Your consumer rights when you buy food not for for human consumption
So, to another Tesco story. Tesco History with The Complaining Cow. But this time it isn’t involving me! This Christmas people appear to have bought gone off and rancid turkeys. Costing up to £59, the Tesco finest range is coming under fire. The Telegraph, The Guardian and others reported numerous people complaining on social media having bought a turkey that they either threw away or cooked and had their meal ruined and were ill. On Twitter there were claims of people being sick but some people didn’t believe that everyone would be il from one mouthful, or that one wouldn’t smell it was off before cooking. Tesco has said that it would provide full refunds for affected turkeys. But what are your rights? Are you entitled to more?
1) First and foremost under The Consumer Rights Act 2015 you are entitled to goods of satisfactory quality. Clearly this is not the case if you bought a rotten turkey, so are entitled to a full refund. You will need to evidence then purchase with any proof of purchase e.g. receipt, Clubcard record, statement etc. Evidence could be a photograph, report from your local council Environmental Services etc.
2) By breaching a contract (The Consumer Rights Act 2015) it should be considered that Tesco is liable for consequential loss. This means that if it ruined the rest of your meal you are entitled to the cost of the other food. So for instance, in the example regarding giblets used to make the gravy and poured over the food, Tesco is responsible for that too.
3) You are also entitled to loss of enjoyment of the meal. Harder to fight for, but if you were to argue in the Small Claims Court for loss of enjoyment on the big day you’d probably win and frankly trust me on this, although I have taken Tesco to court and won it is unlikely that they would let it go to court. Don’t forget photos of all the untouched turkey.
4) Been made ill? Prove it. Easily done. If you really have had food poisoning you would go to the doctor (each and everyone of you that has the sickness) and provide this evidence. You should also keep part of the turkey. Send some to Tesco for analysis and some to your local Environmental Health department.
5) Tesco has now said it is offering £75 as a goodwill gesture on top of the refund. You could go more if you feel that your loss was more and outline reasons using the Top 20 Tips for how to complain effectively.
For substantial information, advice, consumer law and templates for complaining effectively get the book! How to Complain Effectively: The Essential Consumer Guide to Getting Refunds, Redress and Results!
