was in a shop today getting a cone. the women infront of me bought a cone and was walking out of the door . she took a bit and the cone broke and fell on the ground.

she came back in and asked for it to be replaced. the guy behind the counter came over to the ice cream pouring girl . i got the impression he was more in charge. he refused and told her to buy another.
got a bit heated
she went off in a huff and was saying she would never darken the door again

just wondering if she pursued it would she be entitled to a replacment cone

kathleen37

OOooh, duff cone I would have had the rage about that. Damaged goods, not fit for purpose and all that.

Sleeper12

Bad show on the shops part. I'm not a believer in the customer is always right rubbish but sometimes as small gesture goes a long way. For the sake of a few cents the manager lost a customer & the shops name cou be all over Facebook now

dubrov

What a bunch of cheapskates.

I wouldn't go near the place if I knew who they were

GreeBo

Shocking behaviour.
Sounds like an inexperienced manager tbh.

Klonker

I don't think the owner would have to but you would think they would out of decency. Was the manager Irish by the way?

the_pen_turner

Klonker wrote: »

I don't think the owner would have to but you would think they would out of decency. Was the manager Irish by the way?

not sure was he a manager or just one of those that think they are

he seemed irish.

emo72

For the price of an ice cream? How could you lose? It's only an ice cream. Replace it.

lawred2

<SNIP>

What sort of cnut would refuse another cone in that situation?

dubrov

If I was in the queue behind, I would have just walked out

the_pen_turner

whats the legal situation though.
morally he should have gave her a cone but legaly should he have

T-Maxx

lawred2 wrote:

What sort of cnut would refuse another cone in that situation?

Me.

I'd tell her to buy another or fcuk off.

She got what she paid for and didn't pay attention to what she was doing. Dope.

dubrov

T-Maxx wrote: »

Me.

I'd tell her to buy another or fcuk off.

She got what she paid for and didn't pay attention to what she was doing. Dope.

Did you even read the OP?

blackbox

Surely it was still under warranty!

Sleeper12

the_pen_turner wrote:

whats the legal situation though. morally he should have gave her a cone but legaly should he have

I don't know the answer to that but Kathleen below might have a valid argument.

kathleen37 wrote:

OOooh, duff cone I would have had the rage about that. Damaged goods, not fit for purpose and all that.

SCOOP 64

Happen to my son last year,soon as he got out the shop,cone in hand , ice cream on floor, now i went back in with cone, would have been ready to pay for another one, but no got another for free.
Id say that's done the shop keeper more damage then a price of a icecream in above case.

dr.fuzzenstein

Since this is Ireland I am willing to bet that a gallant solicitor with a big heart and the courage of a lion is ready to step in and charge to the rescue of this downtrodden victim of the evil retailer and get her that €40k she so desperately deserves for this monstrous injustice!
I can't believe people even discuss the legal ramifications of dropping an ice cream.

Well, since we're going down this road, she hopefully kept a receipt and saved the disintegrated cone as evidence. Her solicitor will obtain CCTV footage.
A structural engineer will certainly be able to provide expert testimony in court.
Her chances will be better if she gave a statement to the Gards at the time.
Fat payout, here we come!

Del2005

the_pen_turner wrote: »

whats the legal situation though.
morally he should have gave her a cone but legaly should he have

She dropped her cone and that's the end of it. The only legal thing the shop has to do is make sure that it's not a danger to others by cleaning it up.

If you crash your brand new car on the way out of the dealership they don't replace it for you.

the_pen_turner

Del2005 wrote: »

She dropped her cone and that's the end of it. The only legal thing the shop has to do is make sure that it's not a danger to others by cleaning it up.

If you crash your brand new car on the way out of the dealership they don't replace it for you.

she was (probably still is to everybody that would listen) saying that the cone part must of been broken because it broke straight away.

Glass fused light

Del2005 wrote: »

She dropped her cone and that's the end of it. The only legal thing the shop has to do is make sure that it's not a danger to others by cleaning it up.

If you crash your brand new car on the way out of the dealership they don't replace it for you.

Yeah but .. If you crashed the brand new car on the way out of the dealership 'cas the wheels fell off you might've been a little peeved and look for a replacement cone car.

dubrov

Where did the OP say the cone was dropped?
The cone broke due to a fault and then fell.

The product sold was clearly not fit for purpose

The reality is no one is going to go down a legal route to recover 3 euro.

Sleeper12

dubrov wrote:

The reality is no one is going to go down a legal route to recover 3 euro.

It certainly would be an entertaining one in the small claims court.

greasepalm

Having a good customer relations is better as bad relations may lose you your job if place closes so be thinking of that in the future,my local greengrocer goes beyond to help all his new customers and is only open 4 months.He is 3 times busier than he ever thought.

L1011

The nationality of the staff is of no relevance.

EverythingGood

Klonker wrote: »

I don't think the owner would have to but you would think they would out of decency. Was the manager Irish by the way?

what has that got to do with anything?

jaxxx

L1011 wrote: »

The nationality of the staff is of no relevance.

Agreed, but I used to work in retail and had mostly Irish managers/supervisors with 2 Polish managers. Most of the Irish ones were pure c*nts, whereas the Polish ones were pure genuine and friendly, took an active interest in you, didn't just see you as a number, etc etc etc. Possibly what he meant? Then again possibly not.

Bandana boy

Incredibly daft of the manager , Whipped Ice cream has a huge margin and a large part of the cost is the machine not the actual ice cream.
if giving a replacement would have got her back even once it more than covered the cost of doing so, really stupid short term thinking.

kathleen37

There is clearly a difference in dropping an ice cream and one falling due to a faulty cone.

If I ever dropped an ice cream (and if I did, it would serve me right for not giving the proper deference and respect due) I would never expect it to be replaced. The issue here is the duff cone.

Like I said - I would have been less than pleased in that situation and absolutely would have expected a replacement.

2nd Row Donkey

No need to cry over spilt frozen sugared milk.

Cypher_sounds

Name of shop and location?

dudara

Cypher_sounds wrote: »

Name of shop and location?

Not required

dudara

.red.

Surely when the buyer handed over the money she formed a cone-tract with the seller, the item broke, wasn't dropped so the fit for purpose thing is real meaning the cone-tract was broken by the seller?
Thanks Alan!

BabysCoffee

Bad customer service on the part of the manager. A replacement cone should have been offered straightaway

T-Maxx

She crushed the cone with her hand or toppled the ice cream while licking/biting it.

A defective, broken cone? Jaysus what next. I'm done here.

Sleeper12

T-Maxx wrote:

She crushed the cone with her hand or toppled the ice cream while licking/biting it.

You don't know that. All we can go on is what the op has told us & he definitely didn't say that

I don't think anyone is suggesting going to court or solicitors letters. Op is just curious as to what the law says. I know it can sound petty but the same law covers this as larger more expensive items

the_pen_turner

i dont know if the cone was broke before she got it or if she broke it. she claimed it snapped of very easy.

no one is goig to court . just wondering what the law states

Kenny Logins

Sounds like this shop manager got 99 problems but...

Snotty

People also forget, attitude goes a long way too. This lady could have stormed back in and shouted at the other (maybe young) staff member causing the manager to step in. In that case, I'd rightly tell the lady to clear off, even if the cone costs cents. There's two sides to every story but we only every hear 3rd or 4th hand stuff on here.

the_pen_turner

Snotty wrote: »

People also forget, attitude goes a long way too. This lady could have stormed back in and shouted at the other (maybe young) staff member causing the manager to step in. In that case, I'd rightly tell the lady to clear off, even if the cone costs cents. There's two sides to every story but we only every hear 3rd or 4th hand stuff on here.

normally i would agree with you. we usually only hear one side .

its not 3rd hand. i was right there when she came back in . straight to the point maybe but not rude.
the 'manager' was at the till beside the window so saw the cone fall. she went straight to the girl who made the cone (now serving me) and told her the cone broke . 'manager' comes over and tells her to buy another one.

greasepalm

Cones are brittle and i see them in my local shop and uses them when he likes a tub of ice cream as you have a choice and uses the broken cone as a scoop and its not wasted and hmmmmm lovely.

Snotty

the_pen_turner wrote: »

the 'manager' was at the till beside the window so saw the cone fall.

So he seen what happened and formulated the decision she didn't deserve a new cone based on that.

galvo_clare

I once lost a fancy cone to a seagull in Cornwall. Had to do the walk of shame back to the shop and not a penny discount. Judging by their reaction I wasn’t the first.

KaneToad

Kenny Logins wrote: »

Sounds like this shop manager got 99 problems but...

/close thread

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