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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71135
Experience:  Over 5 years in practice
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Good Afternoon, My name is***** in July

Customer Question

Good Afternoon,
My name is***** in July I fell for a "Thank you" gift after answering questions about Sky Broadband. I received a box of face creams from a company called "Stemilogica" to which I paid £3.95 Postage and packing. There were no terms and conditions. I was then billed nearly £100 from my bank 2 weeks later. I then found out as I had opened the seal of the box, I could not return the product. To my dismay, I received another box early September, this time I did not open it, just the envelope which it arrived in. I wrote on the paper that I didnt require it and sent it back to the PO box in Milton Keynes with a paid for tracker on it, and asked for a full refund. The customer service informed me I had 30 days to return the product, unopened and the seal intact. I have done exactly as they requested. They mailed me and said i had tampered with the box and opened it and as such, they will not refund me, and as I havent opted out they have every right to send me the products and bill me.
Stemilogica are doing this to many people. They do not have transparent trading, its a scam and a very expensive one. At no time did I receive terms and conditions telling me I had to opt out. I dont rate the product. The bank transaction was taken by an account in Prague. The customer service number puts you through to an american call centre, and the returns is to a wrehouse in Milton Keynes.
They have offered me a gesture of good will of £30.00. I have asked them for proof the box was tampered with, and that as I followed their instructions to the letter, I want a full refund, as I believe that is my right. It appears Stemilogica refuse refunds on the grounds the box and products have been opened.
Please can you help?
Thank you
Heather M Brunt
Submitted: 2 years ago.
Category: Law
Jo C.
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Are you asking if you have a right to a refund ?
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Customer: replied 2 years ago.

Hello Jo.

Stemilogica say that as long as the product is returned within 30 days, unbroken and intact, a full refund is given.

They claim they "officially tested " the package and I have opened the package. As such, I get no refund.

I opened the envelope(jiffy bag), saw what it was and put it straight back in. Called the company and said I didnt require it, as I dont rate the product. They offered me the product for £40.00. I said no. I sent it back in the same bag with an envelope on the front with the PO box address on it the next day, via tracking with Royal Mail. Stemilogica now refuse to refund me as they claim, as they do with many it seems, I tampered with the box.
Expert:  Jo C. replied 2 years ago.
Ok.
So are you asking if you are entitled to a refund?
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Customer: replied 2 years ago.

Yes.
Expert:  Jo C. replied 2 years ago.
I presume you don't know their physical address in the UK?
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Customer: replied 2 years ago.

No Jo,its just a PO box in Milton Keynes.

PO Box 7574
Milton Keynes,
MK11 9GQ, United Kingdom
Expert:  Jo C. replied 2 years ago.
Thank you. Whether you are entitled to a refund or not depends. Clearly they offered is refunds under the contract and you can rely upon that but they say that the terms are not met because it was open. You deny that and it depends who is believed. The distance selling regulations would bind them to offer a refund but not if a product were damaged or if it is a perishable product which this may be depending upon the ingredients. The real issue here though is that to make things enforceable you will need a physical address in the UK. PO Box is not sufficient. The PO Box address doesn't actually mean they have an address in the UK at all. Without that you cannot issue against them. The place to start is to find out their physical address. If they are based abroad then, in theory, you could sue in the UK and then seek a European enforcement order but is not realistic for an amount of this sum. If that happens then the better option sadly is just to write the money off and change your account details so that they cannot get more. If they have any office in the UK at all then you can sue at the Small Claims Court and they won't contest this. You cannot always make reports to trading standards or to action frauds but whether that will achieve anything is another matter. Can I clarify anything for you? Jo
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Customer: replied 2 years ago.

Hello Jo,

Some people have received refunds after a huge amount of turmoil.

Its been through Ombudsman and fraud experts.

So many people have been duped by this company, its untrue.
Expert:  Jo C. replied 2 years ago.
Yes, there are some negative reviews about them on the Internet although that doesn't necessarily mean anything at all.
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