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LIDL refusing return

  • 08-11-2021 5:24pm
    #1
    Posts: 0


    I don't know whether to be mad or amused.

    Accompanied the oul lad to LIDL to pick up a chainsaw he wanted for occasional light work. Added oil and petrol but it wouldn't start and there was a mechanical defect with the choke. They wouldn't take it back in store cos it was a petrol machine. They couldn't show me a link to that restriction on the website but said I could call a number to return it. Should have been told that when I bought it, but OK - we will let it slide.

    Turns out the number only works on whatsapp chat with long painful waits for responses. On the failure they offered me an email address for their warranty people in the UK, but as the thing was not working out of the box the oul lad had lost all confidence and wanted a return on it.

    I quoted their change of mind policy https://www.lidl.ie/information/compliance/refund-policy

    "Change Your Mind?

    NO PROBLEM!

    • Within 28 days

    • With proof of purchase

    • With all parts labels and packaging

    • If the item is fit for sale"

    They said "This only applies to items that have not been opened and are still in the original packaging." I replied that the item was in the original packing and asked them to link me the bit about the item not being opened. They couldn't.

    That lead to the final exchange:

    [16:49, 08/11/2021] Lidl: This item is not "Fit for sale"

    [16:50, 08/11/2021] Me: why not? you sold it to me

    [16:50, 08/11/2021] Lidl: Because it is faulty as you have advised.

    [16:51, 08/11/2021] Me: it was faulty when you sold it to me

    [16:51, 08/11/2021] Lidl: If you email the service agent on the email address provided they can assist with the warranty.

    I'm sure the fit-for-sale clause is to stop people returning crap they damaged themselves, but they are using it as a get out clause.

    I just want to get my elderly father his money back. And yes I'm familiar with repair/replace/refund at the the seller's discretion, but I feel they are using a small clause in the refund policy against the spirit in which it was meant to refuse the refund.

    Any ideas?



«1

Comments

  • Registered Users Posts: 2,170 ✭✭✭ForestFire


    You got the item and it failed to work from its first use?


    Return it to the shop under your consumer rights, as the item was damaged and not fit for sale, when you got it,

    Return to the shop you bought it from, as they are the shop that are responsible as the seller, no one else.

    Ask you one of your 3 options they can offer:-

    1) refund

    2) Replacement

    3)Repair (Unlikely they will do this and maybe as it failed immediately you can refuse this??)



  • Registered Users Posts: 266 ✭✭stopthevoting


    The "Change your mind" policy is not for your situation



  • Posts: 0 [Deleted User]


    Thanks but they called the manager and refused to take it because it might have petrol in it. As mentioned above I couldn't get them to show me the rules about this in print or online anywhere.



  • Posts: 0 [Deleted User]


    Why not? It doesn't work out of the box. I wanted it because I thought I was buying a fit-for-sale item. It wasn't fit for sale so I changed my mind. Even if warranty fixed it, we would never have any confidence in a brand new product which can be life endangering if defective, that was broken on purchase.



  • Registered Users Posts: 80,443 ✭✭✭✭Atlantic Dawn


    The petrol element is more about fire hazard in-store. They should provide a repair or replacement with them arranging the swap of item you purchased.


    Try them on Twitter.



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  • Registered Users Posts: 10,399 ✭✭✭✭28064212


    That's not what their change-of-mind policy covers. Their policy is in addition to your statutory rights - the company can attach whatever conditions they want to their own policy, so long as it doesn't attempt to restrict your statutory rights. If their policy says you can only return items during a full moon, or when you're wearing a green hat, or only if the product literally explodes, they can do that. In Lidl's case, one of the explicit conditions is "If the item is fit for sale" - you yourself admit it's not fit for sale, therefore it's not covered under their policy.

    Their policy is completely irrelevant in this case - go back to the retailer and say you are claiming the item was not fit for sale, therefore you are claiming under your statutory rights.

    Boardsie Enhancement Suite - a browser extension to make using post-migration Boards on desktop a better experience (includes full-width display, keyboard shortcuts, and a dark mode setting)



  • Registered Users Posts: 2,170 ✭✭✭ForestFire


    I'm sorry the petrol is just a poor excuse on their part.


    If my car breaks down, can a garage refuse to fix it?


    They sold the product with petrol, they need to take it back.

    Post edited by ForestFire on


  • Registered Users Posts: 81 ✭✭Ned Led Zeppo


    Contact Consumer Ireland LTD.



  • Registered Users Posts: 80 ✭✭chocoholic999


    You could take the case to the small claims court



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  • Registered Users Posts: 25,505 ✭✭✭✭Mrs OBumble


    Lidl didn't, the OP told us that they added the petrol.

    TBH, I can see Lidls point.



  • Registered Users Posts: 2,170 ✭✭✭ForestFire


    Not literally, but they sell products that require the customer to add petrol, then it's their responsibility to take returns for defective products when required, not for the OP to figure out how they process returns.

    Post edited by ForestFire on


  • Registered Users Posts: 1,068 ✭✭✭Nesta99


    I bought a petrol lawnmower from Lidl a couple of years ago, charged the battery for push button start, filled with petrol but wouldnt work. I went in to the store to tell them the issue (was pretty sure it just needed a replacement battery pack or charger as it did start using an external power pack). They said drain the petrol, return the whole product for a swap or a refund. So I did a swap no hassles and no bother since.



  • Registered Users Posts: 984 ✭✭✭Still stihl waters 3


    But you can understand why they wouldn't take it back with petrol in it, if op took out petrol maybe the store would take it back. Though usually aldi and lidl take returns without ever having too much hassle



  • Registered Users Posts: 2,170 ✭✭✭ForestFire


    Okay, if it's still full of petrol, and it can be drained reasonable easy, then fair enough, the OP should drain it first, but the OP hasn't quite said that is the case, but it's not clear.


    "They wouldn't take it back in store cos it was a petrol machine."



  • Registered Users Posts: 25,505 ✭✭✭✭Mrs OBumble



    Lidl have not refused the return. They've just asked the OP to present it in a non-standard way, because it has some particular risks.



  • Registered Users Posts: 40,166 ✭✭✭✭Annasopra


    It was so much easier to blame it on Them. It was bleakly depressing to think that They were Us. If it was Them, then nothing was anyone's fault. If it was us, what did that make Me? After all, I'm one of Us. I must be. I've certainly never thought of myself as one of Them. No one ever thinks of themselves as one of Them. We're always one of Us. It's Them that do the bad things.

    Terry Pratchet



  • Registered Users Posts: 3,817 ✭✭✭Darc19


    I sincerely hope that they did not sell the product with petrol.

    Would you expect them to take back a faulty condom with sperm in it?


    They've given you a process, albeit a flawed one, but harping on like it's a major catastrophe is making your posts ridiculous



  • Registered Users Posts: 2,170 ✭✭✭ForestFire


    If you took 2 seconds to read my follow up points you would see I clarified this.



  • Posts: 0 [Deleted User]


    It was drained of petrol, but they still wouldn't accept the return. I understand that they don't want petrol in the store.



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  • Registered Users Posts: 2,170 ✭✭✭ForestFire


    SBS how are they willing to accept the return of this faulty item?

    Have they told you how to proceed?



  • Posts: 0 [Deleted User]


    They aren't willing to accept the return - that's the problem.

    I just cited the sale of goods act to them, as it supercedes any of their policies.

    https://thecai.ie/your-rights/your-rights/know-your-rights/

    Under the Sale of Goods and Supply of Services Act 1980, anything you buy from a retailer must be:

    of merchantable quality

    fit for its normal purpose, and reasonably durable

    as described, whether the description is part of the advertising or wrapping, on a label, or something said by the salesperson.

    When you buy goods from a retailer, you make a contract with him. He agrees to provide certain goods to you for a certain price. If your purchase turns out to be faulty, the retailer, not the manufacturer, is responsible to you and must sort out your complaint. You are entitled to a refund, a replacement or a repair.



  • Registered Users Posts: 18,770 ✭✭✭✭Del2005


    They don't have a choice in taking it back or not, the law says they have to. If they are selling products that can have dangerous substances added then they need to have a storage facility rated on site to have these returned, it's not the consumers job to mess around when the law says that the retailer has to deal with defective items.



  • Registered Users Posts: 6,426 ✭✭✭zg3409


    I had a broken Aldi generator. After ringing support line the courier collected it to bring to UK for repair. They sent back a new one eventually. Give them your address to collect it.

    I can understand under health and safety not taking petrol items back in store. They are cheap for a reason.



  • Registered Users Posts: 2,170 ✭✭✭ForestFire


    As you have sated yourself, your rights and the law:-

    The retailer, not the manufacturer, is responsible to you and must sort out your complaint.

    You are entitled to a refund, a replacement or a repair.


    I will reiterate, The retailer is responsible to accept the return, and provide a reasonable resolution to this.

    They can not expect you to manage all safety aspects of the return on an item that they sell, you have done as much as you can.

    tell them to organise collection of the part (Including costs), or they can refund you without taking the part back, if they really do not want it back!!



  • Registered Users Posts: 984 ✭✭✭Still stihl waters 3




  • Posts: 0 [Deleted User]


    The whatsapp support is now ignoring me. My updates today went unanswered.

    I'll grab a manager in store tomorrow - now that I know the law, I won't be so easily fobbed off. You might be reading about me in the papers

    "Customer Moves Into LIDL In Refund Standoff"



  • Registered Users Posts: 3,095 ✭✭✭paul71


    Simple state to the manager you have been ignored by whatsapp support and are now exercising your rights under the Sale of Goods Act unless you have immediate resolution, follow up by actually registering a claim. Ring a court clerk to assist you in doing this.



  • Registered Users Posts: 3,817 ✭✭✭Darc19


    Nothing in the law states that the retailer must take it back in the store.

    The retailer has appointed an agent to manage such issues on their behalf and a simple call to that agent working for the retailer will sort it out.



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  • Registered Users Posts: 1,546 ✭✭✭rock22


    Then surely it is up to the retailer to make that 'simple call' . Clearly the OP cannot get through to them on the number he was given.



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