Sale of Goods Act and "free gifts"

welshdent

Hullmale wrote: »

I want to sit in front of the Judge prepared - I also know that a Judge will frown upon a professional dentist openly breaking the law as the Cosmetic Product Safety Regulations state that the max amount of hydrogen peroxide in home tooth whitening kits must not exceed 0.1% - mine was 10% (as tested and verified by the Trading Standards - even the General Dental Council (of which the Dentist is a member has a section on its website devoted to teeth whitening emphasizing the 0.1% max limit! I have an extremely strong case.

Actually trading standards have calmed down a bit on that and the company targeted have been allowed to sell whitening products again for IN surgery and they are in talks to get dentist prescribed home kits allowed again. http://www.dentalrepublic.co.uk/news/article/essex-trading-standards-allow-dental-directory-to-resume-selling-whitening-products

mo786uk

Woudln't this come under supply of goods and services act 1982?

goods provided by a service must comply with the same rules as the SOGA. If the produce provided is not safe then it will fall foul of the SOGA. The question of course is putting a value on the 'freebie' and obviously ascertaining whether it was free or part of the package.

paddyrg

You will not get £250. I imagine the best that'll happen is that the dentist will send someone down to Boots to get you a bottle of weaker stuff to replace the stuff you say is too strong. This would be 'replace' under 'repair, refund, replace', and is wholly acceptable unless they advertise that the free kit contains the 10% mixture!. I am not a dentist,, so don't understand the full ins and outs of the exact formulations of different compounds of h2o2 and their relative merits, so make sure you toal to the dentists trade body about whether the product you received was appropriate or not before you go to court over anything.

Hullmale

Thank you mo786UK - the Supply of Goods and Services Act is the avenue I am taking.

By the way - the product did contain 10% Hydrogen Peroxide - this was tested by the Trading Standards at their lab!

fluffnutter

A replacement item of similar value (but without the excessively high levels of bleach) *might* be appropriate. But why should you receive £250? You didn't pay this, you've not incurred losses to this value. You paid £1000 for a successful treatment (one assumes) that came with a free gift (of lesser value). The free gift is not fit for purpose and hence you're entitled to be put back in the same position as you were before. But seeing as you didn't pay out the £250... how can you expect it back?

Sounds all rather opportunistic to me...

Hullmale

This "free gift" was advertised as part of the package - and it actually said "worth £250" on the advert - hence the £250. This was the contract that was formed - tooth alignment for over £1,000 plus a tooth whitening kit "worth £250" - I would not have paid what I did if it did not include a tooth whitening kit worth £250 - that was part of the contract. However, I was actually supplied with an illegal product - therefore the product was not safe - hence I am entitled to a refund or replacement - a replacement would have to be of the same value - not less. However, I believe that I would have a right to reject a replacement from a dentist that I believe to have been negligent and not acted with due care under the Supply of Goods and Services Act 1982. Besides, the dentist has only offered me £100 despite several letters and a meeting and a complaint to the General Dental Council who do not want to get involved until Trading Standards have finished their own investigations.

Damages are for the inflammation that this illegal product caused to my gums as witnessed and confirmed by my own dentist.

Hullmale

fluffnutter wrote: »

A replacement item of similar value (but without the excessively high levels of bleach) *might* be appropriate. But why should you receive £250? You didn't pay this, you've not incurred losses to this value. You paid £1000 for a successful treatment (one assumes) that came with a free gift (of lesser value). The free gift is not fit for purpose and hence you're entitled to be put back in the same position as you were before. But seeing as you didn't pay out the £250... how can you expect it back?

Sounds all rather opportunistic to me...

I think if you or anyone was supplied with an illegal tooth whitening kit that inflamed your gums for over 2 months after using it only twice would also be as "opportunistic" as I am being.

wealdroam

OP, have you asked the dentist for your money back?

arcon5

Hullmale wrote: »

I think if you or anyone was supplied with an illegal tooth whitening kit that inflamed your gums for over 2 months after using it only twice would also be as "opportunistic" as I am being.

And you have only just decided to enlighten us all with this information...

Surely if that was the case you would have mentioned in in post #1........?

Have you tried to resolve this with the dentist?

fluffnutter

Hullmale wrote: »

I think if you or anyone was supplied with an illegal tooth whitening kit that inflamed your gums for over 2 months after using it only twice would also be as "opportunistic" as I am being.

You didn't say you'd used it and found problems with it. Why didn't you include this in your original post?

Claiming compensation for ill-health or damage or cost of new treatment is very different to wanting some money for something that cost nothing simply because you can't use it.

Perhaps you should tell us the full story and then we might be able to help.