ice cream (cookies and cream)

Hi Sir/Ma'am,
Need your advise lang po. last Wednesday March 6 i bougth an ice cream (cookies and cream) at 7-11 here in Mindanao Ave.
Yung nabili ko pong cookies and cream meron pong ipis sa luob sa center part at pinaka baba. Ang masaklap lang po naisubo ko po yung part na may ipis.
After that incident itinawag ko po ito sa 7-11 to complain. then i shoot an separate email both company and 7-11.

The night after we ate the ice cream sumakit po yung tyan ng younger sister ko. that's why i call the attention of company to complain. March 9 the company representative went to our house to explain their part the way they prepare the ice cream. i understand their part but the point is nakain kasi namin yung ice cream with ipis. as they explain american cockroch daw ito usually namamahay sa labas ng planta. pinull-out po nila yung ice cream to further investigate saka pa nila ako bibigyan ng feedback.

binigyan lang nila ulit kmi ng 2 gallon ng ice cream cookies and cream and strawberry hindi naman po namin kinain pinamigay nalang namin dahil sa trauma.

do i have the rights to ask them for the damage it brings to us? appreciate your feedback thanks in advance

Yup, you have the right to seek for damages based on breach of warranties under the term "totally unfit for the use for which it is intended". It is unfit because, sumakit tyan ng sista mo after she ate that ice cream likewise, it is unfit to eat that.(eww)

So if there is breach of warranty, then you may seek either:

1.retain the ice cream and recover damages, or
2.reject the ice cream,
3.cancel the sale, and refund the amount paid for the product, including damages.

kaya lang kinuha na nila yung evidence(ice cream) so ang magawa mo na lang is to ask for damages. How much? depende sayo.

@tsi ming choi thank you