Advice needed - consumer rights

AimeeH

Hi, my mother recently ordered me some Clarins double serum from Debenhams for my birthday. Cost was nearly £80. It arrived and had only been packaged in a plastic bag. The bottle was smashed and the applicator lid broken, so not usable. My mum immediately emailed Debenhams. They told her she wasn’t entitled to a refund as it was a skin product. After badgering them, she was sent a returns code and sent it back asking for a refund or replacement. They have since stopped communicating with her. She’s in her 70’s and incredibly upset. Can anyone offer any advice please. She paid for a product that arrived damaged and faulty, but Debenhams are ignoring her.

Ergates

The person who said "she wasn’t entitled to a refund as it was a skin product" was either confused about company processes or confused about the situation.   Some products might not be eligible for a "change of mind" refund (if the hygiene seal has been broken) - but this would not apply in this case as she is reporting a "faulty" (smashed) product.

Two questions:
1) How long ago did she return the item?
2) How did she pay for the item?  (Debit card, credit card, pay pal, cash taped to a pigeon, etc)

AimeeH

She returned the item approx 2 weeks ago. Took her almost 2 weeks to get a returns code sent from debenhams. She knows they have received the return, but heard nothing. No replacement or refund. She paid on debit card.

Okell

Either the Debenham's customer services agent is badly trained or your mother didn't explain the situation clearly.

Debenham's were responsible for the item until it had been safely delivered.  Any damage that occurred to the product prior to delivery is Debenham's responsibility.  See s29(2) of the Consumer Rights Act 2015:

"(2)  The goods remain at the trader's risk until they come into the physical possession of—

(a)the consumer, or

(b)a person identified by the consumer to take possession of the goods."

That is the law that Debenham's must comply with.  They may have their own returns procedures about "change of mind" returns in respect of cosmetics, but those procedures cannot override what I've just qouted

Your mother (or you on her behalf) need to go back to Debenham's to explain this.  You may have to speak to a supervisor.

NB  -  note that technically they have a legal right to offer a replacement first.  But if you want a refund ask and see what they say.  If you get a replacement and it too is faulty, you are then legally entitled to a full refund

AimeeH

My sent them a strongly worded email explaining it had been received and was damaged. Thank you for the advice, I will share this with my mum. The several emails she has since sent chasing a response and resolution have been ignored.

Ergates

If they still don't respond then you'll need to escalate.

Some people get a good response from retailers by mailing the CEO of the company (there will be a team that deals with such mails, not the CEO themselves. 

You can get the details here:
Debenhams CEO Email address contact and Telephone number | Daniel Finley (Company Number: 05448421) | UK

The next step after that would be a letter before action - essentially telling them that if they don't refund your mother, she'll take them to small claims court.    There are templates for these letter online - including on the MSE website.