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Mis-sold good no exchange, please help

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Hi,

I had gone into Debenhams on Saturday and ended up purchasing £130 worth of cosmetics from the Christian Dior counter. The sales associate had not provided me with the shade/number of the lipstick when testing it on me so it was only until I got home and put the lipstick on that I had realised that it was the wrong shade. She put the wrong colour in the bag!! I went into the store on Monday and explained the situation to the brand manager, she repeatedly told me there was nothing that could be done as it had been used.
Following on from this, I called the store and asked to speak to the manager of the department. She looked into the matter and stated that she would be standing by the decision, where I am unable to even exchange the lipstick for the right one! After looking into the Consumer Rights Act of 2015, products must meet the following standard: The goods supplied must match any description given to you, or any models or samples shown to you at the time of purchase. This has clearly not been the case. In addition I had someone with me who will be able to vouch that the lipstick I tested was not the same one that’s the sales associate mis-sold me. I have called, emailed, tweeted, Facebook messages both Debenhams and Dior and they both are saying that nothing can be done because the product has been used. However they are ignoring the fact that I have been sold the wrong product! Does anyone know where I stand on the matter? Thanks in advance for you help.
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Comments

  • agrinnall
    agrinnall Posts: 23,344 Forumite
    10,000 Posts Combo Breaker
    Can I just confirm that you were tested with one colour (say number 25) that you were happy with and asked to buy, but that number 26 was put into the bag? And that you didn't realise it was incorrect until you first applied it at home?


    The first thing to say is that it's nothing to do with Dior, had they given you a goodwill replacement that would have been a good result, but they are under absolutely no obligation to do anything.


    Your rights are with Debenhams, and if my summary above is right then they should definitely refund or replace. I have to say that I've previously found Debenhams to be one of the more difficult places to exert your rights, and as your previous complaint methods have failed I would suggest that you write a letter to them setting out the issue and stating what you want them to do. If they don't do what you want then you're left with the option of making a small claim, but you'd have to decide whether it's worth it for a lipstick - I would vote with my feet and just not buy from them again (and given their financial situation there may come a time when you can't buy from them at all).


    https://www.debenhams.com/wcsstore/DebenhamsUKSite/faq/complaints_process.html
  • DoaM
    DoaM Posts: 11,863 Forumite
    10,000 Posts Fifth Anniversary Name Dropper Photogenic
    With in-store sales you have the opportunity check your have the correct goods before you depart. Does the receipt specify the shade that you (thought you) were buying? (Without any evidence then it's a "he said, she said" situation).

    Given the announcement this morning (Debenhams closing 50 stores) then I can't imagine there'll be a lot of goodwill going around at the moment.
  • hollydays
    hollydays Posts: 19,812 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Dior is a concession.
    You could try to speak to the Debenhams store manager and explain the situation to them , they may be able to apply some pressure.
  • Hi,

    Yes that situation is correct, I asked for number 25 and number 26 was placed in my bag.

    The seem particularly obnoxious for the sake of lipstick they have potentially lost a complete customer. For me it has gone beyond the lipstick it is the principle, and the unwillingness to admit their mistake.

    Thanks for your help.
  • Thanks for replying.

    As I had another person with me do you think that will hold much weighting?
  • [Deleted User]
    [Deleted User] Posts: 35,242 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper

    As I had another person with me do you think that will hold much weighting?

    No. That generally makes the complaint less believeable when customers drag friends in with them. .
  • McKneff
    McKneff Posts: 38,857 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    How much are we talking about here ?
    make the most of it, we are only here for the weekend.
    and we will never, ever return.
  • It’s only £30 but it’s the principle of it that has annoyed me more that anything
  • JJ_Egan
    JJ_Egan Posts: 20,281 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Be quick before Debenhams shuts the doors.
  • I would get round there PDQ before they close for good!
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