House of Fraser refusing cosmetic return

Star999

Hi all

I placed an order with House of Fraser which I received today.
I placed an order for nearly £350 of which there were 8 makeup items.

I decided I no longer want two items and wished to return them. The items haven't been opened or used.

I noticed on their delivery note it said they do not accept returns for cosmetics. I was confused as I had read over the weekend on their website I could return makeup provided they were unopened and in their original packaging.

So I rang them to clarify this. Spoke to a man who said they cannot accept makeup back. I advised him of their online returns policy which stated otherwise. He then asked if the makeup had seals on them. I said no, none of them did.
He said because don't have seals they can't accept them back.
I explained it doesn't state on their website makeup without seals cannot be accepted. He insisted it does say that.
Despite a 10mins conversation, he continued to say I couldnt return the products. I asked to raise a complaint and he advised me to complete their complaints form online.

I jut want to know where I stand as I'm getting conflicting information from the returns form, the customer service rep and their website.

Their website states the following:
RETURNING SPECIFIC PRODUCTS

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. For hygiene reasons we are not able to offer refunds or exchanges on pierced earrings. We do not offer refunds on Gift Cards unless they are faulty or damaged.! Gift Cards bought online cannot be returned to a House of Fraser store.

wealdroam

Star999 wrote: »

Hi all

I placed an order with House of Fraser which I received today.
I placed an order for nearly £350 of which there were 8 makeup items.

I decided I no longer want two items and wished to return them. The items haven't been opened or used.

I noticed on their delivery note it said they do not accept returns for cosmetics. I was confused as I had read over the weekend on their website I could return makeup provided they were unopened and in their original packaging.

So I rang them to clarify this. Spoke to a man who said they cannot accept makeup back. I advised him of their online returns policy which stated otherwise. He then asked if the makeup had seals on them. I said no, none of them did.
He said because don't have seals they can't accept them back.
I explained it doesn't state on their website makeup without seals cannot be accepted. He insisted it does say that.
Despite a 10mins conversation, he continued to say I couldnt return the products. I asked to raise a complaint and he advised me to complete their complaints form online.

I jut want to know where I stand as I'm getting conflicting information from the returns form, the customer service rep and their website.

Their website states the following:
RETURNING SPECIFIC PRODUCTS

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. For hygiene reasons we are not able to offer refunds or exchanges on pierced earrings. We do not offer refunds on Gift Cards unless they are faulty or damaged.! Gift Cards bought online cannot be returned to a House of Fraser store.

The important bit in their refund policy is:

The following items can only be returned within our refund policy providing it is...

Distance Selling Regulations make no exception for 'hygiene reasons', so you have every right to cancel your order and receive a refund of all monies paid.

On page 24 of the OFT's guide to the DSRs says:

I sell items that may raise health and safety concerns if returned unsealed. How are such products treated under the DSRs?
3.42 We are conscious of concerns about reselling items which may raise concerns about hygiene. However, the DSRs do not link cancellation rights with a supplier’s ability to resell items as new.

Write to HoF, email is ok, stating that you wish to cancel the order for these products.
But you only have seven working days, starting with the day after delivery, to cancel under DSRs.

Star999

wealdroam wrote: »

The important bit in their refund policy is:


Distance Selling Regulations make no exception for 'hygiene reasons', so you have every right to cancel your order and receive a refund of all monies paid.

On page 24 of the OFT's guide to the DSRs says:


Write to HoF, email is ok, stating that you wish to cancel the order for these products.
But you only have seven working days, starting with the day after delivery, to cancel under DSRs.

The guy I spoke to was saying because the items didn't have seals on them, I couldn't return them as they won't be able to resell them.
This is despite them being sent to me with no deals on.
He was also saying their policy is they can't accept cosmetic returns without seals despite me pointing out this is not what it stated on their website.
He also said if I return the items to them they will just send them back.

If it was cheap makeup I wouldn't have bothered with the hassle but they cost me £80, so it would just be a waste of money me keeping them as I won't be using the products.

So just to be clear, LEGALLY I can send them back regardless of them not having seals on them?

wealdroam

Star999 wrote: »

So just to be clear, LEGALLY I can send them back regardless of them not having seals on them?

Firstly you need to understand the difference between cancelling your order and returning the goods.
The DSRs allow you a short time, defined earlier, to cancel your order.

Here is another quote from from page 28 of that OFT doc:

Can I insist that consumers who cancel an order within the cancellation period return the goods as new or in their
original packaging?
3.58 No. Consumers are under a duty to take reasonable care of the goods while in their possession as discussed in paragraph 3.44. The DSRs allow consumers to examine goods they have ordered as they would in a shop. If that requires opening the packaging and trying out the goods then they have not breached their duty to take reasonable care of the goods. In these circumstances you cannot insist that consumers return the goods as new or in their original packaging. You may ask consumers to return goods with the original packaging, but you cannot insist on this. In the case of goods such as earrings that have hygiene seals, you may require consumers to exercise reasonable care by not removing the seals when examining them.

On the same page it goes on to say:

How can I resell the goods as new if they have been opened and tested by the customer?
3.59 The DSRs do not provide any general exception to the right to cancel on this point. Unless one of the specific exceptions referred to above at paragraph 3.38 applies, consumers can exercise their right to cancel a contract and return the goods to you. The DSRs do not link cancellation rights with a supplier’s ability to resell items as new.

It really would be a good idea for you to read a few more paragraphs from that doc.

You now need to make your own decisions.