Returning perfume bought online?

LollipopSiouxsie

Does anyone know what rights consumers have returning perfume purchased online under the new Consumer Contracts Regulations? In the official government document online it offers a couple of scenarios of customers who have returned goods after breaking sealed contents and have obviously used them (e.g., crumbs in a toaster). Under the new regulations, the trader can reduce the refund to reflect the diminished value of the goods in some circumstances, so I wondered what this might mean for consumers who purchase perfume online, break the outer seal, spray the perfume, and return it because it's not what they were expecting. A used perfume obviously has diminished value, but given that you can't physically test perfumes when you're shopping online, does this mean the customer is allowed to test the perfume when they receive it and still be entitled to a full refund? More online retailers are now sending sample vials along with the main perfume to prevent this from happening, but not all of them do.

Any ideas?

shaun_from_Africa

Retailers are entitled to make a deduction for loss of value but only if the consumer's actions go beyond what would normally be allowed in a store, and I can't see any shops allowing potential customers to unseal bottles to smell the contents.

However, this is really a moot point as it's very likely that a retailer will argue that sealed perfume and cosmetics are not allowed to be returned as they fall into one of the exempted categories:

(a) in the case of a contract for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, if they become unsealed after delivery;

hollydays

What were you expecting( it is half term
Isn't it?)

LollipopSiouxsie

shaun from Africa - thanks for clarifying. I did consider that but wasn't 100% sure.

hollydays wrote: »

What were you expecting( it is half term
Isn't it?)

What part of my enquiry gave you the impression that I was talking about myself? I work in a contact centre for a retail company and an advisor wanted to know if the new consumer regulations allowed customers to break seals and still get a full refund.

Helix

LollipopSiouxsie wrote: »

What part of my enquiry gave you the impression that I was talking about myself? I work in a contact centre for a retail company and an advisor wanted to know if the new consumer regulations allowed customers to break seals and still get a full refund.

Surely your company should have a legal team you can go to, not make you rely on advise off of a forum.

frugal_mike

I don't think a retailer could argue there was health or hygiene implications involved with a bottle of perfume. They do have communal sample bottles on the counters afterall.

browneyedbazzi

frugal_mike wrote: »

I don't think a retailer could argue there was health or hygiene implications involved with a bottle of perfume. They do have communal sample bottles on the counters afterall.

I think the logic behind refusing refunds on unsealed cosmetics products is that once it has been opened it could easily be tampered with or the contents substituted so they would not be able to re-sell the unsealed item.

You could argue that this is a health or hygiene issue so the product is exempt from cancellation rights if opened or the retailer may be able to justify a 100% deduction for diminished value if it is returned opened and therefore not fit to be sold.