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lidl ireland breaching rights

  • 11-02-2021 1:22am
    #1
    Registered Users Posts: 16


    On their refund section(customer-service.lidl.ie/SelfServiceIE/s/article/What-is-your-refund-policy-1593336826127), they say:
    If you have a problem with an item...

    YOU ARE COVERED!
    • Within 60 Days
    • With proof of purchase

    Any item that is not covered by a manufacturer's guarantee will be automatically covered by our 60 day guarantee.

    As great as that is for Lidl, that falls foul of Irish legislation (Sale of Goods and Supply of Services Act, 1980
    Subsection 11 - www dot irishstatutebook.ie/eli/1980/act/16/section/11/enacted/en/html#sec11) which clearly states :

    "For the purposes of this section a statement to the effect that goods will not be exchanged, or that money will not be refunded, or that only credit notes will be given for goods returned, shall be treated as a statement to which subsection (1) refers unless it is so clearly qualified that it cannot be construed as applicable in circumstances in which the buyer may be seeking to exercise a right conferred by any provision of a section mentioned in subsection (1)."


    Clearly, the publication of the above on their website is in breach of this; implying that normal laws regarding faulty items don't apply to them.

    I especially absolutely loathe (*local*) retailers who take money and then straight away pass the buck to (*distant*) manufacturers.

    Can something be done about this?

    60 days is not an upper limit on expected lifetime on their pricier items(30/40+)


Comments

  • Registered Users Posts: 24,509 ✭✭✭✭Strumms


    Your contract is between you and the business who you purchase the item / service from...

    If I buy a Levi’s jacket online from x retailer, if there is a fault with the zip that I discover on trying on the jacket or a button missing whatever.... my contract is with ABCmenswear.com or whoever I made the purchase from... I have no contract with the manufacturer... I DO with the retailer...

    If I buy a Toyota whatever and it breaks down two days after I take it home... my contract is with O’Learys Toyota, Downlish Road, Co Dublin ... not Toyota in Aichi, Japan..


  • Registered Users Posts: 1,934 ✭✭✭wingnut


    plomino wrote: »
    On their refund section(customer-service.lidl.ie/SelfServiceIE/s/article/What-is-your-refund-policy-1593336826127), they say:

    " YOU ARE COVERED!
    • Within 60 Days
    • With proof of purchase

    Any item that is not covered by a manufacturer's guarantee will be automatically covered by our 60 day guarantee."

    As great as that is for Lidl, that falls foul of Irish legislation (Sale of Goods and Supply of Services Act, 1980
    Subsection 11 - www dot irishstatutebook.ie/eli/1980/act/16/section/11/enacted/en/html#sec11) which clearly states :

    "For the purposes of this section a statement to the effect that goods will not be exchanged, or that money will not be refunded, or that only credit notes will be given for goods returned, shall be treated as a statement to which subsection (1) refers unless it is so clearly qualified that it cannot be construed as applicable in circumstances in which the buyer may be seeking to exercise a right conferred by any provision of a section mentioned in subsection (1)."


    Clearly, the publication of the above on their website is in breach of this; implying that normal laws regarding faulty items don't apply to them.

    I especially absolutely loathe (*local*) retailers who take money and then straight away pass the buck to (*distant*) manufacturers.

    Can something be done about this?

    60 days is not an upper limit on expected lifetime on their pricier items(30/40+)

    Do what? I've never heard anyone having an issue returning goods there, their electronics, tools etc all have 3 year guarantees. Like you say the law does not allow them to limit to 60 days, so it's on your side in an argument with them.

    Have you been refused a refund for something? If not who care what this says it's the real world experience that matters.


  • Registered Users Posts: 18,775 ✭✭✭✭Del2005


    plomino wrote: »
    On their refund section(customer-service.lidl.ie/SelfServiceIE/s/article/What-is-your-refund-policy-1593336826127), they say:

    " YOU ARE COVERED!
    • Within 60 Days
    • With proof of purchase

    Any item that is not covered by a manufacturer's guarantee will be automatically covered by our 60 day guarantee."

    As great as that is for Lidl, that falls foul of Irish legislation (Sale of Goods and Supply of Services Act, 1980
    Subsection 11 - www dot irishstatutebook.ie/eli/1980/act/16/section/11/enacted/en/html#sec11) which clearly states :

    "For the purposes of this section a statement to the effect that goods will not be exchanged, or that money will not be refunded, or that only credit notes will be given for goods returned, shall be treated as a statement to which subsection (1) refers unless it is so clearly qualified that it cannot be construed as applicable in circumstances in which the buyer may be seeking to exercise a right conferred by any provision of a section mentioned in subsection (1)."


    Clearly, the publication of the above on their website is in breach of this; implying that normal laws regarding faulty items don't apply to them.

    I especially absolutely loathe (*local*) retailers who take money and then straight away pass the buck to (*distant*) manufacturers.

    Can something be done about this?

    60 days is not an upper limit on expected lifetime on their pricier items(30/40+)

    You have no right to a refund under the sale of goods and supply of services act. So Lidl, or any retailer, can set their return policy with any restrictions that they want.

    What the sale of goods and supply of services act covers is defective products and I've yet to hear that Lidl doesn't follow this.


  • Registered Users Posts: 3,706 ✭✭✭Doodah7


    Another armchair consumer rights lawyer OP.

    It is quite clear that Lidl's policy is IN ADDITION to your statutory consumer rights.

    You might change your inflammatory and misleading title while you are at it.


  • Registered Users Posts: 6,049 ✭✭✭Trigger Happy


    I have always found Lidl to be really good with returns of faulty items.
    What issue are you looking for advice on OP? What are you trying to return and what did they say?


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  • Registered Users Posts: 4,704 ✭✭✭Xterminator


    Hi OP

    As already said lidls T's & C's are in addition to your statutory rights, and they, and other vendors cannot over rule the statutory rights. so you are factually incorrect with your statement.

    Lidl actually are pretty decent to deal with for returns etc. in my experience.

    I dont know what has happened, to upset you, but if you post your actual experience, im sure we can advise.


  • Registered Users Posts: 16 plomino


    The top line got cut off. The linked Lidl page states: if you have a problem with an item -> Lidl trying to catch people off-guard who are not familiar with their consumer rights was my point.
    If you have a problem with an item...

    YOU ARE COVERED!
    • Within 60 Days
    • With proof of purchase

    will try to update OP with it.


    Also, yes I am familiar anything Lidl says is in addition to my rights. I just find this very dishonest. Not every person in the country will have studied business in an Irish secondary school.


  • Registered Users Posts: 16 plomino


    Doodah7 wrote: »
    Another armchair consumer rights lawyer OP.

    It is quite clear that Lidl's policy is IN ADDITION to your statutory consumer rights.

    You might change your inflammatory and misleading title while you are at it.

    It is not quite clear thus this thread. Look around - most retailers explicitly state 'in addition to your regulatory right/ this does not affect your consumer rights under law.

    Lidl are clearly being misleading to divert responsibility.
    re-read my quote from irish law:
    For the purposes of this section a statement to the effect that goods will not be exchanged, or that money will not be refunded, or that only credit notes will be given for goods returned, shall be treated as a statement to which subsection (1) refers unless it is so clearly qualified that it cannot be construed as applicable in circumstances in which the buyer may be seeking to exercise a right conferred by any provision of a section mentioned in subsection (1)."

    The very act of Lidl publishing that nonsense on their website is accurate and in breach of Irish law.


  • Registered Users Posts: 16 plomino


    Hi OP

    As already said lidls T's & C's are in addition to your statutory rights, and they, and other vendors cannot over rule the statutory rights. so you are factually incorrect with your statement.


    I'll ignore your snide comments and address your 'factually incorrect'.

    I clearly am not. The publication of a statement which diminishes your regulatory rights (w.r.t. this Act) is illegal. Back in your box chump. Hmmm look at that, guess I didn't ignore your snide comment.


  • Registered Users Posts: 7,732 ✭✭✭ASOT


    I see lockdown has driven you mad anyway op.


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  • Registered Users Posts: 10,169 ✭✭✭✭Jim_Hodge


    plomino wrote: »
    I'll ignore your snide comments and address your 'factually incorrect'.

    I clearly am not. The publication of a statement which diminishes your regulatory rights (w.r.t. this Act) is illegal. Back in your box chump. Hmmm look at that, guess I didn't ignore your snide comment.

    Nothing in the statement diminishes your rights in any shape or form.


  • Registered Users Posts: 78,195 ✭✭✭✭Victor


    Strumms wrote: »
    Your contract is between you and the business who you purchase the item / service from...

    Sure, but that is not to say that manufacturers don't have responsibilities https://en.wikipedia.org/wiki/Donoghue_v_Stevenson


  • Registered Users Posts: 4,704 ✭✭✭Xterminator


    lidl ireland breaching rights



    you are saying you think the wording of their refund policy. nothing the company says or prints diminishes your rights. hence it is factually incorrect.

    had you said lidl Ireland misleading customers you may have had a point. but then you do see quite animated and passive aggressive with comments that you dont like.


  • Registered Users Posts: 16 plomino


    you are saying you think the wording of their refund policy. nothing the company says or prints diminishes your rights. hence it is factually incorrect.

    had you said lidl Ireland misleading customers you may have had a point. but then you do see quite animated and passive aggressive with comments that you dont like.

    Please crawl back in to the haybarn and stop trying to act like you're not thick as ****.


  • Moderators, Business & Finance Moderators, Motoring & Transport Moderators, Society & Culture Moderators Posts: 66,577 Mod ✭✭✭✭L1011


    This thread is going nowhere, the OP thinks everything is abusive to them and is yet actually abusive themselves.

    Thread closed

    OP - please learn some basic forum etiquette before posting again. A strong challenge to a post is not harrasment, but the post you were carded for is never acceptable


This discussion has been closed.
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