Chemist Direct - Refuse to offer refund!

I ordered some worm treatment for my puppy from chemist direct. By the time they delivered the item (2 weeks later) my puppy was now over the weight suitable for this product.

Chemist Direct have refused to refused to accept the item back claiming that "pharmaceuticals are exempt from the Distance Selling Regulations". This is shown is deep within the small print of their terms and conditions.

I think this is a disgrace and will not be buying from chemist direct again!
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Comments

  • meer53
    meer53 Posts: 10,217 Forumite
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    Oh dear, i'm sure they'll be really worried.
  • neilmcl
    neilmcl Posts: 19,460 Forumite
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    edited 9 August 2012 at 11:58AM
    OK, in the abscence of anyone actually answering the OP, there is nothing in the DSRs to exclude the return of this item, particularly if it remains sealed.
  • Buzby
    Buzby Posts: 8,275 Forumite
    edited 8 August 2012 at 10:05PM
    Sealed, surely?

    That said, medicines are explicitly exempt from DSR - a useful guide is here:

    http://www.onlineshoppingrights.co.uk/buying-personal-items-online.html
  • Guardsman
    Guardsman Posts: 991 Forumite
    edited 8 August 2012 at 10:12PM
    There is no reason why you cant use the medicine if the dog is over the prescribed weight.
    The weight guide is there so we don't give smaller dogs a harmful dose.
    I think the surest sign that intelligent life exists elsewhere in the universe is that none of it has tried to contact us.
  • Buzby wrote: »
    Sealed, surely?

    That said, medicines are explicitly exempt from DSR - a useful guide is here:

    http://www.onlineshoppingrights.co.uk/buying-personal-items-online.html

    That link does state "Consumers should bear in mind that medicines are exempt from the Distance Selling Regulations as there is no way of ensuring the integrity of the returned medicine.", but that webpage is simply a private page and one persons opinion.
    there is nothing in the DSR's themselves that states that medicines are exempt.

    The only part that may cover medicines is
    "goods which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly"
    and even that is open to debate as there is no reason why worming tablets would expire rapidly if they have been supplied with a reasonable shelf life.
  • sithmaster
    sithmaster Posts: 303 Forumite
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    ok i work in a pharmacy and yes a pharmacy can refuse to accept an item back once it has left the pharmacy due to strick pharmacy laws (sometimes good customer service to give refund depending on reason). Basicly a reurned item can not be re sold does not matter on the reason for return, Its due to if the item has been kept in the correct conditions and some (very few) low life like to tamper with medication hoping it will get to a member of the public. so all returned items are destroyed. If the pharmacy refunds the item they loose money and sometimes big time. the only way you are guarnteed to get a refund is if the item is faulty. However with the distance selling i can not really say
  • ok i work in a pharmacy and yes a pharmacy can refuse to accept an item back once it has left the pharmacy due to strick pharmacy laws

    As it would be a face to face sale , you can legally refuse to accept returns for any items that you sell (unless they are faulty), but online sellers don't generally have this right.

    Even if returned goods can't be resold as new, according to the OFT this is not a valid reason for refusing the return, but I do think that medicines (both human and animal ones) should be exempt from the DSR's because of the reasons that you mention about possible tampering or incorrect storage.

    The whole idea for the DSR's is to give consumers an opportunity to inspect goods to the same degree that they would be able to in a shop, and with items such as tablets, what is there to examine?
  • bris
    bris Posts: 10,548 Forumite
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    That link does state "Consumers should bear in mind that medicines are exempt from the Distance Selling Regulations as there is no way of ensuring the integrity of the returned medicine.", but that webpage is simply a private page and one persons opinion.
    there is nothing in the DSR's themselves that states that medicines are exempt.

    The only part that may cover medicines is

    and even that is open to debate as there is no reason why worming tablets would expire rapidly if they have been supplied with a reasonable shelf life.
    Considering it's a Barristers opinion I would think it will hold some weight.
  • custardy
    custardy Posts: 38,365 Forumite
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    sithmaster wrote: »
    ok i work in a pharmacy and yes a pharmacy can refuse to accept an item back once it has left the pharmacy due to strick pharmacy laws (sometimes good customer service to give refund depending on reason). Basicly a reurned item can not be re sold does not matter on the reason for return, Its due to if the item has been kept in the correct conditions and some (very few) low life like to tamper with medication hoping it will get to a member of the public. so all returned items are destroyed. If the pharmacy refunds the item they loose money and sometimes big time. the only way you are guarnteed to get a refund is if the item is faulty. However with the distance selling i can not really say

    But thats for human medicines. I doubt the same rules stand for vetrinary medicines?
  • sithmaster
    sithmaster Posts: 303 Forumite
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    custardy wrote: »
    But thats for human medicines. I doubt the same rules stand for vetrinary medicines?

    cant say as a standard but in my pharmacy it is they would be destroyed as per our sop's (standard operating procedures)
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