Laser treatment - could I get a refund?

digitfrly

 Me and my partner purchased a course of 10 bikini laser hair removal treatments in October 2020 at the Therapie Clinic. At the time of booking we checked all the prerequisites to make sure we were eligible, especially given my partner has a large tattoo near the area. It seemed from all the advice online that she could proceed, but the area of the tattoo could not be treated which was fine as it was across the lower stomach. 

After purchasing the package we were prompted to fill in a questionnaire, at which time we declared my partners tattoo, it’s size & location and the fact we both tan regularly, after extensive research it seemed it was important to keep the area being treated out of the sun prior to and after treatment, fine. 

Fast forward another two lockdowns and work commitments, to July 2021, we booked in for our first session. We both filled in the questionnaire again 3 weeks ago when we booked the session. Between then and now we heard nothing from the clinic so assumed all was well. We’d both kept the area being treated free from all sun exposure for at least 6 weeks as recommended but were tanned elsewhere. 

Today we went for the first session and my partner was advised she could not proceed with any laser in that area due to the tattoo declared back when we first bought the sessions. I was also denied treatment as I had a tan on other areas of my body. I was told I had to avoid sun exposure everywhere throughout the treatment which is not what’s said on their website. I rang many other reputable clinics to see if they followed the same protocols, it seemed not and they all advised as long as the area being treated is not tanned then that is fine. 

My partner was forced to decide in the clinic whether she wanted to change her laser area to legs or armpits as “it wasn’t her fault that she had booked in for a treatment she couldn’t have”, but when she asked if she could think about it they said “no you must choose now while you’re here”.

I’m going to call their head office tomorrow to see if we can obtain a refund for my partner and ideally myself also. Do we have rights or a leg to stand on here? I feel we were mis-sold and then told misinformation about the treatment itself, they’ve even partially admitted responsibility. None of the information preventing us from going ahead is stated on their website. 

Sorry for the long post and strange topic! 

Any help is much appreciated. 

elsien

What do their terms and conditions say about alternatives if the planned treatment can’t go ahead? 

digitfrly

elsien said:

What do their terms and conditions say about alternatives if the planned treatment can’t go ahead? 

Nothing specifically about if the treatment can’t go ahead, just the following;

Refund Policy

Cancellations and Refunds

• Treatments/services are not transferable to other individuals or clinics
• We require at least 48 hours’ notice to be given for any appointment cancellation (See cancellation policy)
• In the case of pre-paid treatments, the full cost of treatment will be forfeited
• All items & purchases are non-refundable. This does not affect your statutory rights.

Prepaid Treatments

If you pre-pay for treatments in full you will avail of a discounted price. There is no refund on pre-pays and they are not transferable to other individuals, treatment areas or clinics.

PR1510

Hi,

I am having a similar problem with Therapie. I had purchased full body laser hair removal before I had been diagnosed with a medical condition. I have not used any sessions yet as I am unsuitable to undergo the laser hair removal and it is appalling they have offered credit or transfer of treatment. I am willing to wait 6 months to see if I will be suitable but if I am not I will make a loss because they are literally forcing me to consider using credit towards something else or transfer to someone else which I can’t. 

The guidance similarly has not been clear as on the health questionnaire it’s says I’m unsuitable, my GP says I’m unsuitable yet they sales staff have suggested it is possible provided my condition is controlled (I don’t see how they are medical experts!).

I wanted to know did you manage to come to a resolution with them and get your refund? I am considering doing chargeback, contacting consumer ombudsman or taking them to small claims court as it is a significant amount of money and if I do not qualify to use the treatment I purchased on medical grounds, surely they should just refund me my money. It’s not like they have incurred a loss because I have not actually had any treatments yet. I am the one losing out - surely this is an unfair contract? 

Any advice would be greatly appreciated! 

sheramber

PR1510 said:

Hi,

I am having a similar problem with Therapie. I had purchased full body laser hair removal before I had been diagnosed with a medical condition. I have not used any sessions yet as I am unsuitable to undergo the laser hair removal and it is appalling they have offered credit or transfer of treatment. I am willing to wait 6 months to see if I will be suitable but if I am not I will make a loss because they are literally forcing me to consider using credit towards something else or transfer to someone else which I can’t. 

The guidance similarly has not been clear as on the health questionnaire it’s says I’m unsuitable, my GP says I’m unsuitable yet they sales staff have suggested it is possible provided my condition is controlled (I don’t see how they are medical experts!).

I wanted to know did you manage to come to a resolution with them and get your refund? I am considering doing chargeback, contacting consumer ombudsman or taking them to small claims court as it is a significant amount of money and if I do not qualify to use the treatment I purchased on medical grounds, surely they should just refund me my money. It’s not like they have incurred a loss because I have not actually had any treatments yet. I am the one losing out - surely this is an unfair contract? 

Any advice would be greatly appreciated! 

The OP hasn't logged on since posting in July 21 so I doubt you will get a reply.

The guidance similarly has not been clear as on the health questionnaire it’s says I’m unsuitable, my GP says I’m unsuitable yet they sales staff have suggested it is possible provided my condition is controlled (I don’t see how they are medical experts!).

In view of the above why did you go ahead and book.

TELLIT01

Do you have anything showing the original t&c from the time you made the initial booking.  If you can show that they have changed to an extent which effectively prevents you having the treatment you booked you should be able to get a full refund. 

How easy or otherwise it is going to be to actually get the refund is another matter.

PR1510

Hi Sheramber,

Thanks for your message. I thought I would try with the OP but appreciate its a long shot! 

I haven’t actually booked any treatments yet. I had purchased the package and was booking my initial consultation before starting my treatment. They are basically suggesting I am suitable for treatment despite initially saying on the health questionnaire as I was scheduling my consultation that I am unsuitable and my GP has advised me the same. When purchasing the package it does not require you to complete a health questionnaire and I had not been diagnosed with the condition at the time of purchase either. As I have not started the treatments because I am medically unsuitable, should I not be given a refund as I have not actually used the service?

I am trying to find any information online about this type of contract but a lot of the advice seems to be around products or cancellation of services within the cooling off period. Can I take this to the consumer ombudsman as it feels like an unfair contract - selling a service then stating it’s not refundable even if you are not suitable for treatment?

I entered a contract on the basis I am suitable for treatment, if I am no longer suitable on medical grounds but the sales teams are blagging their way trying to tell me I am feels irresponsible and negligent as my skin will literally burn doing the laser hair removal. I have not started the treatment and they have not actually incurred a loss so unsure why they won’t offer the refund. It just seems very wrong and it is not small change - almost 2K. I may never be suitable for laser hair removal as a result of my condition so forcing me to have another treatment using the credit  (which I don’t want) is also really frustrating. Is there any legal grounds I can challenge them on? 

PR1510

TELLIT01 said:

Do you have anything showing the original t&c from the time you made the initial booking.  If you can show that they have changed to an extent which effectively prevents you having the treatment you booked you should be able to get a full refund. 

How easy or otherwise it is going to be to actually get the refund is another matter.

Hi Tellit01, 

Thanks for your message. Unfortunately, there is nothing about suitability on the refund policy - it just says prepaid packages are non refundable. So that means it doesn’t matter if you are suitable or not - we will keep your money. If I changed my mind about having the treatment I can understand not getting the refund as per their policy. But I have not changed my mind, I am not medically suitable to have the treatment so them offering me almost 2k credit to use on something else does not really help and feels like I am being robbed.  

eskbanker

If you're saying that you freely entered into a binding contract but were subsequently diagnosed with a condition which made you unsuitable for treatment, that doesn't in itself entitle you to a refund (or even credit) - it may not be your fault that you're no longer suitable but it's not theirs either.

PR1510

eskbanker said:

If you're saying that you freely entered into a binding contract but were subsequently diagnosed with a condition which made you unsuitable for treatment, that doesn't in itself entitle you to a refund (or even credit) - it may not be your fault that you're no longer suitable but it's not theirs either.

Hi Eskbanker,

Thanks for your message. I am not trying to apportion blame here, or suggest I’m entitled and I fully understand what I agreed to. I am not doing it either because I’ve changed my mind, I would absolutely love to have the treatments and in dire need but I am not suitable and I would expect them to put my safety first instead of having sales people imply I am - that too against a medical practitioners advice. It seems barking mad they have not stated anything about suitability within their contract for laser hair removal so basically anyone can buy a package, go to the initial consultation and may be told they are not suitable like the OP and not get their money back because they entered a contract - I’m intrigued to understand if that is a logical process or a fair contract? 

eskbanker

PR1510 said:
It seems barking mad they have not stated anything about suitability within their contract for laser hair removal so basically anyone can buy a package, go to the initial consultation and may be told they are not suitable like the OP and not get their money back because they entered a contract

But isn't the situation here that they're not telling you you're unsuitable, in that they're effectively disagreeing with your GP's view on that and asserting that the treatment can go ahead?

Having said that, even if they agreed that you were no longer suitable, it's still not clear to me that they'd be obliged to refund, from a consumer rights perspective, in a similar way to the fact that you don't get a refund of the cost of a flight if you turn up without a valid passport or visa and are denied boarding (not a perfect analogy!).