Perfume - distance selling

ITBarbie

Hi

I recently purchased a perfume from Selfridges of London, which has now been delivered. Unfortunately, I have realised that I mistakenly ordered the wrong fragrance.

When I reached out to Selfridges to arrange a return, I was informed that they cannot accept it due to hygiene reasons. However, I initiated the return request within three days of receiving the order, which was delivered last week (purchased on December 4th).

I find this particularly frustrating as the manufacturer would have accepted the return without issue. However, Selfridges seems to be adamant that their hygiene policies prevent them from accommodating my request.

Could you please advise on how this situation can be resolved or if I have any consumer rights in this instance ?

For clarity the product is it is original packing and not been tampered with. 

Failing this I’m stuck with £250 worth of perfume, but I suppose that would serve me right!

El_Torro

Does the perfume have a hygiene seal? If so have you broken the seal? 

According to Citizens Advice you should be able to return it. There are some exceptions which are listed, the list may not be exhaustive so maybe perfume can be an exception. 

https://www.citizensadvice.org.uk/consumer/changed-your-mind/changing-your-mind-about-something-youve-bought/

The link also states that you should have been informed when you bought the perfume that they have a no returns policy on this item.

eskbanker

ITBarbie said:

For clarity the product is it is original packing and not been tampered with. 

But has it been unsealed?

The legislation allows retailers not to accept 'change of mind' refunds 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

https://www.legislation.gov.uk/uksi/2013/3134/regulation/28

ITBarbie

It’s still sealed but presume I’ve no right to exchange 

eskbanker

Their terms have a lengthy list of exceptions but it's questionable as to whether this is fully compatible with statutory rights:

Non-returnable items

In some instances, we are unable to offer refunds or exchanges. These include personalised and perishable products, as well as products which have had their protective seals or strips removed or damaged.

The following examples are non-returnable:

•  Made-to-measure, made-to-order, altered, or personalised items
•  Newspapers, periodicals or magazines
•  Event tickets
•  Hampers

•  Face coverings

•  Food and drink

•  Flowers
•  Opened CDs, DVDs or computer games
•  Beauty items, including fragrance, toiletries and cosmetics 

•  Underwear and hosiery 
•  E-vouchers and gift cards
•  Headphones that have been opened, tested or partially used

•  Wearable tech (i.e. gaming vests/accessories or music player glasses) unless sent back with hygiene seals unbroken and in an unused condition

https://www.selfridges.com/GB/en/features/info/returns/#RETURNEXCEPTIONS

the_lunatic_is_in_my_head

Perfume that is sealed and remains sealed is not exempt from the right to cancel, you need to point them to the legislation as above and make a clear statement that you are exercising your right to cancel the contract under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013

https://www.legislation.gov.uk/uksi/2013/3134/regulation/28

the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, if they become unsealed after delivery

As a aside the EU has this to say

The consumer could test perfumes and similar cosmetic products, which can be normally tested in shops, by means of a free tester that the trader could include with the product. That way, the consumers would not need to open the packaging of the product in order to exercise their right to establish their nature and characteristics (certain cosmetic products may be sealed for health protection or hygiene reasons – see section 5.11.4).

Now 5.11.4 doesn't help much 

(here if anyone wants to read: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:52021XC1229(04)&qid=1640961745514

So it could be debatable for unsealed perfume but in OP's case if it's sealed and remains sealed, the contract can be cancelled. 

eskbanker said:

Non-returnable items

In some instances, we are unable to offer refunds or exchanges. These include personalised and perishable products, as well as products which have had their protective seals or strips removed or damaged.

The following examples are non-returnable:

•  Made-to-measure, made-to-order, altered, or personalised items
•  Newspapers, periodicals or magazines
•  Event tickets
•  Hampers

•  Face coverings

•  Food and drink

•  Flowers
•  Opened CDs, DVDs or computer games
•  Beauty items, including fragrance, toiletries and cosmetics 

•  Underwear and hosiery 
•  E-vouchers and gift cards
•  Headphones that have been opened, tested or partially used

•  Wearable tech (i.e. gaming vests/accessories or music player glasses) unless sent back with hygiene seals unbroken and in an unused condition

Well face coverings, underwear and hosiery, beauty items, if sealed + opened, not sure why they think hampers (unless containing fresh food), food and drink only if likely to deteriorate or expire rapidly, headphones and wearable tech probably not based on the mattress case but more of a grey area. 

Okell

I thought this thread that @Manxman_in_exile contributed to (see link at end of comment) might be helpful, but on re-reading it appears Harrod's wanted to refuse cancellation and return not for hygiene reasons, but because it was a dangerous item.

However, the general consensus was that perfume was still not covered by the "for hygiene reasons" exception to cancellation.

It was also a case where Harrods were confusing their own right to return with the statutory right to cancel, and were giving the OP the wrong answer.

Anyway, the OP followed the advice on that thread, persevered with Harrods, and got a full refund.  (£390?)

This OP needs to follow the advice upthread and explain to Selfridges that they are exercising their statutory right to cancel and are not returning under the seller's own returns policy.

And also - of course - point out that the seller cannot rely on the hygiene argument. 

(Personally I'm not sure it matters if the perfume is sealed or not, but it will obviously be easier to return if it was sealed and the seal is unbroken... )


Harrods Online Refund Policy and lack of online upfront transparency. — MoneySavingExpert Forum

user1977

I wouldn't have said there are hygiene implications about perfume anyway?

Ergates

user1977 said:

I wouldn't have said there are hygiene implications about perfume anyway?

In terms of "am I going to get the cooties off someone else?" no.  But it's a product that you spray onto your skin and if the seal is broken the shop cannot guarantee it hasn't been tampered with.

Grumpy_chap

user1977 said:

I wouldn't have said there are hygiene implications about perfume anyway?

As @Ergates mentioned, breaking the seal means it could be tampered with and returned as not the original perfume but something more sinister - thinking Salisbury here...

Most perfumes are spray on, so no direct contact with skin.  My wife does have some perfume "sticks" (I am not really sure what they are called) which you do  rub on, rather more like a slightly more solid lip salve.  They are a bit rubbish TBH and I would not expect a high-end product from Selfridges to take that form, but maybe it could be...