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Complaints procedures for
Pharmacies, Opticians and Other Medical Goods
| General
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When you buy goods
you enter into a contract with the retailer under The Sale of Goods
Act. This Act sets down the rights of the consumer versus the retailer
and together with some other Acts (Trade Descriptions for example) represent
your statutory rights. It is worth familiarising yourself with
your statutory rights (you can read about them in summary or in detail
through our Know Your Rights section).Here
are some basic guidelines:
- Your complaint should be made as soon as possible as it may become
more difficult to prove over time. However, you legally have up to 6 years
after which you cannot complain to a retailer. In the meantime your rights
to a refund may diminish but they do not disappear (although this obviously
depends on the goods in question).
- A retailer cannot refuse to refund obviously faulty goods and
so you should not accept a credit note if offered.
- You should try and provide some form of proof of purchase although
it need not be a receipt, a credit card statement for example, should
suffice.
- It is the retailer and not the manufacturer who is responsible
for the goods supplied.
- Although some retailers offer refunds you are not legally entitled
to a refund if you simply change your mind. However in this case you
could ask for an exchange or accept a credit note.
- If the goods cost more than £100 and you have bought the goods
using a credit card, you may have additional rights.
Plenty of links
to further information have been given below if you are unsure of the
procedures outlined here.
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| Step
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Local resolution
1: You should return the faulty goods as soon as possible to the retailer
who should offer to refund (if your complaint refers to guarantees, warranties
or buying on credit, read the advice leaflets listed below). If you agree
to have your goods repaired or replaced your statutory rights still apply.
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| Step
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Local resolution
2: If the complaint is about the pharmacist's
conduct, rather than services you received, you should contact The Royal
Pharmaceutical Society (RPS). The RPS is the professional body representing
pharmacists in the UK. The society regulates the conduct and fitness to
practice of its members, investigating all allegations involving matters
of professional misconduct (see links below). The Society also, through
a team of pharmacy inspectors, monitors and upholds standards in retail
pharmacy premises.
Complaints about non-NHS optical services should be made
to The Optical Consumer Complaints Service (OCCS) This is an independent
body that aims to settle complaints from members of the public who are
not satisfied with the optical services they receive from opticians not
provided under a NHS contract. A leaflet called 'OCCS: an introduction
to the Optical Consumer Complaints Service' is available from the (OCCS).
Their contact details are: OCCS,
PO Box 4685, London, SE1 6ZB Tel: 020 7261 1017.
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| Step
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Authorities:
In all cases, if the complaint is still unresolved then you can seek advice
from your local Trading Standards
Office or Citizens' Advice
Bureau. They will give you free advice and may take up your complaint
for you.
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| Step
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Court: Failing
all else you can still go to court to resolve your dispute. Details of
small claims court and other procedures are given in the Legal Section
of this site. You can also contact the Community Legal Service (justask.org.uk)
that gives access to free advice. Otherwise your local Citizens' Advice
Bureau will give you advice and will sometimes organise free legal representation
for you.
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If you are at all unsure
about any of these steps or would like further information please use the list
of Information links given below. If you click on the icon the relevant site will open a new window.
Links to Information
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Trading Standards
Advice leaflet: Buying Goods (England, Wale and NI) |
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Trading Standards
Advice leaflet: Buying Goods (Scotland) |
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Trading Standards
Advice leaflet: A guide to wise shopping |
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Trading Standards
Advice leaflet: Guarantees or Warranties |
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Trading Standards
Advice leaflet: Is the trader right? |
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Trading Standards
Advice leaflet: Your rights when buying on credit (England, Wales, Northern
Ireland) |
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Trading Standards
Advice leaflet: Your rights when buying on credit (Scotland) |
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A website
where you can find a trade association with contact details |
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Trading
Standards Central website offers a post code search facility to find your
local office. It also offers plenty of advice and leaflets on a whole variety
of trading standards issues. |
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The
National Association of Citizens' Advice Bureaux offers a post code search
facility to find your local office. |
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The National
Association of Citizens' Advice Bureaux Adviceguide website offers lots
of advice and information for consumers. |
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Government
Consumer Gateway website |
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The Office of Fair Trading website offers advice on a variety of general
consumer issues. |
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Community
Legal Service's Just Ask! website provides links to a wide variety of quality-checked
sites for more information. It is also home to the online version of the
CLS Directory, which provides details of over 10000 solicitors and advice
agencies |
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BBC's
Watchdog Web site provides advice on a large range if consumer issues. |
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