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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70416
Experience:  Over 5 years in practice
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I bought expensive Genifique Serum last year to take on a 5

Customer Question

I bought expensive Genifique Serum last year to take on a 5 month holiday. I was told for such a long period a large bottle would be the best. Whilst abroad after about 2 months the texture changed but I continued to use it. One day using the serum a bit of brown 'gunk' came out. I was horrified to see that there was some type of culture growing in the bottle. I followed there instruction and as it is a dropper do not have any idea how something could get in there etc.
When I returned to England in December I took the bottle to Boots where I bought it. They treated me as a fraudster. I was eventually was sent a letter saying they had the bottle thanks and they would send a replacement . I was furious as I wanted to know what I had been putting on my face. They then said it would be sent to get it tested. I have not heard anything since even though I was promised 10 - 12 wks.
Do I have some sort of case ?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

-Could you explain your situation a little more?

Customer: replied 3 years ago.

The serum is through a dropper and you put a drop on each morning. As it was expensive after every use I carefully replaced the dropper. The brown stuff grew in brown strings within the fluid at the bottom of the bottle.
When I took it to Boots they were very aggressive with me as though it was my fault. I was upset at the time as I wanted to know what I had been putting on my face it is said to go to genetic cell level. I left with a piece of scrap paper as a receipt. A week or so later I received a letter saying Boots had sent it to the supplier.


I called customer care who put me in touch with Lancôme Customer Affairs Dept the said they would send I replacement . I sais I wanted answers etc.They said it would take 10 -12 weeks . Still waiting

Expert:  Jo C. replied 3 years ago.
Did you suffer any injury?
Customer: replied 3 years ago.

I haven't suffered any injury. The problem is that every time I see a spot or a blotch on my face I keep thinking that it may be due to cell damage as written on the box it says it is genetic level. The main problem is the total disregard for me. I have had none of my question answered eg how did it happen, what is it , who else did it happen too and will it cause cell damage ie cancer

Expert:  Jo C. replied 3 years ago.

Thank you.

That is all I need to know. I need about 10 minutes to type out an answer if that's okay but I'm afraid that it's bad news.
Expert:  Jo C. replied 3 years ago.
Thank you.

I'm sorry and I wish I could say something else but unfortunately you have no case here.

They may very well have been negligent. Clearly the product contains faults and you have rights under the sale of goods act to either refund, replacement or repair although obviously a repair would be inappropriate and impossible here.

The difficulty that you face is that to claim against them in negligence you will have to show some form of loss. Thankfully you did not suffer personal injury.

Your complaint really here is that they created risk. Of course they did and it's understandable that you are annoyed about it but creating risk is not unlawful unless as a result of that risk somebody suffers loss.

That is not to say that you cannot complain to them and they may well offer you something in the interests of good business. However, if they dig their heels in and refused to make offers then suing would be a bad idea because you will lose for the reasons above.

Unfortunately, they are not a public body and so you cannot use a Freedom of information request to force them to give you the information that you seek. That is not to say that you couldn't sending a request. Many private companies will comply with that legislation even though it does not really apply to them but again if this came to litigation unfortunately they would succeed.

I'm very sorry but I have to give you truthful information.

Hope this helps. Please let me know if you need any more information.

Jo
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Expert:  Jo C. replied 3 years ago.

Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/