sorted Fragrance Return Request John Lewis

**MIKE770** · 24th February 2018, 12:42:PM

I want to return my goods, what are my rights? - Which.uk

https://www.which.co.uk/consumer.../...-are-my-rights
Are there any products that can’t be returned?

JOHN LEWIS Site:-

The following items are excluded from our goodwill returns policy, unless faulty or not as described:-

perishable goods such as fresh flowers and food
computer software vouchers that have been redeemed, or computer software that has been opened
any gift cards
any pierced earrings
underwear/swimwear which has been worn, or bedding that has been used
beauty products that have been unsealed and opened

Note:- , unless faulty

**pt2537** · 24th February 2018, 15:13:PM

Originally posted by dizco View Post

Hello

I recently spent over Ł200 (via Credit Card) on fragrance from John Lewis. I made my purchase online. I am familiar with the fragrance, as I buy it regularly.

The bottle I received from John Lewis has a strange 'off' synthetic smell to it. I have checked the batch code and production code, and they match the bottle I'm currently using, so I know it hasn't been reformulated. To me, it is 'off', and I'm wondering if the bottle may been stored incorrectly prior to shipping.

I have contacted John Lewis and indicated my intention to return the fragrance for a full refund, but I notice their 'Returns Policy' excludes Beauty Products, so I'm anticipating a rejection. I am still within the period allowed to return items.

I'm really not satisfied with the purchase as there is something definitely 'wrong' with this fragrance.

Could someone advise what options are available to me as a consumer, should John Lewis reject the return.

Ok if you used your credit card, and there is a breach of contract then you could look at a claim under s75 Consumer Credit Act 1974.

**dizco** · 27th February 2018, 17:52:PM

Thank you everyone. Apologies for the long winded ramble below, just wondered if someone could help me establish my next move.

I received an email from John Lewis as follows:

"I am sorry to hear that this does not smell the same as the other item you have purchased. As this has now been opened and used, we would be unable to offer you a refund for this as our refunds policy states it would need to be in resalable condition."

I replied as follows:

"Your returns policy does indeed mention this, but there is also an additional caveat that states “unless faulty or not as described”ť. In my view it was not in a saleable condition in the first place, and I could have only discovered this by opening the packaging to test the fragrance.

The reason it smells nothing like the other bottle I purchased, is simply because the fragrance has ‘gone off’, and is stale. There is a strange synthetic smell which pervades through the fragrance. I suspect it has not been stored properly prior to shipping.

The law currently states that as a consumer, I have the right to goods that are deemed to be of a satisfactory quality, fit for purpose and 'as described'. This is not the case in respect of the xxxxxxx fragrance purchased online through the John Lewis website.”

I received the following back today:

"Please be advised that in this case there is nothing further we can do. As my colleagues have previously stated all items that are wanting to be returned to us need to be in resell-able condition.

As you have opened it and have actively used it (*I’ve literally sprayed it once*), with no identifiable faults we cannot offer a refund."

I've prepared the following to send in response:

"I recently purchased xxxxxxx fragrance from johnlewis.com. At the point of purchase I paid Ł215.

The xxxxxxx is not of satisfactory quality, and in my view it is a stale fragrance.

The Consumer Rights Act 2015 makes it an implied term of the contract I have with John Lewis that goods be as described, fit for purpose and of satisfactory quality.

As you are in breach of contract and I've owned the product for less than 30 days I am within my statutory rights to ask for a full refund of the original cost paid.

I am returning the purchased item to you today, and await confirmation that you will provide the remedy set out above within 14 days of the date of this letter."

Should I return it just yet, or wait, or seek to claim it back via my credit card?

**des8** · 27th February 2018, 19:43:PM

I would also comment in the letter that John Lewis terms and conditions do not supplant your statutory rights
and that if you do not receive your full refund within 14 days you will initiate court action without further reference to themselves.
That is if you are prepared to take that action.

**dizco** · 28th April 2018, 11:03:AM

Thank you for all your help everyone. I eventually got John Lewis to refund the full amount.

**des8** · 28th April 2018, 11:08:AM

Well done, and thanks for the update

sorted Fragrance Return Request John Lewis