Return House of Fraser Makeup / Cosmetics Order Placed Online - need opinions badly

alias11

Hello,

This is my first post in this forum I just registered to share this situation with you. I know MSE is a gem and I'm glad to be here. So here we go...

I placed 2 orders with HoF online with a total cost of around £300. All of the items in both consecutive orders consisted of makeup / cosmetics needed for my cousin's wedding / bridal makeup. I ordered items to be received on a nominated day which was the Tuesday after the bank holiday. However HoF had not printed my address in full on the packages and their couriers were unable to deliver until the end of the week on Friday. I was on the phone to the customer services every day for 4 days and it was a nightmare. They did admit they had made a mistake with the address and were going to sort it out asap and always promised I would get items on the day I phoned but a couple of hours later but it took them 4 days to get things straight. I was extremely upset at the situation because I did not expect this from a high end department store such as HoF. Now that I have everything here, I do not want it anymore and because of the disappointment they caused me I want to return it all back to them for a full refund. Before I do so on Monday, I decided to give their customer services another call because I was uncertain how they will treat return of makeup and thought would be worth asking before actually returning and ending up having them returned back to me (which could take a good couple of weeks knowing them...and would be left without items and money!). They said they cannot take makeup back under any circumstances and I was appalled. Firstly, according to the Distance Selling Regulations customer got a cooling off period of 7 days as long as items are in original condition, unopened and unused (which they are!!!!) they should take them back. Second of all, this is not even the case of me simply changing my mind, so that shouldn't even come into play, I received the order much later than I needed it and it can not be used for intended purpose. I do not see what the big deal is? After passing my call from one agent to another they finally said they'd get a manager to phone me within 24 hours. That has not happened yet but I am freaking out. I thought it would be a simple thing and I know my rights and where I stand. I cannot believe after the hard time they gave me to have this order delivered now they're making it impossible to return. Items are not made to custom and how can they dare say DSR do not apply to makeup and cosmetics? Is it for them to decide when they apply and when they don't? I cannot express how I feel at the moment, as I said I'd gladly keep items besides all this but I already went to my local Debenhams ( we do not have a HOF store here, I'd have to go to London for that...) to get them after the delay which I should have done from the very beginning just that online you can find a wider range of things and I initially thought was the best idea. Please advise me what to do or if you've been in similar situations before? Is there any hope for me I can get a refund on these orders and how should I go about it? Thanks guys!

shaun_from_Africa

In the opinion of the OFT, cosmetics are exempt from the DSR's but only if they have been unsealed and used as they can no longer be returned to their original state.
However, as yours haven't, then this doesn't apply.

As you had an agreed delivery date, have a read of this (section 3.17)
http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf

If HOF still won't refund and you paid via a credit card or visa backed debit card, contact your card issuer, inform them of the problem telling them that HOF refuse to follow their legal obligations and you wish to claim under section 75 of the consumer credit act.
This act makes credit suppliers jointly liable with suppliers for contracts for goods or services. You will find a link giving more S75 info on the top of this board.

arcon5

Email them straight away explicitly stating you wish to cancel in accordance with distance selling regulations -- include the information Shaun from Africa has provided above. Make it explicit and do not phone to do this -- this way you have tangible proof of cancellation.

Otherwise if you do it by phone and after the 7 working days have passed they will likely 'have no records' of it afterwhich you have no rights, especially since DSRs state this to be a requirement.

The onyl other thing I will add is you say it is not a case of you have changed your mind -- but it is, and because of this you will be liable for return postage costs, although should be less than a fiver. 'Not fit for purpose' does not apply simply because delivery was late.

The member of staff that told you they would sort it out and have it delivered same day was wholely unrealistic, at the very least it would be next day -- however sorting out errors whilst a parcel is in transit is notoriously hard, they shouldn't have made any kind of promise at this stage.

If they still persist in refusing the return, write a formal complain to head office stating you have requested a return on X day at X time and they are failing to meet their legal obligations by rejecting the return. Give them the opportunity to make it right, failing that a Letter Before Action will most definately sort it all out.

shaun_from_Africa

They said they cannot take makeup back under any circumstances

Did you by any chance get the name of the person who told you this?
If so, I would contact them again asking what they do not know the returns policy of their employer.
http://www.houseoffraser.co.uk/Returns/CustomerServicesReturns,default,pg.html#skipContent

Please note: the following items can only be returned within our refund policy providing it is in its original condition (including the packaging where it forms part of the goods, for example, boxed garments and gift items) and for hygiene or safety reasons have not been worn, opened or used and any seals on the product remain unbroken: lingerie, hosiery, swimwear, men's underwear, hats, duvets, pillows, mattresses, mattress protectors, personal grooming products, DVDs, PC software and videogames, perfumery and cosmetics. Hats must have the returns policy swing ticket still attached

Provided the cosmetics are unopened and still in their orginal packaging, their policy clearly states that they are returnable.

alias11

arcon5 wrote: »

The onyl other thing I will add is you say it is not a case of you have changed your mind -- but it is, and because of this you will be liable for return postage costs, although should be less than a fiver. 'Not fit for purpose' does not apply simply because delivery was late.

Returning costs are not an issue for me and I'd gladly pay but I HoF do free return labels anyway for all of their orders, as long as you return items within 14 days for any reason ( I think it's 14 for them instead of 30 days that most do). Thanks

alias11

shaun_from_Africa wrote: »

Did you by any chance get the name of the person who told you this?
If so, I would contact them again asking what they do not know the returns policy of their employer.



Provided the cosmetics are unopened and still in their orginal packaging, their policy clearly states that they are returnable.

That is correct. I have worked with makeup and I know for a fact that all stores even the ones that exclusively sell makeup will take it back when purchased online as long as it has not been opened and packaging is intact. I think I will do as wisely suggested above and write a formal email to service@fraserline.co.uk expressing that I wish to cancel both orders and will be posting them back followed by attached proof of postage / receipt. I will also explain that items arrived late and they've not been opened or used. In the meantime they have until tomorrow morning to call me (24 hrs) even though I really doubt they will and even if they do they'll be simply giving me a hard time. I think it was wrong to call in the first place, much better to have documented conversations.

I would have never bought had I read their confusing refund policy in full. It does not say anywhere that unused makeup cannot be returned. Furthermore when you are all excited and shopping for makeup on their website you are given 3 things : an 'about me' section with description of the product, delivery details and thirdly returns. If they want customers to be aware they don't take makeup back they should not write:

We hope you will love your new things but if you don’t, you are welcome to return your items free of charge. Here’s how to do it:
To a Store
Bring your items and proof of purchase into store within 14 days from the day your parcel arrives, for a full refund via the original payment method. Or within 28 days, when you can either exchange your items or take a Gift Card to the value of your items.
By Post
Please send your return by post or courier within 14 days from the day your parcel arrives for a full refund via the original payment method. Or within 28 days, when we will refund you with an eVoucher to the value of your items.