Chemist Refused Replacement or Refund for Faulty Pharmaceuticals

drspy00 on 12/02/2015 - 22:06

Was prescribed a new medication and been using them since last week, its quite an expensive one.
Halfway through through the pack I noticed the medication was all broken up and unable to use it, without too much detail, the medication is individually wrapped for each dose so theres no way of seeing what it looks like inside.
I called the hotline on the pack, they were helpful and said it most likely got damaged in transit and to just go to the chemist for a replacement, they will contact them to arrange a reimbursement to the store. I got a reference number to give them. Walked all the way down to the chemist, I dont drive and was a hot day, the medication needs to be refrigerated so I had to change my plans to do it. The pharmacist said theres nothing they could do, but to talk to the shop assistant, she said she was not authorised to make a decision of a replacement and the person who was was away on holidays for a number of weeks. I made it clear I wasn't very happy, without being rude. The Pharmacist said the normal procedure is for them to be contacted by the manufacturer to arrange reimbursement and she was making it pretty difficult.

I tried to explain, and ask if consumer law is different if its pharmaceuticals, since this one is an over the counter one, with no prescription, she didn't seem to get what I was saying. But when you buy a faulty product, food or other, if its damaged most stores by law have to give you a refund or replacement and a simple apology. they refused to do anything and said theres nothing they can do after its left the store, So I jokingly said should I open the pack and try it now instore (only something that can be administered at home really) . I was forced to buy another pack and hope they also arent broken so left out of pocket.

Isnt there a law that I can show them they have to provide a replacement? Or is the law just different for pharmaceutical items?

General Discussion

Comments

  • [Deactivated] on 12/02/2015 - 23:49
    +1

    The pharmacist said theres nothing they could do, but to talk to the shop assistant, she said she was not authorised to make a decision of a replacement and the person who was was away on holidays for a number of weeks. I made it clear I wasn't very happy, without being rude. The Pharmacist said the normal procedure is for them to be contacted by the manufacturer to arrange reimbursement and she was making it pretty difficult.

    Sounds bizarre. I'd call them up from home another day (tomorrow or whenever) and ask to speak to the manager… act like it's an unrelated matter. See if you get the same 'person who is authorised to make a decision of a replacement is on holidays for a number of weeks' story.

    Was this an independent pharmacy? Or part of a franchise or chain? (if the latter - is there a head office you could contact?)

  • vikvance on 12/02/2015 - 23:55

    Info on consumer guarantees & rights to replacement can be found on this website:

    http://www.accc.gov.au/consumers/consumer-rights-guarantees/…

  • Avicii on 13/02/2015 - 00:44
    +5

    These things happen sometimes…If you came into my pharmacy, I would have given you a replacement pack no questions asked! Which pharmacy did you exactly walk into?

  • drspy00 on 13/02/2015 - 02:00

    Its a discount chemist chain. It was probably just a misunderstanding. I should have probably gone earlier in the day and I would have phoned the number there.

  • jzdhgkd on 13/02/2015 - 08:21
    +1

    I agree with Xubs. There'd be no questions asked in my pharmacy (although we're far from a discount chain.)

    We're required to accept the faulty medication, replace it with another lot and then chase it up with the manufacturer regardless of how much it might cost.

  • Malarkey on 13/02/2015 - 10:17
    -2

    So… This medicine goes up your butt?

  • SirFlibbled on 13/02/2015 - 12:19
    +1

    Under the ACL, it's the PHARMACISTS responsibility to replace the drugs, not the manufacturers.

  • drspy00 on 13/02/2015 - 13:18
    +1

    Called the hotline again and they said the procedure is you take the reference number and tell the chemist, they will be reimbursed but they probably should have given a replacement anyway. Its more on principle now im pursuing it.
    I now dont want a replacement because I bought another pack last night so they better give a refund. Its weird as I've never had to take a pharmacy item back before, and actually thought refunds and replacements would be easier as who would make up a story about an item like that, its not like I would actually like having an extra box lying around lol. and definitely couldn't sell them, its nothing addictive.

  • drspy00 on 14/02/2015 - 14:08

    I got it resolved with a different pharmacist on duty but might contact the head office of the chemist because No-one in the store had any idea what to do in regards to refunds or replacements and when I pointed out the law they just looked at me weird like I was making it up. They said the store policy usually is no refund or replacement after its left the store again, so probably worth pointing out the consumer laws to the company. Was actually surprised as its a good chemist. I'm sure im not the first person to take an item back, things happen sometimes in transit or manufacturing.

    • SirFlibbled on 14/02/2015 - 20:35
      +2

      Sometimes it's just shitty training.

      Recently bought a cheap crappy bike from Kmart. It was faulty (wheels were warped so the breaks didn't sit properly). The returns person said it was Kmart policy not to accept returns on bikes (which we had for less than 24 hours) and that we had to pay $70 to repair it.

      Got pretty heated with me quoting the Australian consume law at her and eventually she got the manager who gave us the refund immediately. It was clearly that the returns person hadn't been trained properly in this instance and someone who didn't know their rights would probably have paid the money.

      • [Deactivated] on 15/02/2015 - 09:25
        +2

        And it is the one person other than the manager that really should know the ACL inside and out.

        • WaywardOne on 15/02/2015 - 09:41

          I think it all depends on whether they believe you or not. A few months ago I returned a hair product to a Big W because it had been used. The staff member firmly believed that I myself had used the hair product and was refusing my refund. Her manager came to the rescue and gave me a full refund — basically because it didn't really matter if she believed me, she couldn't be 100% sure either way and so offered me the refund.

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