Nowadays, medicines are very expensive, and the mistake in their purchasing can seriously hit your pocket. However, an attempt to return the medicine may be interrupted by a pharmacy employee who knows for sure that the goods cannot be returned. However, the law on consumer protection also applies in the pharmacy direction, because in some cases you have the right to return the purchased drug. Find out how to do this and what to rely on, and what to change or return is strictly prohibited at the legislative level.
How is the protection of statutory rights of a buyer of medicines carried out?
The protection of consumer rights law, including all amendments made after the creation of the law, states that the consumer has the right to change or return pharmaceutical or medical goods. If the point of sale does not fulfill the conditions prescribed by law, it may be punished accordingly, as a result of which the seller company will incur losses. It is possible to argue the demand for a refund or exchange of the fact that in another pharmacy the price is lower or something else not critical, but there will not be a reaction, since this is not a reason for canceling the transaction.
What disadvantages of drugs can be?
- Expiration date.
- The presence of a marking defect, that is, there is no series, expiration date, or all together, on the product description directly on the package.
- The lack of instructions or the application is fundamentally different from the description of the drug on the package.
- The document describes one drug, in color, shape, taste and smell, but in fact it is another one.
- A packaging defect, including cracks, an already removed unit from the lid, and so on, all that violates the tightness of the storage of medicines.
- Lubricated labels on packaging and on individual packaging.
The disadvantage connected with the labeling is a good reason not only for the return and exchange of the purchased medicine, but also for the seizure of the entire batch and the administrative punishment of the manufacturer of the drug. Therefore, if you bought a product with such quality, immediately contact the pharmacy and tell us about the situation.
How to make a return of goods of inadequate quality without packaging?
The fact is that pharmaceutical products are included in the list of non-food products that cannot be changed or returned, subject to all quality marks. How protect your rights? Having noticed the problem, immediately go to the pharmacy to return the medicine, despite the fact that the return period is long enough. Also, the time associated with limiting the shelf life of the drug is regulated, that is, you can return the drug even after a year, if no one has taken it all this time, the packaging is closed, and the shelf life has not yet expired. If you bought a drug with an expired shelf life, a refund for low-quality goods can be carried out within 14 days. Provided that you have lost or forgotten a receipt, pharmacy employees should still accept the goods for refund, if they refuse, recall that the pharmacy should not refuse the buyer on the basis of the lack of a sales receipt.
Does the pharmacy still refuse to return?
You have two solutions: write a complaint or go to the court. In this case, it makes no difference whether you will write a claim before filing an application with a court or not. Nevertheless the claim is cheaper, so start with it. In the claim, be sure to write the details of the addressee, the company, its location, as well as your personal data: name, contact number, email. After that write what exactly does not suit you and that it does not meet the requirements of the law on consumer rights, certify the paper with your signature with the transcript and date.
Do not forget about the main requirement for a pharmacy – the return of money spent on the drug. Indicate in the application itself that if the claim is ignored, you will file a lawsuit in order to recover the money spent on the medicine. Attach photos of the packaging and medicine to the main document, as well as a list of the attached materials. To contact the company with a claim, print two copies of the document, transfer one of them to the point of sale and get the name, position, date and signature of the receiving party on the second copy. The time for a pharmacy to respond to a claim should not exceed 10 days after the transfer of the application. If the claim was left unanswered or the answer did not satisfy you, then file a lawsuit in a court where the seller company will act as the defendant.
Since the case is quite specific, find a lawyer who defends the rights of drug users, as a regular lawyer can use completely unsuitable rules of law to resolve the conflict. Do not worry that the court will cost more than the medicine, because if you are sure that you are right, and if the pharmacy does not prove that you are guilty of the spoiled medicine, the pharmacy will pay all your expenses for the court, but only after you win it. At the same time, during the trial there will be a need for an examination of the medicine, and therefore the medicine will need to be kept as it was at the time of purchase, otherwise the pharmacy may prove its innocence, and you will have to pay for the examination and legal costs. During the trial, the pharmacy may try to refuse to independently conduct an examination, record this fact, preferably on the video, and back it up with the help of a lawyer, since such a moment can positively affect the results of the proceedings. In order not to spend too much time choosing a court and the way to it, submit an application to the court, which is located at your place of residence, if you do not have registration, file an application to the court at the place of residence of the company or outlet. The collection of money from an unreliable company takes place immediately after the entry into force of the court decision.
Data protection at My Canadian Pharmacy
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- The transfer is necessary within the framework of the use of a certain service or for the provision of services to a user;
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- When processing personal data of users, the resource is guided by the Canadian Personal data law.