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Original poster

Am I unreasonable to think they should correct this mistake?

134 replies

AnwenDolly · 03/11/2021 00:15

A friend is a representative for a well-known cosmetics firm. I recently made an order for items worth nearly £80 which arrived a couple of weeks later.

I was pleased with most of the items I received, but was disappointed to find that one item was not only the wrong colour, but it was also a slightly different and completely unsuitable product for me. As I can't use it, it's completely useless to me.

I let my friend know that same day and she said she would order the right one straight away and collect the wrong one the next time we meet. That was just over a month ago and I had heard nothing since.

This week, I've been thinking about ordering some more things from this company for myself and for Christmas presents, but was reluctant to do so until the mistake with my last order was rectified.

I sent a message to my friend asking when I could expect to receive the correct product and she told me that I had misunderstood her and that she would not order the correct product (which I have paid for) until I return the one sent to me in error.

Am I being unreasonable to think I shouldn't have to return an item I didn't order or want before I receive the item I have already paid for? I have seen the order my friend sent to the company. The mistake was definitely the company's and not hers.

I'm left feeling very let-down and disinclined to order anything else from this company.

OP posts:
CloseYourEyesAndSee · 03/11/2021 07:12

She doesn't want to post it to her mate as she will have to pay postage. She isn't seeing her mate for a while so can't hand the lipstick over. She will then have to wait again until her mate gets the replacement and brings it to her.
This is one of the reasons why MLMs aren't proper businesses.

TheNoodlesIncident · 03/11/2021 07:12

It's standard practice to return something unwanted for exchange or refund asap. It's not going to happen with the item stuck in a drawer in your house, is it?

I can't believe you've held on to this item for so long and blamed your friend for not getting on with the exchange process. It's you that's holding it all up!

Mistakes happen, it's just one of those things. I wouldn't hold a grudge against a company for an error like that. It sounds like you don't trust them to momentarily have the wanted item, the unwanted item and your cash, but unfortunately that's just how it works. I can't see them not refunding or exchanging if you get the unwanted item back to them, as sharp practice like that would result in lousy reviews and ex-customers.

You need to return the unwanted item back to your friend, but you might be out of the statutory cooling off period you're allowed in distance buying. But that's your fault for keeping the item instead of enabling it to be sent back.

honkytonkheroe · 03/11/2021 07:21

This is how online works. I’m sure 99.9% of people would have just returned the incorrect item and received the correct one a short time later. Because you didn’t you are now a month on and the issue hasn’t been resolved and will not be resolved as long as you hold the item hostage.

icelollycraving · 03/11/2021 07:27

It doesn’t matter how you’re shopping, you don’t get a replacement until you return the other item. So you thought you’d swap at the same time? That’s not how this type of shopping works. They aren’t treating you badly, I am confused as to why you think they are.

icelollycraving · 03/11/2021 07:28

Also, soon you’ll be out of your return time frame surely.

Bluntness100 · 03/11/2021 07:37

I’m very surprised by this, is this the first time you’ve bought anywhere other than a physical shop? This is normal practice, you return the wrong product and they send a replacement, they won’t let you have two for no additional money and take you at your word that you will return it.

Just return it.

rwalker · 03/11/2021 07:38

At a complete loss why you think you should get new one without returning incorrect on first.

In very simple terms the vast majority of people wouldn't return the incorrect item once they received the replacements .

DoraMaude · 03/11/2021 07:39

I can't understand why you're making such a drama out of this. Just return the item and she'll get you the right one.

Hillary17 · 03/11/2021 07:42

You’re in the wrong… return the item and you’ll get the correct one, simple.

BonesInTheOcean · 03/11/2021 07:43

Avon?

Busybee5000 · 03/11/2021 07:48

it was a mistake and so part of the mistake being rectified is that one product gets returned and the other replaced. Return and replace.

Derbee · 03/11/2021 07:49

You’re so outrageously unreasonable that it’s almost mind boggling. Send the original item back, and you’ll get the item you ordered. What’s so bloody hard to understand?

Why should a company be out of pocket by risking every customer that has a mistake on their order, keeping multiple items?

It’s not even difficult for you to return. Your friend will do it all. Unbelievable

Sunshineandflipflops · 03/11/2021 07:57

Agree with most other people here - just send it back for a replacement. They can't replace something they don't have! As far as they are concerned you could just keep both items.

gettingolderandgrumpy · 03/11/2021 07:57

I don’t understand you can’t use it so return it you can’t hold onto it until you get your replacement. If you went to a shop you’d exchange there wouldn’t you ? Online is different you return you get the replacement. Sometimes they will let you keep the wrong item and just send replacement but not always but you said yourself you can’t use it anyway . I’m not sure what the issue is tbh op just return it .

ImUninsultable · 03/11/2021 07:58

You need to return it first. That's how distance selling works.

They may be a massive company but at the end of the day, it is individual people packing things. People make mistakes. It's part of life. We dont throw a strop and hold things hostage until those mistakes are fixed. We send back the wrong thing and they send out the correct thing.

Stop making this more difficult than it needs to be. Ask your friend for a postage label, send it back with whatever details need to be sent with it so you dont need to wait until you see her and she can get the correct item.

HollyandIvyandAllThingsYule · 03/11/2021 07:59

It’s not a faulty item. It was sent in error and you’ve already been assured that you’ll get the correct item. But of course you need to return the original item before you get the replacement.

PaintedDaisy · 03/11/2021 08:04

@GiltEdges

Do you not trust your friend or something? Because it’s as if you feel the need to hold the current item as collateral until you get the one you ordered… which is frankly just bizarre Confused

Just tell your friend she can collect the item and she’s already told you she’ll then sort the replacement. Problem solved.

I agree sounds like you don't trust her.

Give I back and she will organise the exchange. Like if you ordered something online and the wrong one arrived.

And if it's an MLM avoid it and stop buying stuff from them.

Platax · 03/11/2021 08:08

Typical unthinking MN pile-on. As matters stand, the company is in breach of contract because it has not supplied the product OP ordered and paid for. They must supply those goods, unconditionally. Technically they have sent her unsolicited goods. Therefore it is their responsibility both to fulfil their contractual obligations and to make arrangements to collect the unsolicited product at no expense to OP.

terrywynne · 03/11/2021 08:10

For everyone asking OP if she has ever shopped online before, this is clearly MLM shopping via a rep not directly online. One of the ways MLM reps sell their services is on the personal nature (they will deliver direct to you etc). Unfortunately, contrary to what MLM companies say, being a rep does not make most people money so they will probably be paying to do deliveries. The rep probably can't afford to order the new item as they promised or to drive over and collect the item or to pay for OP to post it to her.

The company doesn't care. The reason Body shop (which this may be) and some other normal companies have gone down the MLM route is because it is cheaper for them as they have pushed all the hassle and cost of customer returns onto their reps (along with ridding themselves of the need to pay NI, sick pay, pension etc and getting reps to pay for marketing).

OP you and your friend are in a crap place over this because of the MLM model. You are probably going to have to pay to return this item to get your refund. Next time go into a shop or order direct from the company website. Then they will have to deal with mistakes not your friend (and if no one buys from her she might realise it is crap and give up before she loses too much money).

Hankunamatata · 03/11/2021 08:12

Your friend would probably have to pay to order the replacment item if she didn't return the wrong one first

terrywynne · 03/11/2021 08:12

@Platax

Typical unthinking MN pile-on. As matters stand, the company is in breach of contract because it has not supplied the product OP ordered and paid for. They must supply those goods, unconditionally. Technically they have sent her unsolicited goods. Therefore it is their responsibility both to fulfil their contractual obligations and to make arrangements to collect the unsolicited product at no expense to OP.
Except her friend is a rep which means it is an MLM who has persuaded OPs friend she isba business owner. So the person with the responsibility is the friend, who probably can't afford to do the returns out of pocket.

Such a crap business model for anyone but the parent company

malmi · 03/11/2021 08:16

They are not unsolicited goods, that's something completely different.

Platax · 03/11/2021 08:17

@malmi

They are not unsolicited goods, that's something completely different.
Nope. They sent OP goods she didn't order. It's the same.
Platax · 03/11/2021 08:19

I suspect people are getting confused about the legal position because they are confusing it with the right to return goods you've bought at a distance where you discover that they're the wrong size or you don't like them, or there's something wrong with them. In that situation they have delivered what was ordered. In this situation, they've delivered something that wasn't ordered.

OneTC · 03/11/2021 08:19

It's just one of those shit aspects of distance customer service

Customer: I want to hold an item as insurance against your delivery

Company: outrageous behaviour, how very dare you, take this to MN and they will all shout at you

-----

Customer: I'd like to return an item and get it replaced with a new one

Company: very well, we shall hold your item as insurance against your delivery of the incorrect item

MN: Bravo