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Nicola-mod, Moderator
Category: Law
Satisfied Customers: 21
Experience:  Moderator
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I had a course of 10 treatments for my face to help skin outbreaks

Customer Question

I had a course of 10 treatments for my face to help skin outbreaks and acne scarring a couple of years ago - approx £1,000 - it was quite successful. About 1 year later I returned to buy some products and was 'sold' the idea of trying another course of treatment to further improve my skin. I said I would repeat the same course - however, despite same venue, same staff - the company had changed hands/name - so treatments and equipment had 'slightly' changed. I was assured the new replacement / comparable treatment would be fine for me despite appearing much harsher (sort of sharp needle pin pricks onto skin to 'regenerate cells') I had to pay in advance - approx £1,000. for 4 treatments. After just one treatment - and a few weeks 'healing process - I lost all confidence as the outbreaks started again, old scars were now redder, and new thread veins had appeared on face. Upset, and frightened to continue of have anything more done to my face, I was very emotional when I met with therapist(the person who treated me had left). This lady was very sympathetic and understood completely, and promised to ask bosses to approve a refund for remaining treatments (£790). Several weeks later I chased this up and was told 'No refunds - I had to have a serious medical condition preventing me continuing treatment - but they would offer a credit note. I feel I am entitled to a refund - the treatment recommended by one staff member actually made me my skin worse - I am too wary of having anything more done to my face - do I have a case? I feel the description of the treatment did not work as expected or was not appropriate for my condition - ie 'not as described or expected' - (the Sale and Supply of Goods?? Do I have a right to a refund? )It sickens me that they take such large monies up front IN ADVANCE and i have no right of recourse - yet I am genuinely too afraid to have any further facial treatments ever again having become depressed and having lost confidence after this experience. Any advice welcome - as I am not sure that just because they state 'We do not give refunds' that is legal to do?? Many thanks in advance. K Long !!
Submitted: 4 years ago.
Category: Law
Expert:  Jo C. replied 4 years ago.

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

In order to give you an answer tailored to your circumstances, I will just need to ask you some preliminary questions so that I can consider your position from all angles.

What does the contract say exactly re refunds?
Customer: replied 4 years ago.

wording on website states -

Please note that we do not offer refunds on any treatment or product purchases. However, if you change your mind about your purchase within 14days, we are happy to exchange it for another treatment or product or offer you a credit note. This policy does not apply to products which have been used or opened. The only exception to this policy is a serious or long term illness, confirmed by a medical certificate

Expert:  Jo C. replied 4 years ago.
Thanks. Sorry for the delay. I lost my connection.

Can I presume that this could not have been within 14 days?
Customer: replied 4 years ago.
Hi- have to wait between treatments ..A few weeks but no pressure on how long as they have had the money up front anyway. They actually recommend 6 weeks between treatments on website...Destination Skin. Treatment is Dermaroller for skin imperfections. In addition to what I have told you, I wonder if I now may have medical supported reason for requesting a refund. Since early this year I have suffered awful headaches, undiagnosed as I do have chronic cervical spondylosis and thought I was just much worse and neck pain now extended to headaches as X-ray showed arthritis much worse in last two years. However, after feeling so bad I had cervical MRI and a referral by GP to Walton Centre to see Neurologist on 5th July and I have been diagnosed with Occipital Neuralgia. Have had nerve block injections and started with anti convulsants drugs normally prescribed for epilepsy - Gabapentin. I wonder if this medical Diagnosis would further help me get refund as major nerve damage \ irritation and consequential electric shock pain in head, eyes, base skull etc...last thing I should probably have is a Dermaroller with "thousands of microscopic needles rolled over face piercing skin causing pin prick bleeding and trauma" . I realise now why I have felt so awful over last months - a further reason why not returned for treatment or felt up to trying to fight this. Hope you can help. Thanks
Expert:  Jo C. replied 4 years ago.
That is bad news I'm afraid.

Obviously the cooling off rights that you had are lost now. There's no way around that.

What you describe does not amount to a serious or long term illness.

You could try to argue that of have lost faith in the treatment but its not that simple. They don't seem to have guaranteed success. It might be worth checking to see if they have. That would be useful to you if they have. If they have not though then they are not in breach.

If you have some evidence that the treatment is not of a proper standard then you could rely in the SGA. I'm not sure whether thats really what you are saying though. You seem to be saying that at the moment its not reacting particularly well to your skin? If thats right then it doesn't necessarily prove the product is faulty.

Under the SGA you only have rights if the product you have been sold is faulty or in some other way doesn't fit its description.

If you are saying there has been a major alternation in the treatment then you could try to argue thats not what you paid for and so you are not bound to complete.

Can I clarify anything for you?

Customer: replied 4 years ago.

Hi, I hear what you say about curent medical condition not being a case to argue - and seems I would have a fight on my hands to go any further and have probably lost £790 because the treatment hasn't suited my skin - but going back to what I said originally - I do not accept that my skin should be worse - i.e. more thread veins and more reddening of old scars - my word against theirs I guess. So easy for such services to just say 'no refunds' regardless of outcome. Seems very unethical - especially as I was a customer who had received a previous treatment and has spent lots on products. so I am where i thought I was and your advice has not really added much. Thanks anyway - just another £33 to add to my losses I guess



Expert:  Jo C. replied 4 years ago.
Yes, I'm very sorry.

All the best.
Expert:  Nicola-mod replied 4 years ago.

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