Am I unreasonable to think they should correct this mistake?

[AnwenDolly]

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.

@AnwenDolly

I have every intention of returning the unwanted product. It is sitting safe and unused in a drawer. It is of no use to me.

My issue is that I have not received the product I paid for and I was given to understand that I could exchange the unwanted product with the one I ordered.

A month later, I am being told that they won't send the item I have paid for until I return the one I didn't order and don't want.

I don't understand your problem. That's how the vast majority of companies work.

Well, I'm disagreeing with most because I think you aren't being unreasonable. The reason some of us use these reps for companies is that they give a personal service, which includes personally delivering the products. Therefore, when your friend said she'd order a replacement I think it would be reasonable to think she would do that - then deliver it and pick up the wrong one at the same time.
To my shame I used to be involved in an MLM and that is what I would have done. Nobody would have had to return anything direct to the company, or to me.

Thank you for your explanations. The MLM model sounds nasty and exploitative. it is. Yet you're still going to encourage your friend by buying Christmas stuff as it's lovely!? Why would you do that to a friend you care about? Why would you want a "friend" to get stuck in the MLM trap?

Just ask for a refund and go elsewhere.Simple.

YANBU. Your friend said one thing and is now saying another.

Yes, you should return the item - you've already said you will - but no, you should not be going out of your way. Friend should collect from you or company should send you a returns label so you can return item with minimal inconvenience. They should then refund you promptly.

After that, I would stick to ordering online with a company that has a stated returns policy and cut out the middle man (your friend).

@AnwenDolly have a look at www.MLMtruth.org. @terrywynne is right on the money about the kind of organisation your friend is tangled up with. I

feel for your friend because these companies get the reps buying stock and encouraging them to spend. They then mess the reps around, failing to deliver or cancelling orders and leave the reps to carry the can. They don’t care about product or end retail customer, what they care about is expanding their sign ups: MLM is a pyramid scheme obscured by the appearance of product changing hands. You friend is probably losing money.

Therefore I would get the product back to her and I’m sure she’ll give you the right one if she can. But don’t buy any more as it won’t ultimately help her.

@AnwenDolly

Thank you for your explanations. The MLM model sounds nasty and exploitative.

Sadly, the company my friend works for is one of those listed above as MLM. I hoped it would be otherwise. It's a shame, because their products (when they send the right ones) are good quality.

Anyway, I have resolved to jump their MLM hoops - for my friend's sake and because they have some lovely Christmas stuff - not because they deserve my continued custom. As someone said above, they rely on the emotional connection between the representatives and their customers...

The one thing I'm glad of is that, by not naming them, I have avoided giving them a free plug on Mumsnet.

Thanks again to everyone who took the time to reply. I've certainly learned a few things.

Wow.

Nope. They were sent by accident. Unsolicited goods are sent deliberately. This is covered by the Consumer Contracts regulations if you want to check.

@hibye123

Of course I wouldn't, but neither would I expect to take an item back to the shop and receive nothing in return. I would expect the shop to replace it with the correct item

This is exact same thing as if you ordered items from a company online and for whatever reason they had sent you an incorrect item. In order to receive the correct item, you have to send the incorrect item back first.

Even though the company is at fault, they don't know if you'll send the incorrect item back once you've received the correct one. What your friend (& the company) is asking for is nothing out of the norm from any other company tbh

This is exactly what I was going to say!

I recently bought a coat for DS from JDSports online, they sent the wrong size. I contacted them and they said to send it back and they would resend the correct size.

That's pretty standard for distance selling and all large and reputable companies have the same policy

Sorry meant to say on the bottom of my post that the policy is absolutely nothing to do with whether it's an MLM!

@malmi

Nope. They were sent by accident. Unsolicited goods are sent deliberately. This is covered by the Consumer Contracts regulations if you want to check.

If only the MLM’s main customers (the reps) had the protection of fair trading and consumer law.

@FrangipaniBlue yes you’re right about the exchange from the OP’s perspective. I think those of us mentioning MLM know that the MLM will be leaving OP’s friend out of pocket and fleecing her left right and centre and she will have to pay out of her own pocket for their error. These reps think they are entering a product selling business but the business model of MLM relies on endless chain recruitment. These businesses are shady as fuck and need closing down. In this scenario OP and the MLM won’t be out of pocket but the rep will.

Agreed @YouokHun the evil things should be illegal 

I have a bit more information on the company's policy, which is more in line with what I expect of a reputable company and happily, exceeds the expectations of nearly 80% of respondents to this post.

If you simply change your mind or dislike a product provided by this company, that is properly sent in good condition, you can request a replacement or refund within 28 days of receipt. Not unreasonably, you must return the unwanted item before a replacement or refund is given.

If you receive the wrong item, or a damaged or faulty item, the policy is different. You must inform the representative within 90 days (it can be longer if there are good reasons) and a replacement should be ordered straight away. Despatch of the item to the representative is not dependent on the item being returned to the company in the first instance. The wrong/faulty/damaged item can then be returned to the representative and exchanged for the replacement item.

This is what my friend originally told me would happen and seems perfectly reasonable to me.

Perhaps not all MLMs are as bad as we thought...

Perhaps not all MLMs are as bad as we thought...

They are.

Very glad to understand that the conditions are as would be expected.

not all MLMs are as bad as we thought...

The business model sadly, remains flawed from the point of view of anyone outside the very top of the pyramid.

@AnwenDolly your problem being solved does not change the exploitative and dishonest nature of MLM. They are ALL without exception deceptive scams.

MLMs really are that bad. Don’t be fooled.

Despatch of the item to the representative is not dependent on the item being returned to the company in the first instance. The wrong/faulty/damaged item can then be returned to the representative and exchanged for the replacement item.

What this is saying is that the Rep can BUY - with her own money - the replacement item and (of course) the company doesn’t need the wrong item back first. They’ll get her money. What do they care about the faulty item?! They make out they’re being generous, when actually they’re carrying zero risk so can afford to sound that way.

However, your friend won’t get the money back from the company for the wrong item (to hand over to you), until the company gets the wrong item back.

So: company get money, sends wrong item. Company gets more money, sends right item. Company receives wrong item back and gives rep money back, to give to you - or, it doesn’t get the item back and doesn’t refund the rep. It’s all the same to them. They’re down two items, up two lots of payment, down one item and up one lot of payment. All good.

However, if you don’t give the item back to your rep or to the company, so that the rep and then you are net zero, she will go out and buy the replacement item with her own cash (not yours, because you’ve already paid) with you potentially forgetting to return the wrong item. She’d be buying it for you. She’s taking a risk on you. She’s be down two items up one lot of commission, you’d be up two items and down one lot of payment.

The MLM model is for the rep to take on ALL the risk for the top company. There’s a whole lot more that goes on (delivery costs are for the rep, customer complaints dealt with by the rep, rep’s monetary incentives diminish over time, company takes commissions from the rep on top of sales etc etc etc). They’re pyramid schemes. They only work with/for/when reps are prepared to put friendships and relationships on the line for money - that’s the only way reps can make proper money out of these things. They’re absolutely awful.

@BeenThruMoreThanALilBit
"Company receives wrong item back and gives rep money back, to give to you - or, it doesn’t get the item back and doesn’t refund the rep. It’s all the same to them."

But that's all businesses. If I buy a faulty Remington hairdryer from Boots, Remington don't refund Boots before I return the faulty item. And Boots and Remmington aren't MLM's.
You can be opposed to MLMs but I don't see why you're criticising this company for having a standard return policy.

You understand that it's your friend who need to pay for it though, dont you?

The company dont send it for free. She needs to order and pay for the correct item then give it to you to get the wrong item back. She'll be expected by the company to keep the wrong item and try to sell it to someone else, or return it and wait several business days for a refund.

The company with all the money and who made the mistake have no risk here. It is your friend who must use her money to buy to correct item and then be out of pocket until it gets sorted. The company is totally fine with no risk.

Do you think your friend can afford to do that if there are several mistakes from the company?

MLMs take advantage of people desperate to make some extra money, and the entire process is skewed in the companies favour and puts those people in a position of needing to spend so much money to keep it going, they are taught to "fake it till they make it" but they never make it. They are taught to recruit others because that's the okoy way to make any money, but it doesnt work because all that happens is her recruits will end up struggling the same as her and spending money they dont have trying to make it work.

I cant believe you've gotten to be an adult and don't know about MLMs but we are telling you they are disgusting, exploitative and they prey on people desperate to make some money and they lie lie lie.

Stop buying from them. You are not helping your friend.

MLMs are exactly as bad as we thought they were, OP. Don't be hoodwinked twice.

Yes but you say you would expect something in return in the shop, which is fair enough as it’s a shop so there is lots of stock there , I’m sure your friend has to reorder the correct one and send back the incorrect one , I doubt she has a stick full in her purse.

Just give your friend the item and your new one will arrive shortly , how is this difficult to comprehend ?

@Overtired201984

Yes but you say you would expect something in return in the shop, which is fair enough as it’s a shop so there is lots of stock there , I’m sure your friend has to reorder the correct one and send back the incorrect one , I doubt she has a stick full in her purse.

Just give your friend the item and your new one will arrive shortly , how is this difficult to comprehend ?

Stock full , not stick

I really don’t know why anybody spends money on makeup.
Life is great when you can just be you.

Mistakes happen, I had a similar thing happen the other day. Ordered something and a smaller, and therefore cheaper version arrived. I got in touch and they immediately resolved the problem, full of apologies.

It is normal practice to return items before a replacement is sent out.

Just accept the misunderstanding regardless of who you think may be at fault for it, return the item then enjoy the correct one when it arrives.

If your happy with the products then just accept that mistakes happen every so often and place your Christmas order.

That would be my advise :-)

@Misophonia

I really don’t know why anybody spends money on makeup. Life is great when you can just be you.

Wearing make up is a way to express being you. I don't do a full face if foundation and base layers and all that. But I have a large number of eyeshadow pallets and I love doing my eyes. I pick the colours I feel like that day.

It's thesame as clothes and jewellery; you choose what you like and what expresses you.

So get off your high horse about make up and telling people to just be themselves. That's exactly what some people are doing.