Angel Perfume

the_lunatic_is_in_my_head

MyRealNameToo said:

the_lunatic_is_in_my_head said:

Ergates said:

In a shop they'd have a tester bottle already open that isn't for sale - they wouldn't let you open and test the bottle you're buying.  

That is true but the same would be said of most display models. A TV shop could have display models but they wouldn't typically let you open the box of a random TV and then set it up nor would they sell you the display model.  

MyRealNameToo said: Even with places with testers they dont always have all options available for testing, particularly if they are selling more expensive variants like perfumes, they may have the eau de perfume open to test but will just tell you the perfume version is more intense without anyway for you to try. 

Its similar with lots of other products, yes TVs are often on display in Curry's but in Makro they arent and if you want a special order model they dont have in store at neither can you try before you buy but the argument that because some TVs are displayed in some stores seems to stand for everyone being able to try every model if buying online. 

The regs merely mention that in particular handling is excessive is beyond what can be done in a shop, I don't think the world has time to debate whether or not some shops only have eau de perfume as a tester or one shop has 25 TVs on display and the other only 1. 

I would say though that I'd expect the more expensive the perfume the more likely there would be a tester, but haven't purchased such a thing in a shop for a long time.

I don't think you should be able to unseal a bottle of perfume, test it and then send it back for a full refund but here we are  

But thats my point, in a shop you cannot open a sealed box of purfume and try it so why should you be able to do so at home? 

Because in a shop, with certain products, you have the opportunity to establish the nature and characteristics of the goods by interacting with the demonstration model. 

If you exclude the interaction with a demo model as part of the "what you can do in a shop" then you can't open anything in a shop that is packaged. 

If you were to make such an argument it could be credible except for the fact it would contradict the guidance given

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

In principle, the consumer should be able to open the packaging to access the content(s) inside if similar goods are normally displayed in shops in unpacked condition. Hence, damage caused to the packaging by merely opening it is not a cause for compensation. However, any protective films applied to the item should only be removed where strictly necessary to test it.

That is their bolding but my underlining. 

It is clear that perfumes are normally displayed in shops in unpackaged condition as the concept of testers is one we all know of.

donnac2558

Ergates said:

Or, they'd bought a batch of what they *thought* was genuine perfume from the grey market, and then found out it was fake.

It was the fact that the website insisted it was not fake. 

Ergates

donnac2558 said:

Ergates said:

Or, they'd bought a batch of what they *thought* was genuine perfume from the grey market, and then found out it was fake.

It was the fact that the website insisted it was not fake. 

Yes so either:
1) They were lying.
2) They actually believed it was genuine

Nonamenoone

*Update*
The bottle is genuine. The contents are fake! I have just taken to the Mugler counter. 
The 100ml bottle is designed to be refillable. Which this has been. With dupe perfume in an original bottle and then sealed incorrectly. So side by side pics for comparison. The liquid isn't even the correct colour. I knew it wasn't right! Now to battle for refund. Very clever trick!

Nonamenoone

sheramber said:

Nonamenoone said:

sheramber said:

Nonamenoone said:

So in all, they blede for storing it incorrectly over 2 days for it having an adverse affect on the smell, but them having for 2 years and seemily resealing it doesn't.
Any advice really Welcomed! Thank you 

Your options  are to return it for testing or accept it as it is. 

I just wonder if I should be paying to return something that has been identified as opened and resealed etc. Also, I guess if it gets damaged in transit it will also be on me. 🤔

How did they establish it had been opened and resealed  before you bought it since you had opened it?

I took pictures of the outer wrapper it was received in. They do not match the original.

born_again

Contact manufacture & leave it in their hands. As they can take action based on counterfeit goods against the seller.

Aside, the colour in the bottom two pics are wrong (different background) If you are comparing contents, at least take picture with same background. & cap is different? 

PennysIntoPounds

I'm sorry this has turned into a palaver for you but well done for pursuing it since you knew it wasn't right. 
I would at least put a review on TrustPilot about this company, but definitely pursue a refund with the information you have 

Murphybear

the_lunatic_is_in_my_head said:

Ergates said:

Assuming they're a UK company (and thus subject to UK consumer law) then what they've said isn't correct at all.

Perfume does come with a hygiene seal, so opening it doesn't mean you can't return it.   

If this was a change of mind return then they *might* be able to deduct an amount from any refund for loss of value resulting from opening and "using" the product.  But they can't just entirely refuse to accept a return and any deduction would have to reflect an *actual* loss of value.  (i.e. how much less would you expect to pay for a bottle that has been opened but is essentially still full).

But also - if the company doesn't properly inform you of your rights of return under consumer law, then they lose this privilege entirely.   From what they've said so far it seems quite likely they they haven't done this.  If so, then they're not allowed to deduct anything.

Also... this isn't a "change of mind" return anyway - this is you saying the item is not as described.

If you wanted to be sure, you could also pop into a perfume shop (or department store, or wherever) and do a sniff test on a sample bottle of Angel - just to confirm it's the bottle you've had the smells different, and not something about your sense of smell or something that has changed.

Whilst I think it will be a long argument (with the retailer), perfume can commonly be tested in shops so testing the perfume shouldn't permit a deduction.

The EU guidance makes the suggestion of the retailer including a tester to reduce the requirement for the consumer to open the bottle in order to find out they don't like the product.

Although with this being third party sellers it does make you wonder if it's fake in which case it's straightforward (although could of course be reformulated as suggested above). 

Mad idea:

How about spraying a tester on one wrist and the one you have got on the other wrist.  Leave them for a while and compare them.  Ask other people to have a sniff as well to see if they are the same.  If they are not then you could send yours back and tell them it is very different from the genuine one.  

Ps I see you’ve sorted it out now 😺