Section 75 claim for skincare

misty081

I recently bought some expensive skincare and had a reaction to the eye serum. I returned to the store but they dismissed me saying I had to email the customer services dept (address found on the bottom of the receipt) as they were the only ones who could authorise any return as they generally had a no returns policy. The policy was not made clear to me at any stage - I only saw it on the bottom of the receipt when I looked to return the product. The email of course came back as unknown. I spoke to my credit card company to see if I could claim under Section 75 (I had spent more than £100) who said that as the company had a no return policy they had to respect their T&Cs.

No sure what to do now. I bought other skincare at the same time but have not used it in case I have a further reaction.

grumbler

misty081 wrote: »

The policy was not made clear to me at any stage...

By default, there is no any cooling off period (or return rights) for in-store purchases. Do you expect this to be made clear to you (unless you ask) every time you buy something?

If the product description doesn't say anything about possible negative reactions, you still possibly can make a small claims court claim against the shop or, similarly, against your CC company if you wish.

Consumerist

Unfortunately, you only have a legal right to a refund if the goods were faulty. And you would only be able to claim Section 75 protection on individual items which you paid more than £100 for.

Whilst it is disappointing that an item was not suitable for you, as an individual, you would need to prove that it was generally defective in order to be entitled to a refund.

The lesson I would learn from this experience is not to buy from retailers who have a no-returns policy although you can probably understand the reasons for this with skin care products.

eddddy

misty081 wrote: »

I spoke to my credit card company to see if I could claim under Section 75 (I had spent more than £100) who said that as the company had a no return policy they had to respect their T&Cs.

Essentially, they do not have to offer a refund if customers 'change their minds'.

But under the Consumer Rights Act, you would have a claim (for a refund), if the goods were:

- Not of satisfactory quality
- Not fit for purpose
- Not as described

I guess you could try arguing that they are not satisfactory quality because they can cause an allergic reaction (and you weren't told that before you bought them).


Is it a 'big name' retailer? I would expect them to be easier to deal with than the CC company.