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Not allowed to exchange health products

abandonded
abandonded Posts: 308 Forumite
Part of the Furniture 100 Posts Combo Breaker
edited 31 October 2023 at 3:36PM in Consumer rights
Bought 4 deep heat patches at the weekend @ £2.50 each. Used the first one yesterday and it gave neither pain relief nor heat. A waste of £2.50. Used a second this morning with the same result. Back to the chemist with the remaining unopened 2 patches, explained the problem and asked if they could be exchanged for a Deep Heat aerosol spray. Also told the pharmacist that I had successfully used Deep Heat patches for years. Reply? “We are not allowed to exchange or refund  health products”. I didn’t argue but left the pharmacy because I did not know how the Consumers Rights Act stood on the return of unopened and unused  health products like the Deep Heat patches. Advice would be most welcome.
Abandoned

Comments

  • DullGreyGuy
    DullGreyGuy Posts: 18,613 Forumite
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    How did you buy them? Sounds like it was in store in which case your right of return will only be if the items are faulty. 

    In principle you could return the first two that haven't heated (wouldn't get into the much more subjective point of if they provided pain relief) and would be able to returning the remaining two if they too fail to operate correctly. Naturally proving a single use item didn't perform as it should is going to be difficult. 
  • user1977
    user1977 Posts: 17,958 Forumite
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    edited 31 October 2023 at 4:13PM
    If it didn't heat up then that suggests it was faulty - did you make clear that's why you were returning them? The fact something doesn't relieve your symptoms doesn't necessarily mean the product is faulty, so you may have confused matters by mentioning that as well.
  • Medications cannot be restocked. Once it gets returned to the pharmacy for whatever reason (even if still unopened and sealed) it has to be destroyed. If the pharmacy has made a mistake and issued you the wrong medication, they will have to exchange it for the correct item, nevertheless, the wrong item must be destroyed, with the pharmacy having to take the loss. 

    Whether this applies with the same strictness to other (non-medical) articles sold in a pharmacy (soap, shampoo or heat packs), I wouldn't know.       
  • sheramber
    sheramber Posts: 22,696 Forumite
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    user1977 said:
    If it didn't heat up then that suggests it was faulty - did you make clear that's why you were returning them? The fact something doesn't relieve your symptoms doesn't necessarily mean the product is faulty, so you may have confused matters by mentioning that as well.
    Only the two the OP had used were proved to be faulty but he was trying to return the unopened ones. They may not be faulty.

    presumably he could have returned the opened, faulty ones for a refund.
  • la531983
    la531983 Posts: 3,140 Forumite
    1,000 Posts Second Anniversary Name Dropper
    sheramber said:
    user1977 said:
    If it didn't heat up then that suggests it was faulty - did you make clear that's why you were returning them? The fact something doesn't relieve your symptoms doesn't necessarily mean the product is faulty, so you may have confused matters by mentioning that as well.
    Only the two the OP had used were proved to be faulty but he was trying to return the unopened ones. They may not be faulty.

    presumably he could have returned the opened, faulty ones for a refund.
    Surely it depends how they were packaged? I have never bought these before

  • user1977
    user1977 Posts: 17,958 Forumite
    10,000 Posts Seventh Anniversary Photogenic Name Dropper
    sheramber said:
    user1977 said:
    If it didn't heat up then that suggests it was faulty - did you make clear that's why you were returning them? The fact something doesn't relieve your symptoms doesn't necessarily mean the product is faulty, so you may have confused matters by mentioning that as well.
    Only the two the OP had used were proved to be faulty but he was trying to return the unopened ones. They may not be faulty.

    presumably he could have returned the opened, faulty ones for a refund.
    I was assuming a single packet but you're right, the OP suggests they were individual items. Though I think it still calls into question whether the whole batch is faulty.
  • abandonded
    abandonded Posts: 308 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    edited 31 October 2023 at 6:07PM
    The pharmacist stated that they cannot exchange or refund health products. My question really is does the consumer’s rights act support that claim if the products are unfit for purpose?
    ps They were bought singly £2.50 each, the 4 for £10.00
    Abandoned
  • user1977
    user1977 Posts: 17,958 Forumite
    10,000 Posts Seventh Anniversary Photogenic Name Dropper
    The pharmacist stated that they cannot exchange or refund health products. My question really is does the consumer’s rights act support that claim if the products are unfit for purpose?
    ps They were bought singly £2.50 each, the 4 for £10.00
    No, if they're faulty or not as described you have your normal rights to exchange/refund.
  • DullGreyGuy
    DullGreyGuy Posts: 18,613 Forumite
    10,000 Posts Second Anniversary Name Dropper
    user1977 said:
    The pharmacist stated that they cannot exchange or refund health products. My question really is does the consumer’s rights act support that claim if the products are unfit for purpose?
    ps They were bought singly £2.50 each, the 4 for £10.00
    No, if they're faulty or not as described you have your normal rights to exchange/refund.
    But as already stated, the return is the 2 used ones that have been proven to be faulty. The unused ones would be presumed to be correctly functioning until proven otherwise. 
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