Current Distance Selling Laws

FlowerTaming

Hi all!

Just looking for some advice. I recently tried to return some skincare  products to a company called feelunique as they didn’t suit my skin and unfortunately I’m still suffering the consequences from this. Feelunique have said under their allergy policy I am entitled to a gift card only and have called this a ‘good will gesture’. I have emailed back as under distance selling laws I’m pretty sure I’m entitled to a refund. However. Due to brexit I am actually not sure anymore and wondered where I stand rights wise. The company have failed to respond to my further email and are poor at communication as it is so I don’t want a gift card. I just want a refund. Can anybody advise please? 

bris

On a skin care product it will come under a health and hygiene clause which states that once unsealed then your rights end.

Any rights you have now are in their T&C's, read them and see what they say but I suspect it's what they have already told you.

Sandtree

FlowerTaming said:

I recently tried to return some skincare  products to a company called feelunique as they didn’t suit my skin and unfortunately I’m still suffering the consequences from this.

It sounds like you bought multiple items, did you unseal them all?

To put your original question another way... would you be happy buying a new bottle of lotion from them and receive an opened bottle with a small amount removed by a previous customer?

JJ_Egan

Is this not just an e-commerce platform based in the Channel islands  .

FlowerTaming

Sandtree said:

FlowerTaming said:

I recently tried to return some skincare  products to a company called feelunique as they didn’t suit my skin and unfortunately I’m still suffering the consequences from this.

It sounds like you bought multiple items, did you unseal them all?

To put your original question another way... would you be happy buying a new bottle of lotion from them and receive an opened bottle with a small amount removed by a previous customer?

I wouldn’t expect them to be resold. I would expect that the company claims via the brand for the refund. 

baza52

FlowerTaming said:

Sandtree said:

FlowerTaming said:

I recently tried to return some skincare  products to a company called feelunique as they didn’t suit my skin and unfortunately I’m still suffering the consequences from this.

It sounds like you bought multiple items, did you unseal them all?

To put your original question another way... would you be happy buying a new bottle of lotion from them and receive an opened bottle with a small amount removed by a previous customer?

I wouldn’t expect them to be resold. I would expect that the company claims via the brand for the refund. 

so they were opened then.

davidmcn

FlowerTaming said:

Sandtree said:

FlowerTaming said:

I recently tried to return some skincare  products to a company called feelunique as they didn’t suit my skin and unfortunately I’m still suffering the consequences from this.

It sounds like you bought multiple items, did you unseal them all?

To put your original question another way... would you be happy buying a new bottle of lotion from them and receive an opened bottle with a small amount removed by a previous customer?

I wouldn’t expect them to be resold. I would expect that the company claims via the brand for the refund. 

I wouldn't expect the supplier to be that generous to retailers, unless there was something actually wrong with the product.

the_lunatic_is_in_my_head

The regs state the following regarding products affected by hygiene issues:

www.legislation.gov.uk/uksi/2013/3134/regulation/28/made

(3) The rights conferred by this Part cease to be available in the following circumstances—

(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;

So if the consumer unseals the goods the right to cancel no longer exists, if the goods remain sealed or were not sealed to begin with then the right to cancel does exist. 

Sandtree

FlowerTaming said:

I wouldn’t expect them to be resold. I would expect that the company claims via the brand for the refund. 

You didn't answer the question but will assume that means you did open them all.

Its a big assumption that merchants can return products to their suppliers simply because a customer has said they dont like a product/it doesnt work for them. Merchants don't have consumer rights and their ability to return items to suppliers are often much more limited (and in some cases not possible to at all short of a whole batch being contaminated or such and then its up to them to prove the issue with independent testing).

Consumer rights are very generous in the UK compared to many other countries but even here the distance selling laws consider some items are unresellable safely.

If your accusation is that the item is faulty then its slightly different matter but as you are within the first 30 days of purchase its up to you to prove the item is faulty, which similar to the above is most commonly done with an independent expert report, the cost of which can be added to your claim if it supports your case.

DCFC79

I take it you haven't had a reaction before hence why you bought from feelunique ?

Have you compared the contents of the item thats affected you to what you have used before ?

If you have opened them all then yes your on a sticky wicket for getting a refund.

the_lunatic_is_in_my_head

DCFC79 said:

I take it you haven't had a reaction before hence why you bought from feelunique ?

Have you compared the contents of the item thats affected you to what you have used before ?

If you have opened them all then yes your on a sticky wicket for getting a refund.

If the OP has unsealed them. Opening a bottle of lotion or whatever that was not sealed when it was delivered to them would not cause the right to cancel to lapse.