Are Cosmetics Different?

Fedup2009

A L'Oreal 'buy 3, get the cheapest item free' offer at Superdrug caught my eye, so I bought two primers I've bought before and a new mineral powder foundation, the range of which claimed to colour-match to 97% of skintones. You can't test this type of product without using the brush provided to work the product in, but I thought those were pretty good odds, so took a chance on the lightest tone on the stand.

Well... I'm honestly not the palest person on the planet, but as much as I tried to blend the stuff in with the inclusive brush, my face looked it like it had been on a week's holiday to Bermuda while the rest of me stayed at home. I took the foundation back 3 days later, with receipt, with the argument that it didn't do what it said on the tin, so to speak. I explained that I simply wanted to exchange it with another pot of primer - that I wasn't even bothered about the 70p's difference. The manager pointed to a sign by the desk, saying that cosmetics couldn't be returned - and wouldn't listen when I argued that the product had me under false pretences. She said I'd have to take it up with the company - that it was Superdrug's policy not to get involved. She wouldn't even enter into any discussion, and I felt really belittled, not to mention that I now had a product ordinarily worth £14.99 that I couldn't use. Are shops who have this disclaimer printing themselves a handy 'get out of jail free' card?

As a PS, I walked round to Boots, in a huff, to check what their policy was (to arm myself with a precedent) ... and - unbelievably - they offered to do the exchange for me AND gave me the 70p difference!! :T
I know who I'm going togive my custom to in future, but I'm still very cross about Superdrug 'getting away with it' and shirking on their (non existent) customer service.

wealdroam

You have a statutory right to a refund or replacement if the product is faulty.

If the product is not faulty, then whether you can get a refund or replacement depends on any contractual agreement at the time of sale.
In other words, different shops can have different policies about the exchange of non faulty goods.

I guess it all boils down to whether the goods you purchased were actually faulty or just not suitable for you.

unholyangel

Tbh I'm not so sure.

Its effectively like buying a dress in a colour and then discovering it doesnt match your skin tone when you get home.

It would be different if a sales assistant had assured you that it would match your skin tone (but even then its subjective as to what an actual "match" is as we all perceive colours differently).

Perhaps better suited to praise/warnings/vents. And perhaps tinted moisturiser would be better suited for your skin tone? Its lighter (and nicer looking when applied imo) than foundation.

aliama

I am very pale, and it can be a real pain trying to find a foundation that matches my skin and doesn't give me a tide mark, so I AM genuinely glad you got your discount. However, legally I suspect they weren't obligated to give you a refund or exchange.

Thr trouble is that it DOES do what it says on the tin. It only claims to match 97% of skin tones, and apparently you're not one of the 97%. The product isn't faulty. You could make an argument for product not being fit for purpose, I suppose, but it's very shaky ground.

Another option -- not that it matters now, but worth mentioning -- would be to contact the manufacturers to let them know the product didn't work for you.

terra_ferma

What a difference. A company exchanging a product sold by a competitor, thus absorbing their loss (I take they won't be able to sell it as it's been used). never heard this before, wow, well done to boots.

ThumbRemote

If Superdrug are simply preventing you from returning cosmetics due to change of mind, then that is fine.

If, however, you were rejecting the product as faulty - which it sounds like - they are breaking the law by denying you your statutory rights. What they should do in this case is either refund you, or provide justification why they won't (eg show that the product isn't faulty). What they certainly can't do is attempt to fob you off to the manufacturer.

MamaMoo_2

ThumbRemote wrote: »

If Superdrug are simply preventing you from returning cosmetics due to change of mind, then that is fine.

If, however, you were rejecting the product as faulty - which it sounds like - they are breaking the law by denying you your statutory rights. What they should do in this case is either refund you, or provide justification why they won't (eg show that the product isn't faulty). What they certainly can't do is attempt to fob you off to the manufacturer.

Unfortunately for OP, however, the foundation is not faulty. At no point did it guarantee to match her skin tone. As OP says, she took a chance. Presumably there were testers available, but OP didn't want to use the provided brush?
If its the same one that I use (true match minerals) my local Superdrug and Boots both have these available to test, brush and all.
Unfortunately, with no guarantee that it would match OP's skin tone, and with OP not using a tester, OP doesn't really have any rights in this situation.

ThumbRemote

MamaMoo wrote: »

Unfortunately for OP, however, the foundation is not faulty. At no point did it guarantee to match her skin tone. As OP says, she took a chance. Presumably there were testers available, but OP didn't want to use the provided brush?
If its the same one that I use (true match minerals) my local Superdrug and Boots both have these available to test, brush and all.
Unfortunately, with no guarantee that it would match OP's skin tone, and with OP not using a tester, OP doesn't really have any rights in this situation.

As I wrote in my previous post, "What they should do in this case is either refund you, or provide justification why they won't (eg show that the product isn't faulty)."

From what the OP reports, Superdrug did neither. They simply pointed to a sign saying cosmetics couldn't be returned, refused to discuss it, and referred to the manufacturer.

It being under 6 months since purchase, it is incumbent on the retailer to prove the product is not faulty. They made no attempt to do this. Assuming the product is not faulty your explanation above would probably have sufficed had it come from Superdrug. But they have still breached the statutory rights by failing to do this.

unholyangel

ThumbRemote wrote: »

As I wrote in my previous post, "What they should do in this case is either refund you, or provide justification why they won't (eg show that the product isn't faulty)."

From what the OP reports, Superdrug did neither. They simply pointed to a sign saying cosmetics couldn't be returned, refused to discuss it, and referred to the manufacturer.

It being under 6 months since purchase, it is incumbent on the retailer to prove the product is not faulty. They made no attempt to do this. Assuming the product is not faulty your explanation above would probably have sufficed had it come from Superdrug. But they have still breached the statutory rights by failing to do this.

I disagree. Something not matching your skin tone does not make it faulty. They dont state it matches 100% of skin tones. No sales assistant assured the OP it would match her skin either.

Of course you're always free to point out why you feel the goods do not conform to contract. But imo unless they claim 100% or the sales assistant assures you it will match your skin tone......the item does conform to contract and there has been no breach.

MamaMoo_2

ThumbRemote wrote: »

As I wrote in my previous post, "What they should do in this case is either refund you, or provide justification why they won't (eg show that the product isn't faulty)."

From what the OP reports, Superdrug did neither. They simply pointed to a sign saying cosmetics couldn't be returned, refused to discuss it, and referred to the manufacturer.

It being under 6 months since purchase, it is incumbent on the retailer to prove the product is not faulty. They made no attempt to do this. Assuming the product is not faulty your explanation above would probably have sufficed had it come from Superdrug. But they have still breached the statutory rights by failing to do this.

As unholyangel states, the item is not faulty. It didn't claim it would definitely match OP's skin tone. As this is the complaint OP lead with, Superdrug presumably pointed out their policy of not refunding or exchanging cosmetics.
Presumably, had OP said it was faulty and it was (not matching a person's skin tone isn't a fault unless it was 100% guaranteed by a sales assistant or the product itself) then Superdrug would have refunded as per OP's statutory rights.
There is always a risk of non-compatibility with make up, which is why retailers often offer tester products. OP should have taken advantage of the testers.

aliama

MamaMoo wrote: »

As unholyangel states, the item is not faulty. It didn't claim it would definitely match OP's skin tone. As this is the complaint OP lead with, Superdrug presumably pointed out their policy of not refunding or exchanging cosmetics.
Presumably, had OP said it was faulty and it was (not matching a person's skin tone isn't a fault unless it was 100% guaranteed by a sales assistant or the product itself) then Superdrug would have refunded as per OP's statutory rights.
There is always a risk of non-compatibility with make up, which is why retailers often offer tester products. OP should have taken advantage of the testers.

To be fair, OP did state that wasn't possible: 'You can't test this type of product without using the brush provided to work the product in,'

I find that regularly, actually; it's quite common that there aren't any testers available, or there might be one bottle of foundation there but not in the particular shade I want to try. Maybe not such an issue with eyeshadow or pencils, but with foundation in particular it can be a real pain, particularly as the colour only has to be slightly off to make the product basically unusable.

But I agree with you: it doesn't make the product faulty.

Another reason why it's not faulty:

my face looked it like it had been on a week's holiday to Bermuda while the rest of me stayed at home.

Some people might say that's a good look.