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Fake perfume??

"I ordered a bottle of JPG Le Fleur Male last year, November to be precise, for when the bottle I had previously bought ran out.

I have just gone to open this bottle, having had it stored in a cool cupboard since purchase, and noticed upon going to open the cellophane, that it had been previously open, by the looks of it, with a sharp object like a stanley knife, as the metal can like container is also scored. A shoddy attempt at resealing it had been made by using circular transparent stickers and sticky tape. I though this was suspicious and so I proceeded to check the rest of the packaging.

On opening the outer container I realised that the bottle had been leaking and that it had left a brown residue around the bottom of the bottle.

On closer inspection I also noticed that the actual spray cap of the bottle had also been removed as it had been damaged and was a loose fit, enough for me to be able to simply lift the cap off and see the rust around the crimped metal part of the bottle where it is usually factory sealed.

My problem is this, I payed over £40 for this perfume and it is either A) Fake or B) has been tampered with for some reason, either way I would like it to be replaced free of charge.

I understand that I had had receipt of this item for around 8 months and that I probably should have noticed it before now, but I hadn't, and the fact remains that as a consumer I have rights and I am willing to use the full extent of those rights if the situation calls for them.

I look forward to hearing back from you and hope we can resolve this problem."


This is an email that I have just sent to cheap smells . com about a product that I bought, as you can see, some while back, I really just need advice as to what my ACTUAL consumer rights are, considering that it has been stored safely and upright in a cool shady cupboard for the time stated..... Do I have grounds for asking for a replacement when it has obviously been tampered with??

Any advice would be very gratefully received.

Comments

  • adam.mt
    adam.mt Posts: 381 Forumite
    Comes under standard Sale of Goods Act. Since the product is more than 6 months old, legally it is up to you to provide any fault was inherent. Unless you took dated photographs that show the packaging to be iffy there's no way you're be able to prove this. Thus, proceed through Court and it's your word against there's - I doubt you'd win. Sorry. You really should have inspected the goods FAR EARLIER, preferably within 7 working days of receipt so to be covered by the Distance Selling Regulations. Consider it a lesson learnt.

    By all means complain to the company and hopefully they'll assist but beyond that you're out of luck. Unless, of course, this is common for the goods they supply in which case you should report them to Trading Standards.
  • adam.mt wrote: »
    Comes under standard Sale of Goods Act. Since the product is more than 6 months old, legally it is up to you to provide any fault was inherent. Unless you took dated photographs that show the packaging to be iffy there's no way you're be able to prove this. Thus, proceed through Court and it's your word against there's - I doubt you'd win. Sorry. You really should have inspected the goods FAR EARLIER, preferably within 7 working days of receipt so to be covered by the Distance Selling Regulations. Consider it a lesson learnt.

    By all means complain to the company and hopefully they'll assist but beyond that you're out of luck. Unless, of course, this is common for the goods they supply in which case you should report them to Trading Standards.

    Thank you, I understand that I probably should have checked it thoroughly when I first got it but I did look at the packaging, as much as anyone would, any normal person who didn't have a wild case of consumer paranoia. I have contacted the JPG website as well so they can investigate, because I would really hate someone else to come a cropper the way I have, seriously though, these repairs were invisible to the naked eye.... until actually opening the package to use the product inside.

    Lessons learned then I guess but still, leaves a bit of a bitter taste in the mouth :(
  • sassy_one
    sassy_one Posts: 2,695 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Sorry, 6 months passed.

    You do not have a case
  • sassy_one
    sassy_one Posts: 2,695 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    OP, it probs smells like the manager of the company anyway, rather off!!! ha ha

    Lesson learned as you say ;)
  • I would just add that Brenda at the Dog and Duck does quite good offers on smellies and face cake. PM me if you need some
  • fluffnutter
    fluffnutter Posts: 23,179 Forumite
    There's a website called cheapsmells.com??! That's classy branding for you... "How would you like to smell?"... "Um.. cheap please." :rotfl:
    "Growth for growth's sake is the ideology of the cancer cell" - Edward Abbey.
  • cycloneuk
    cycloneuk Posts: 363 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    It is a genuine website and one of the biggest if not the biggest online perfume retailer. You have left it a while though, so i don't hold out much luck for you.
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