Harrods Online Refund Policy and lack of online upfront transparency.

makemboy

This was Harrods email response today.  I was thinking I should email them back and state they are referring to their t&c's and not  as in  Part 3 of The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (legislation.gov.uk) as I have stated to them.  Their terms and conditions are not applying the law  etc etc. Part 3 clearly does not state perfumes cannot be returned /refunded. They are denying my right to cancel etc

Ray

Thank you for your email.

The following products cannot be returned:

- Beauty products, fragrances and pharmaceutical products

Please see further information regarding this via the below link:

https://www.harrods.com/en-gb/legal/terms-and-conditions

We apologise for any inconvenience caused.

Kind Regards,

makemboy

jon81uk said:

makemboy said:

the_lunatic_is_in_my_head said:

OP if they won't provide you with their official returns address then you should follow this:

(3) The address to which goods must be sent under paragraph (2)(a) is—

(a)any address specified by the trader for sending the goods back;

(b)if no address is specified for that purpose, any address specified by the trader for the consumer to contact the trader;

(c)if no address is specified for either of those purposes, any place of business of the trader.

So with (b) their official registered address should appear at the top or bottom of the the T&Cs page on their website. 

Once you've sent the goods back I would email them with evidence of return and request your refund within 14 days. If they fail to refund at all a letter before action and small claims is the way to go, you might have to send the letter but by that point hopefully someone will see sense. 

Please do make sure you use Special Delivery, I wouldn't trust any other service at this time of year for £190 worth of goods and it's well worth paying the £10 or so Royal Mail charge to send via a decent service and be fully covered for the value.   

It's actually £390 as there are two 50 ml bottles.   This is their response below.

Thank you for your email.

The following products cannot be returned:

- Beauty products, fragrances and pharmaceutical products

Please see further information regarding this via the below link:

https://www.harrods.com/en-gb/legal/terms-and-conditions

We apologise for any inconvenience caused.

Kind Regards,

Have you asked why they think fragrances are excluded from cancellation under the consumer contracts legislation?

Not yet but I will add that to my next email. thanks.

makemboy

the_lunatic_is_in_my_head said:

OP if they won't provide you with their official returns address then you should follow this:

(3) The address to which goods must be sent under paragraph (2)(a) is—

(a)any address specified by the trader for sending the goods back;

(b)if no address is specified for that purpose, any address specified by the trader for the consumer to contact the trader;

(c)if no address is specified for either of those purposes, any place of business of the trader.

So with (b) their official registered address should appear at the top or bottom of the the T&Cs page on their website. 

Once you've sent the goods back I would email them with evidence of return and request your refund within 14 days. If they fail to refund at all a letter before action and small claims is the way to go, you might have to send the letter but by that point hopefully someone will see sense. 

Please do make sure you use Special Delivery, I wouldn't trust any other service at this time of year for £190 worth of goods and it's well worth paying the £10 or so Royal Mail charge to send via a decent service and be fully covered for the value.   

Hello again, thanks for this. What do you mean by ' a letter before action' ?  Who would that be sent to (if you mean a physical letter) what should it contain ?   Ray

makemboy

Well we are making progress.  I sent this email back to harrods Customer Services.

Good day, 

You are quoting Harrods Terms and Conditions which are contrary to the law as stated in 

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

This is with regard to Distance Selling.

I have made a clear statement to Harrods that I am exercising my statutory right to cancel the items ordered under this legislation and will be returning them.

I am interested for you to tell me why you think fragrances are excluded from cancellation under the consumer contracts legislation?

Regards

Then I received this response back. 

Thank you for your email.

If you wish to return merchandise by post at your own expense, please package your parcel securely and send back by Royal Mail special delivery or by international recorded mail service (not courier) using the address below:

Harrods Online Returns 
TVDC – Harrods
Mill Lane
Thatcham
Berkshire
RG19 4AL

Due to the products being non-returnable with our chosen courier, our returns system does not allow a return to be processed for your order and you are therefore required to post the item back to us yourself. Please ensure that your package is clearly marked as returned goods.

Please also enclose a proof of purchase and a covering letter stating the reason for the return, along with your full contact details. We will contact you directly with a proposed solution once your parcel has been received.

Should you need any further assistance please do not hesitate to let me know.

My understanding is that I do not have to provide a reason for returning the perfume. I am not happy that they are offering a solution at a later date after receiving the returned goods. Am I entitled under the law to a full refund ?

Ray

Alderbank

makemboy said:

My understanding is that I do not have to provide a reason for returning the perfume. 

Correct, but you do have to make clear that you are exercising your right under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 s29 to 'cancel a distance or off-premises contract at any time in the cancellation period without giving any reason'.

eskbanker

makemboy said:

My understanding is that I do not have to provide a reason for returning the perfume.

The reason here presumably being 'I am exercising my right to cancel the contract', as opposed to 'the goods are faulty' or suchlike, but no need to go into any more detail than that

makemboy said:

I am not happy that they are offering a solution at a later date after receiving the returned goods. Am I entitled under the law to a full refund ?

Agreed, the reference to 'a proposed solution' is too vague, so worth confirming your expectations under section 34.

Manxman_in_exile

Reading through previous posts @makemboy has already made it perfectly clear to Harrods that he is cancelling under s29 of The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (legislation.gov.uk) and not under there own returns policy.  (Or at least he has if he emailed them as I suggested - it couldn't be made any more clear!).

As it's a "change of mind return" he probably does have to pay for the return as I think Harrods T&Cs (in that part where they correctly outline the law at least) do say that "change of mind returns" must be returned at the consumers cost.  (I may be mistaken so others might want to check the T&Cs).

If I were @makemboy I'd follow the return suggestion made earlier by @the_lunatic_is_in_my_head to minimise the chances of any problems arising with the return.

Anf no, under the legislation he doesn't need to give a reason.  I'd suggest whether he does is up to him.  He can say what he likes, including that the legislation does not require him to give a reason.

I think Harrods are being very naughty.  Reading between the lines they seem to be saying that perfumes can't be "returned" because their courier won't carry them as returns.  That's a far cry from their T&Cs explicitly stating that they can't be returned with the implication that this is because the consumer has no legal right to return them.

Manxman_in_exile

makemboy said:

Well we are making progress.  I sent this email back to harrods Customer Services.

Good day, 

You are quoting Harrods Terms and Conditions which are contrary to the law as stated in 

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

This is with regard to Distance Selling.

I have made a clear statement to Harrods that I am exercising my statutory right to cancel the items ordered under this legislation and will be returning them.

I am interested for you to tell me why you think fragrances are excluded from cancellation under the consumer contracts legislation?

Regards

Then I received this response back. 

Thank you for your email.

If you wish to return merchandise by post at your own expense, please package your parcel securely and send back by Royal Mail special delivery or by international recorded mail service (not courier) using the address below:

Harrods Online Returns 
TVDC – Harrods
Mill Lane
Thatcham
Berkshire
RG19 4AL

Due to the products being non-returnable with our chosen courier, our returns system does not allow a return to be processed for your order and you are therefore required to post the item back to us yourself. Please ensure that your package is clearly marked as returned goods.

Please also enclose a proof of purchase and a covering letter stating the reason for the return, along with your full contact details. We will contact you directly with a proposed solution once your parcel has been received.

Should you need any further assistance please do not hesitate to let me know.

My understanding is that I do not have to provide a reason for returning the perfume. I am not happy that they are offering a solution at a later date after receiving the returned goods. Am I entitled under the law to a full refund ?

Ray

Well done.  When you send back make sure you get proof of posting from the post office.  This is vital to have if the return goes astray.

[Edit:  I would also include a letter reminding them you are cancelling under s29 of The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (legislation.gov.uk) and not their own policy.  Just to make sure whoever deals with this return understands what is happening.  Attach a copy of the above email from Harrods too.]

makemboy

eskbanker said:

makemboy said:

My understanding is that I do not have to provide a reason for returning the perfume.

The reason here presumably being 'I am exercising my right to cancel the contract', as opposed to 'the goods are faulty' or suchlike, but no need to go into any more detail than that

makemboy said:

I am not happy that they are offering a solution at a later date after receiving the returned goods. Am I entitled under the law to a full refund ?

Agreed, the reference to 'a proposed solution' is too vague, so worth confirming your expectations under section 34.

Thank you, yes I'll refer to that.  Not sure if I should try and claim the postage also to return it. Harrods do offer a free return normally but as they consider these items 'non returnable don't offer free returns. Maybe I would be pushing it too far.

makemboy

Good morning to those following this thread,

As Harrods T&C's state that the perfume is non returnable I thought I would not be able to claim back postage costs back to them.  However, in the Thank you for shopping with us email initially received when I made the order they clearly state how I can return my order. 



Also interesting is something else I found in their T&C's.  Note what they say about non returnable products thin that. This is clearly not within the law. Not sure if I should chase up this issue with them now or just concentrate on the refund?
Ray