Consumer Rights

[slid_away]

Hi All
I bought some protein powder from a well know on line site. I brought it in mid December as a Xmas present for myself (as the powder is £35 per 3kg bag) and it was on offer, buy one get one half price.
I received this a few days later, checked to see if it was the correct stuff, which it was and put it away until I ran out of the one I was using at the time.
A week ago I open the first bag and to my disappointment it was a strawberry flavour when I had ordered unflavoured. The bag stated it was unflavoured. I tried it, thought it was OK as a drink but disgusting in my porridge. I thought I would keep the strawberry for my drink but open the other bag I bought and use this for my porridge. When I did, I found this too was strawberry when again it stated unflavoured on the bag.
I contacted the company, explained the above and they told me they could not do anything as per their terms and conditions, 14 days had passed and I could not return it.
Do I just have to accept this or do I have any rights seeing it was not what I ordered?
Thanks in advance

[factor-fiction]

If it was not what you ordered, and it had been mislabelled , so you weren't to know it was the wrong product, then I'm sure you have a right toa refund

[slid_away]

That is what I was thinking but don't know if by law, I have the right to challenge them.

[rojash]

"if by law, I have the right to challenge them."
Yes you do. The product was not as described. You did all you could to ascertain that it was the correct product without actually opening it and testing it. Companies can't simply set an arbitrary time limit for you to open and test perishable goods.

[sherrardk]

It falls under the Sale of Goods Act 1979 - there is a sample letter here to try and get it sorted out.

http://www.which.co.u...s-act/sample-letters/

[HowardKennitby]

How many days is considered the norm for consuming 3kg of this stuff?

[ojread2]

And is there not a reasonable time limit to adhere to to reject the product within SOGA?

I dont think, receiving and item in mid December and waiting until the end of January a reasonable amount of time

[tonywiltshire]

F30, Rojash & sherrardk are all correct the 1979 sale of goods act has a requirement that “goods must correspond to their description” these goods were not what you ordered and further they are incorrectly labelled. You should act reasonably quickly but the delay is not unreasonable in the circumstances you describe. I suggest you pursue the supplier for either a return of your money or replacement and correct goods, the choice is yours, and these things are often best done in writing.

[slid_away]

Thank you all very much for you answers. It really has helped.
And just to answer your question Howard, I use around 60-90 grams a day so would last much longer than 14 days!

[boxtops]

Let us know how you get on, slid_away - you certainly seem to be within your rights, if the stuff was mislabelled. Different if it had said strawberry on the pack and you just hadn't checked. Good luck!

[slid_away]

Will do Boxtops. Just about to mail them now...

[ojread2]

How did you get one with your mail OP?