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what are my rights?

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  • 23-01-2010 7:23pm
    #1
    Sabrielle
    Registered Users Posts: 109 ✭✭


    I bought Smashbox HD foundation today and when i got it home and opened the box i found that it had been used. Can I take it back and get a refund or can they just say that I used it? Also there was an expiration date for May 2010 on the foundation, most foundations last a year.


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    #2
    Toots
    Administrators, Business & Finance Moderators, Society & Culture Moderators Posts: 16,921 Admin ✭✭✭✭✭Toots


    I don't really know what your rights are here, I'd say since you've taken it home you might have a hard time proving that you didn't use it. If I were you, I'd take it back to the shop first thing tomorrow, with your receipt, and explain what happened. Ask to speak to a manager and see what they say. Be polite but firm and hopefully they'll either give you a refund, or a good discount on another one. I got stung by this years ago (it was eyeshadow), and luckily because I used that cosmetics counter all the time, they knew me well enough and had no problem giving me a refund.

    A good tip for the future is if you're buying makeup, check it before you leave the shop, so if there is a problem they can see you didn't cause it.


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    #3
    Miaireland
    Registered Users Posts: 4,065 ✭✭✭Miaireland


    I wouldn't think that there will be any problem. I've had a similar problem and the item was replaced with no bother.


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    #4
    Mr. Incognito
    Registered Users Posts: 9,798 ✭✭✭Mr. Incognito


    Let the buyer beware.

    Legally you have no recourse. If you are nice to the manager he might exchange it.


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    #5
    pleasant Co.
    Moderators, Technology & Internet Moderators Posts: 7,404 Mod ✭✭✭✭pleasant Co.


    Mr. Incognito wrote: »
    Let the buyer beware.

    Legally you have no recourse. If you are nice to the manager he might exchange it.

    I dunno, would this fall under the whole "of merchantable quality" part of the sales agreement?


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    #6
    Gamesnash.ie: Pat
    Company Representative Posts: 2,957 ✭✭✭Gamesnash.ie: Pat


    It's a grey area that you find yourself in - the goods definitely are not of merchandable quality nor do they match the description etc. It's unreasonable to expect any customer to open their products before they leave the shop so it's therefore very reasonable that you would only find out when you got home etc. That said the store may be wary of this and argue the case that it was you who used it at which point your only recourse would be to file a case with the small claims court.

    I know it's a couple of days since you posted this so this advice is slightly late but in any circumstance like this the golden rule is to contact the store immediately and report the situation. If you're ringing them 1 hour after leaving there's more credibility in your story. That said as has already been stated return and ask to speak to the manager, explain what happened and see how it is received, this may have happened before and they may be accomodating.

    I've worked in places where returned items were mistakenly put on shelves, where thiefs swapped boxes out etc - it's probably not the first time the shop or manager will have come across it and doesn't sound as far fetched as you might think. :)


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    #7
    axer
    Registered Users Posts: 5,517 ✭✭✭axer


    Wow, Smashbox HD foundation? I thought that was some sort of new high definition gaming console.

    OP, all you can do is bring the shop and ask for a replacement. The problem is if they say no how do you prove the item was already used.


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    #8
    Toots
    Administrators, Business & Finance Moderators, Society & Culture Moderators Posts: 16,921 Admin ✭✭✭✭✭Toots


    Gamesnash.ie (Pat) wrote: »
    It's a grey area that you find yourself in - the goods definitely are not of merchandable quality nor do they match the description etc. It's unreasonable to expect any customer to open their products before they leave the shop so it's therefore very reasonable that you would only find out when you got home etc. That said the store may be wary of this and argue the case that it was you who used it at which point your only recourse would be to file a case with the small claims court.

    It is crappy that sometimes you have to check the product before you leave. If I'm buying makeup out of the chemist, I always check if it's opened or used before I leave, because all the products are out on the shelves, and you never know if someone might have decided to open it and test it.

    The only thing is a lot of the more high end makeup counters like smashbox, mac etc only have testers out, and the makeup the customers buy is kept in under the counters, and the staff bring whatever you are buying out to you. If this is the case with the MUFE counter in this instance, they might argue that there's no way that it could have been opened, seeing as it wasn't out until they sold it to you.


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