Can't return item

[marybeth8]

What is the name of your state? MS

Did a pickup order from Kroger grocery and two of the things in the pickup order were cold medicine. They said out of stock and said they were going to sub for the bigger size free of charge. Expect they subbed for "Nicorette Coated Nicotine Ice Mint Flavor Lozenges". Kind of expensive at $54 each.

Went to return them and was told no. The lady had no idea and asked someone else who was just like "ummm... better we don't". Tried to tell them I didn't buy it and it a sub by an employee but they didn't care. Asked to speak to a manager and was told there wasn't any in and they took down my number but it's been a week and no one called. Tried calling the store 3x, either they don't pick up or operator transfers me to the manager who doesn't pick up.

I don't smoke and have no use of stop smoking aids. They sell these on a shelf next to eye drops and cold medicine, and not behind a counter next to cigarettes, probably why it subbed by mistake. Kroger website says "Return of Tobacco, Beer, Wine and Alcohol is governed by local law". I believe it contains a little nicotine, not sure if it's considered a tobacco product. Wasn't bought on Nicorette website, but the website says free 30 days returns.

(1) Can it be returned? Wasn't able to find any local law.
(2) Assuming the manager doesn't accept, I'll do a credit card dispute. Aside from a credit card dispute, is there anything else relatively easy I can try? Not worth hiring a lawyer and going to court over $108.

 

[Zigner]

Work your way up the chain at Kroger.

 

[quincy]

What is the name of your state? MS

Did a pickup order from Kroger grocery and two of the things in the pickup order were cold medicine. They said out of stock and said they were going to sub for the bigger size free of charge. Expect they subbed for "Nicorette Coated Nicotine Ice Mint Flavor Lozenges". Kind of expensive at $54 each.

Went to return them and was told no. The lady had no idea and asked someone else who was just like "ummm... better we don't". Tried to tell them I didn't buy it and it a sub by an employee but they didn't care. Asked to speak to a manager and was told there wasn't any in and they took down my number but it's been a week and no one called. Tried calling the store 3x, either they don't pick up or operator transfers me to the manager who doesn't pick up.

I don't smoke and have no use of stop smoking aids. They sell these on a shelf next to eye drops and cold medicine, and not behind a counter next to cigarettes, probably why it subbed by mistake. Kroger website says "Return of Tobacco, Beer, Wine and Alcohol is governed by local law". I believe it contains a little nicotine, not sure if it's considered a tobacco product. Wasn't bought on Nicorette website, but the website says free 30 days returns.

(1) Can it be returned? Wasn't able to find any local law.
(2) Assuming the manager doesn't accept, I'll do a credit card dispute. Aside from a credit card dispute, is there anything else relatively easy I can try? Not worth hiring a lawyer and going to court over $108.

First, here is a link to Kroger’s Pickup and Delivery terms:

https://www.kroger.com/i/terms/pickup-and-delivery

After placing your order, you should have been sent a text or email that acknowledged receipt of your order and it should also have included a list of the items and quantity of items selected. You are given an option of rejecting any substituted item including at time of pickup or delivery. See Section 7, Substitution, in the terms of use. See also Section 16 for the Return Policy.

There is nothing legally that prevents the return of unopened Nicorette lozenge packages. I agree with Zigner that you need to speak to someone else at Kroger. Be sure to save your receipt.

 

[Zigner]

There is nothing legally that prevents the return of unopened Nicorette lozenge packages. I agree with Zigner that you need to speak to someone else at Kroger. Be sure to save your receipt.

Tobacco (and alcohol) products are covered by laws and/or regulations that likely prevent the return. The OP needs to work their way up the chain at Kroger to see if either (a) an exception can be made (unlikely) or (b) credit can be given without requiring the return of the product.

 

[quincy]

Tobacco (and alcohol) products are covered by laws and/or regulations that likely prevent the return. The OP needs to work their way up the chain at Kroger to see if either (a) an exception can be made (unlikely) or (b) credit can be given without requiring the return of the product.

Actually, and perhaps surprisingly, Nicorette lozenges and patches apparently are not covered by tobacco laws.

 

[Zigner]

Actually, and perhaps surprisingly, Nicorette lozenges and patches apparently are not covered by tobacco laws.

Fair enough.

 

[quincy]

This is Ohio’s law but I suspect it is similar to the laws in Mississippi (see Exclusions)::

https://odh.ohio.gov/know-our-programs/tobacco-use-prevention-and-cessation/tobacco-21

I will explore further to see if I can find Mississippi’s law.

 

[adjusterjack]

Here's the remedy.

Pickup & Delivery - Kroger

" If we make a substitution to your Pickup order, you may reject such substitution at pickup by notifying the store associate handling your pickup. If you receive a substitution you’re unhappy with on a Delivery order, visit our Help Center or initiate a return through the Past Purchases in our website or mobile app."

 

[quincy]

Here's the remedy.

Pickup & Delivery - Kroger

" If we make a substitution to your Pickup order, you may reject such substitution at pickup by notifying the store associate handling your pickup. If you receive a substitution you’re unhappy with on a Delivery order, visit our Help Center or initiate a return through the Past Purchases in our website or mobile app."

This was already linked to in Post #3. And Section 16 is the Return Policy.

 

[LdiJ]

What is the name of your state? MS

Did a pickup order from Kroger grocery and two of the things in the pickup order were cold medicine. They said out of stock and said they were going to sub for the bigger size free of charge. Expect they subbed for "Nicorette Coated Nicotine Ice Mint Flavor Lozenges". Kind of expensive at $54 each.

Went to return them and was told no. The lady had no idea and asked someone else who was just like "ummm... better we don't". Tried to tell them I didn't buy it and it a sub by an employee but they didn't care. Asked to speak to a manager and was told there wasn't any in and they took down my number but it's been a week and no one called. Tried calling the store 3x, either they don't pick up or operator transfers me to the manager who doesn't pick up.

I don't smoke and have no use of stop smoking aids. They sell these on a shelf next to eye drops and cold medicine, and not behind a counter next to cigarettes, probably why it subbed by mistake. Kroger website says "Return of Tobacco, Beer, Wine and Alcohol is governed by local law". I believe it contains a little nicotine, not sure if it's considered a tobacco product. Wasn't bought on Nicorette website, but the website says free 30 days returns.

(1) Can it be returned? Wasn't able to find any local law.
(2) Assuming the manager doesn't accept, I'll do a credit card dispute. Aside from a credit card dispute, is there anything else relatively easy I can try? Not worth hiring a lawyer and going to court over $108.

Did you try calling the customer service line that deal directly with the delivery part of the service? In other words, rather than trying to return the item you should be disputing it ever being delivered and charged to you because you did not order it. They might not be able to accept a return, but they cannot charge you for something you never ordered.

 

[quincy]

Did you try calling the customer service line that deal directly with the delivery part of the service? In other words, rather than trying to return the item you should be disputing it ever being delivered and charged to you because you did not order it. They might not be able to accept a return, but they cannot charge you for something you never ordered.

It was not delivered. marybeth8 picked up a phone-in order.

 

[LdiJ]

It was not delivered. marybeth8 picked up a phone-in order.

Ok but still, an item she did not order was shopped by someone else and delivered to her car. The same principle applies. I get groceries and sundries either delivered or shopped for pickup all the time, from Kroger as well as other stores. It makes absolutely no sense that Kroger is refusing to correct an error on the part of the shopper. They never give me any trouble at all about correcting those kinds of errors, and those kinds of errors are very common. To be honest, they don't even require the items to be returned normally, they just credit me and eat the cost.

 

[quincy]

Ok but still, an item she did not order was shopped by someone else and delivered to her car. The same principle applies. I get groceries and sundries either delivered or shopped for pickup all the time, from Kroger as well as other stores. It makes absolutely no sense that Kroger is refusing to correct an error on the part of the shopper. They never give me any trouble at all about correcting those kinds of errors, and those kinds of errors are very common. To be honest, they don't even require the items to be returned normally, they just credit me and eat the cost.

The Kroger “shopper” picks out the items that are ordered by the buyer and, if an item on the shopping list is unavailable, the store shopper contacts the buyer to see if the buyer wants to substitute the unavailable item for a similar in-stock item. The buyer can say “yes substitute the item” or “no just remove the item from my list.”

Marybeth okayed the substitution - but she did not expect the throat lozenges substitute to be nicotine-replacement lozenges. And the Kroger shopper apparently did not know the difference in the types of lozenges.

Marybeth should be able to return the Nicorette lozenges because they are not regulated under tobacco/alcohol laws - but the Kroger employee(s) were obviously reluctant to accept the return and refund, probably because they did not know these lozenges were exempt. The penalties can be stiff for violating the tobacco laws.

 

[LdiJ]

The Kroger “shopper” picks out the items that are ordered by the buyer and, if an item on the shopping list is unavailable, they contact the buyer to see if they want to substitute the unavailable item for a similar in-stock item. The buyer can say “yes substitute the item” or “no just remove the item from my list.”

Marybeth okayed the substitution - but she did not expect the throat lozenges substitute to be nicotine-replacement lozenges. And the Kroger shopper apparently did not know the difference in the types of lozenges.

Marybeth should be able to return the Nicorette lozenges because they are not regulated under tobacco/alcohol laws - but the Kroger employee(s) were obviously reluctant to accept the return and refund, probably because they did not know these lozenges were exempt. The penalties can be stiff for violating the tobacco laws.

Yes, but since the item was not what Marybeth ordered nor was it the expected substitute for the throat lozenges, she should not be required to pay for them whether they can be returned or not. That was my point. I say this as a frequent Kroger shopper via both pickup and delivery. Everyone (including Marybeth and the employees she dealt with) are treating this as a return rather than as a credit for a shopper error.

When this happens to me, I make a phone call and state, I ordered X, I got Y. Please credit me for the item and they do so happily. Shoppers make these kinds of errors all of the time when it involves products they are not familiar with and substitutions. There are even some shoppers that make wonderful substitutions without even asking, because they are knowledgeable enough to do so.

Plus, if you re-read the original post Marybeth stated "Did a pickup order from Kroger grocery and two of the things in the pickup order were cold medicine. They said out of stock and said they were going to sub for the bigger size free of charge". Therefore Marybeth didn't even remotely ok the actual substitution made. Nicorette lozenges are not a "bigger size" of the cold medicine Marybeth ordered.

 

[quincy]

Yes, but since the item was not what Marybeth ordered nor was it the expected substitute for the throat lozenges, she should not be required to pay for them whether they can be returned or not. That was my point. I say this as a frequent Kroger shopper via both pickup and delivery. Everyone (including Marybeth and the employees she dealt with) are treating this as a return rather than as a credit for a shopper error.

When this happens to me, I make a phone call and state, I ordered X, I got Y. Please credit me for the item and they do so happily. Shoppers make these kinds of errors all of the time when it involves products they are not familiar with and substitutions. There are even some shoppers that make wonderful substitutions without even asking, because they are knowledgeable enough to do so.

Plus, if you re-read the original post Marybeth stated "Did a pickup order from Kroger grocery and two of the things in the pickup order were cold medicine. They said out of stock and said they were going to sub for the bigger size free of charge". Therefore Marybeth didn't even remotely ok the actual substitution made. Nicorette lozenges are not a "bigger size" of the cold medicine Marybeth ordered.

The Nicorette lozenges are placed in the same cold medicine section as Luden’s, Halls, Ricola and other throat lozenges. It appears to be an honest error made by the Kroger shopper, and further complicated by the Kroger employees who probably saw the word “nicotine” somewhere on the package and thought the lozenges fell under tobacco laws.

Whatever the case, the lozenges should be returnable and a refund made with the receipt.