MAC Make-Up session refund

gemm83_2

Hi

My Sister and I are travelling to Cardiff for a girly weekend and as a treat I thought I would book us in for a make-up session at the MAC store at a cost of £30 each.

It was booked for the 27th of February and I was required to pay the full amount over the phone, which I did by credit card yesterday afternoon. It wasn't till the late last night that I realised that I should have booked it for the 28th and not the 27th, and called them first thing this morning. Unfortunately, they were fully booked for the 28th and had no availability on the Sunday either.

I explained the fact that we were only down for the weekend and requested a refund as although it was my fault for booking the wrong day, I had given them a months notice. The shop assistant said whilst she was sorry, it is not their policy to refund for this service, and the only options I had was to either lose my £60 or come into the store on the 27th and purchase £60's worth of products!

I could understand if I had left it a couple of days before the appointment to cancel, or if I just hadn't turned up, but it's a whole month away, and they will quite easily fill those spaces.

Do I have a leg to stand on to take this further, or do I just kiss my money goodbye?!

Thanks in advance for any help!

frugal_mike

When did you make the booking? As you booked over the phone this is a distance contract as defined by The Consumer Contracts Regulations. This allows a distance contract for a service to be cancelled in the first 14 days after the contract was entered into.

However the right to cancel does have the following exception that might mean you can't cancel:

the supply of accommodation, transport of goods, vehicle rental services, catering or services related to leisure activities, if the contract provides for a specific date or period of performance.

It doesn't (as far as I know) define what a leisure activity is, so I'm not sure whether a makeover would be excluded or not.

pinkshoes

Cancel the appointment and then phone on the 26th to ask if they have any vacancies the next day. If they don't, then clearly they have filled your cancellation, so can refund less any expenses.

If they do have vacancies, then spend it on products.

unholyangel

frugal_mike wrote: »

When did you make the booking? As you booked over the phone this is a distance contract as defined by The Consumer Contracts Regulations. This allows a distance contract for a service to be cancelled in the first 14 days after the contract was entered into.

However the right to cancel does have the following exception that might mean you can't cancel:



It doesn't (as far as I know) define what a leisure activity is, so I'm not sure whether a makeover would be excluded or not.

Leisure activity (i believe) relates to concert/sporting/events tickets.

frugal_mike

unholyangel wrote: »

Leisure activity (i believe) relates to concert/sporting/events tickets.

Yes, that's what I understood it to be too. It's not in the list of definitions though, so may be open to interpretation.

wealdroam

Government guidelines suggest that the interpretation of 'leisure activities' should perhaps be somewhat wider.

On page 19 it says:

There is an exemption for leisure service activities on specific dates. What kind of things does that exempt?

9. This exemption helps protect traders who may set aside specific capacity for a consumer which they may not be easily able to fill or resell should the consumer change their mind. This would include car hire, wedding venues, theatre tickets for specific performances etc. Traders may still of course decide to offer the consumer the ability to cancel should they choose.

To me, the 'etc' shows that this is not a complete list, and could include pretty much anything that is not a necessity.

If car hire is shown as an example of a leisure activity, then why not a make-up session?

gemm83_2

Many thanks for all your replies guys.

I got in contact with MAC customer services following your advice, and he was quite surprised no refund has been offered, so he has put me through to the consumer care department, and I've just emailed them....so we shall wait and see!

frugal_mike

wealdroam wrote: »

Government guidelines suggest that the interpretation of 'leisure activities' should perhaps be somewhat wider.

On page 19 it says:

To me, the 'etc' shows that this is not a complete list, and could include pretty much anything that is not a necessity.

If car hire is shown as an example of a leisure activity, then why not a make-up session?

I think the government guidelines are mistaken to use 'leisure services' in that title but still include car hire in their list. Vehicle rental services are listed separately to leisure activities in the cancellation exclusions, so I don't think they are classed as a leisure activity as far as the law is concerned.

The intent of the act does seem to cover the OP's situation with the makeover though, so it would be a technicality if its not covered.

gemm83_2

UPDATE

Consumer Care Team got in contact today asking for the exact store I booked it for, the date AND time it was booked, the name the appointment was booked under and my postal address.

I had to give address at the point of sale, so I am hoping this means they are just checking this information for a possible refund......either that, or they just wanted my address to send a follow up letter to confirm they will not be issuing a refund!