Harrods Online Refund Policy and lack of online upfront transparency.

makemboy

the_lunatic_is_in_my_head said:

Manxman_in_exile said:

the_lunatic_is_in_my_head said:

You have the right to cancel and a refund. 

What is the volume in ml of a single perfume bottle you ordered?

Presumably you think the volume might be significant?

DGG got there before me  

OP I would return them Special Delivery due to the value and the problems all couriers are facing at the moment. 

Do you have the returns address from Harrods?

No not yet. They normally have a free returns and I was expecting a label.  I am writing to them now with a clear statement as advised. 

makemboy

Manxman_in_exile said:

@makemboy -  Harrods are wrong.

Quote the law to them which is contained in Part 3 of The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (legislation.gov.uk)

Basically you can cancel a distance contract for any reason at all within 14 days* of the goods being delivered to you.  You then have 14 days in which to return** them.

To exercise this stautory right to cancel you are meant to make a "clear statement" to Harrods that you are cancelling.  Best to tell them also that you are exercising your right to cancel under s29 of the above legislation and NOT under any returns policy of their own that they might have.  If you haven't clearly told them that you are cancelling under the legislation you should clarify this to them now.

s27 and s28 of the legislation lists the only exceptions to the statutory right of cancellation.  Those exceptions do not include perfume.

*If they haven't explained to you about your statutory right to cancel, the 14 day period might be extended.

** Depending on the detail of their T&Cs either you or Harrods might have to pay for the return.  If they try to say you should pay you could argue with them that they should be paying for blatantly attempting to mislead you about your legal rights...

Do you think this will suffice as a clear statement to send them  ?

Good afternoon,

Re: Customer Services Ticket: 

This is a clear statement to Harrods that I am exercising my statutory right to cancel the items ordered.

ORDER NUMBER: 

 

Part 3 of The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (legislation.gov.uk)

I am exercising my right to cancel under s29 of the above legislation and NOT under any returns policy that Harrods may have in place.

s27 and s28 of the legislation lists the only exceptions to the statutory right of cancellation. Those exceptions do not include perfume.

Please send me a returns label or address in which I can send back the products to you. Both perfumes bottles are sealed and untouched and will be returned within the same packaging as received.

makemboy

Nifty_Purse said:

OP:
I would email them again and get their response in writing rather than via a chat service.

Because you ordered them by mistake I wouldn't expect to have a free return especially on a liquid as they are usually associated with higher postage costs. So ask if you can have a refund if you're paying return postage. Obviously, they will only except a return if the packaging is unopened and in a condition to be able to resell.

It is standard practice to have terms and conditions at the bottom of retailers web pages that is not particular to Harrods. They have not done anything unusual or illegal by not stating that the item was unreturnable at the point of sale so best to not be focusing your attention on that subject.

Cheers , yes I will do that.

Manxman_in_exile

Looking at Harrods T&Cs I suspect Harrods are confused between the statutory right to cancel and their own returns policy.

In their T&Cs they say:

"5.5.         Harrods Returns Policy

In addition to your statutory rights [my bold] , Harrods offers the following rights of return:... "

They've already covered the statutory right to cancel earlier in their T&Cs, so I take the "In addition... " to mean that what follows - including the list of items that can't be returned - is a combination of statutory rights and rights under their own policy.  And it's under their own policy that they've decide to exclude perfumes.

But the law doesn't include perfumes or fragrances as exceptions to the right to cancel for a refund.

Manxman_in_exile

makemboy said:

Manxman_in_exile said:

@makemboy -  Harrods are wrong.

Quote the law to them which is contained in Part 3 of The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (legislation.gov.uk)

Basically you can cancel a distance contract for any reason at all within 14 days* of the goods being delivered to you.  You then have 14 days in which to return** them.

To exercise this stautory right to cancel you are meant to make a "clear statement" to Harrods that you are cancelling.  Best to tell them also that you are exercising your right to cancel under s29 of the above legislation and NOT under any returns policy of their own that they might have.  If you haven't clearly told them that you are cancelling under the legislation you should clarify this to them now.

s27 and s28 of the legislation lists the only exceptions to the statutory right of cancellation.  Those exceptions do not include perfume.

*If they haven't explained to you about your statutory right to cancel, the 14 day period might be extended.

** Depending on the detail of their T&Cs either you or Harrods might have to pay for the return.  If they try to say you should pay you could argue with them that they should be paying for blatantly attempting to mislead you about your legal rights...

Do you think this will suffice as a clear statement to send them  ?

Good afternoon,

Re: Customer Services Ticket: xxxxxxxxxx

This is a clear statement to Harrods that I am exercising my statutory right to cancel the items ordered.

ORDER NUMBER: xxxxxxxxxx

 

Part 3 of The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (legislation.gov.uk)

I am exercising my right to cancel under s29 of the above legislation and NOT under any returns policy that Harrods may have in place.

s27 and s28 of the legislation lists the only exceptions to the statutory right of cancellation. Those exceptions do not include perfume.

Please send me a returns label or address in which I can send back the products to you. Both perfumes bottles are sealed and untouched and will be returned within the same packaging as received.

I think that makes it very clear what you are doing.  But I'd take the two pieces in bold out. 

I put them in to emphasise to you that (1) you are not using their returns policy and (2) that the statutory exceptions do not include perfume.  Although I'm not shouting at you, they might think you are shouting at them!  Remember, you are trying to persuade them nicely that the law says you can cancel and return for a full refund.

Leave the bit in about asking for a returns label.  According to their T&Cs you are meant to pay for the return of items on a s29 cancellation but it's up to you if you want to be cheeky and ask for a pre-paid label.  You might be pushing your luck trying that though, as I don't think you are entitled to get them to pay for the return.

If they come back again moaning that it was your mistake that led to this, you can point out to them that s29 of the legislation gives you the right to cancel within 14 days whatever the reason.  In fact you don't need any reason at all - it's a legal right you have that Harrods can't take away.

When they eventually agree to the return, make sure sure you get some kind of proof of actually sending back in case it goes astray.

makemboy

Manxman_in_exile said:

makemboy said:

Manxman_in_exile said:

@makemboy -  Harrods are wrong.

Quote the law to them which is contained in Part 3 of The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (legislation.gov.uk)

Basically you can cancel a distance contract for any reason at all within 14 days* of the goods being delivered to you.  You then have 14 days in which to return** them.

To exercise this stautory right to cancel you are meant to make a "clear statement" to Harrods that you are cancelling.  Best to tell them also that you are exercising your right to cancel under s29 of the above legislation and NOT under any returns policy of their own that they might have.  If you haven't clearly told them that you are cancelling under the legislation you should clarify this to them now.

s27 and s28 of the legislation lists the only exceptions to the statutory right of cancellation.  Those exceptions do not include perfume.

*If they haven't explained to you about your statutory right to cancel, the 14 day period might be extended.

** Depending on the detail of their T&Cs either you or Harrods might have to pay for the return.  If they try to say you should pay you could argue with them that they should be paying for blatantly attempting to mislead you about your legal rights...

Do you think this will suffice as a clear statement to send them  ?

Good afternoon,

Re: Customer Services Ticket:

This is a clear statement to Harrods that I am exercising my statutory right to cancel the items ordered.

ORDER NUMBER:

 

Part 3 of The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (legislation.gov.uk)

I am exercising my right to cancel under s29 of the above legislation and NOT under any returns policy that Harrods may have in place.

s27 and s28 of the legislation lists the only exceptions to the statutory right of cancellation. Those exceptions do not include perfume.

Please send me a returns label or address in which I can send back the products to you. Both perfumes bottles are sealed and untouched and will be returned within the same packaging as received.

I think that makes it very clear what you are doing.  But I'd take the two pieces in bold out. 

I put them in to emphasise to you that (1) you are not using their returns policy and (2) that the statutory exceptions do not include perfume.  Although I'm not shouting at you, they might think you are shouting at them!  Remember, you are trying to persuade them nicely that the law says you can cancel and return for a full refund.

Leave the bit in about asking for a returns label.  According to their T&Cs you are meant to pay for the return of items on a s29 cancellation but it's up to you if you want to be cheeky and ask for a pre-paid label.  You might be pushing your luck trying that though, as I don't think you are entitled to get them to pay for the return.

If they come back again moaning that it was your mistake that led to this, you can point out to them that s29 of the legislation gives you the right to cancel within 14 days whatever the reason.  In fact you don't need any reason at all - it's a legal right you have that Harrods can't take away.

When they eventually agree to the return, make sure sure you get some kind of proof of actually sending back in case it goes astray.

Thank you very much.  I would appreciate thoughts of where I go from here if they continue not to play ball. However, I'll wait and see and come back to this post . I will anyway to feedback. 

eskbanker

Manxman_in_exile said:

makemboy said:

Re: Customer Services Ticket: [nnnnnn]

This is a clear statement to Harrods that I am exercising my statutory right to cancel the items ordered.

ORDER NUMBER: [XXXXX]

[...]

I think that makes it very clear what you are doing.  But I'd take the two pieces in bold out. 

I'd also remove the ticket number and order number from posts on a public forum....

makemboy

eskbanker said:

Manxman_in_exile said:

makemboy said:

Re: Customer Services Ticket: [nnnnnn]

This is a clear statement to Harrods that I am exercising my statutory right to cancel the items ordered.

ORDER NUMBER: [XXXXX]

[...]

I think that makes it very clear what you are doing.  But I'd take the two pieces in bold out. 

I'd also remove the ticket number and order number from posts on a public forum....

Hi , I have removed those from the original post but don't seem to be able to with the copy reposts ( Is that something you can do within your post?

eskbanker

makemboy said:

eskbanker said:

Manxman_in_exile said:

makemboy said:

Re: Customer Services Ticket: [nnnnnn]

This is a clear statement to Harrods that I am exercising my statutory right to cancel the items ordered.

ORDER NUMBER: [XXXXX]

[...]

I think that makes it very clear what you are doing.  But I'd take the two pieces in bold out. 

I'd also remove the ticket number and order number from posts on a public forum....

Hi , I have removed those from the original post but don't seem to be able to with the copy reposts ( Is that something you can do within your post?

I was able to edit the quoted section of my post (to substitute the masking characters), but can't do so on any other posts - are you unable to edit quoted sections within your own posts?  Anyone else who quoted your post with the numbers would need to do so themselves too....

makemboy

It does not seem to allow me to delete from within other quotes.