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A refund issue with Clinica Fiore clinic (maybe need law information?) watch

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    Hi everyone, I'm an international student studying at London and I'd really appreciate it if anyone can help me and give some advice here.

    11/02/2016
    I passed by a skin clinic named Clinica Fiore after class and went in. After a little consultation, the doctor in charge of my case, Marina, recommended me to do Dermaroller for several times.So I bought a Dermaroller package 4 FOR 5 costing £880.
    Simultaneously, they gave me 2 samples of their products and recommended me to buy a Vitamin C serum priced £45. So the receipt marked £925 in total but did not record which kind of service and product I bought.
    Simply showing "SALE - £925."
    At that day, I received the first service and signed a contract saying "service package is nonrefundable".

    The next 2-3 weeks
    I did my daily cleansing with the product they provided, but the redness from Dermaroller did not fade away in time. I finally realised it was a severe allergy nearly all around my face. Then I called them and booked for a further treatment.

    01/03/2016
    Marina and Carly witnessed my allergy at the reception. Marina treated me. I felt better but my face was still ugly,painful and itching. And She asked me to buy other products named Dermalogica at the selfridges &Co.

    02/03/2016
    The second treatment did not helped a lot,I had no choice but went to buy Dermalogica. I met two sellers of which,checking my face carefully and making a record about my allergy in their consumer documents.At that day I bought £90 product as recommended.

    After then
    Dermalogica cured my face. I regained the courage to show in public. Then I called Clinica Fiore saying I did not want to receive any treatment and wanted a refund. They refused.

    09/03/2016
    I went to talk with the Clinica Fiore staff including their boss and Marina. They claimed I had no reason to ask for a refund.
    Because:
    1) I signed a contract and agreed the service I bought is nonrefundable.
    2) There is no allergy in my face any more.
    3) They had helped me to cure my spots.
    The boss talked me in a sort of disrespectful manner.
    "Where is the allergy? Show me! Show me the evidence."
    "We are famous. We are busy. We even served very famous singers. We are not stealing your money. We are trying to help you. "
    "You can use the rest of money to enjoy any service at here. But there is no way to refund."

    10/03/2016
    I went to Clinica Fiore again, trying to beg them for a refund. I cannot help crying when talking with the boss at reception.
    "What are you doing? Do not cry."He replied,"I have run this clinic for 5 years. Everyone smiles here. You could frighten my consumers in this way. "
    Then he promised to call me back with a solution in 2 days.

    Two day after
    I did not receive any call from them.

    Here is the questions:
    1) Is there any way I can ask for a refund successfully?
    One single Dermaroller treatment prices£220. I have paid for £880. So I want a refund of £660.
    2) Can I ask for a further compensation of£90 with those Dermalogica products?

    All the money involved was paid by a Debit card of Natwest.

    Thanks a lot for your patience to browse this issue.
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    (Original post by Sansan Huang)
    At that day, I received the first service and signed a contract saying "service package is nonrefundable".
    Why then do you feel you are owed a refund on the service package?
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    (Original post by Reue)
    Why then do you feel you are owed a refund on the service package?
    I didn't expect to experience a severe allergy and think I am not suitable to this kind of service.
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    (Original post by Sansan Huang)
    I didn't expect to experience a severe allergy and think I am not suitable to this kind of service.
    Did the contract or terms anywhere make any mention of possible allergy etc?
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    (Original post by Reue)
    Did the contract or terms anywhere make any mention of possible allergy etc?
    No. And they insist the allergy is from their product. Dermaroller is no problem. But this accident disappoints me a lot and I don't want to do further treatment there.
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    (Original post by Sansan Huang)
    No. And they insist the allergy is from their product. Dermaroller is no problem. But this accident disappoints me a lot and I don't want to do further treatment there.
    I think you'll be unlikely to get a refund just because you don't want to continue the treatment even with a different product.

    You can take them to court, or try to reclaim the money from your debit card provider.
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    (Original post by Reue)
    I think you'll be unlikely to get a refund just because you don't want to continue the treatment even with a different product.

    You can take them to court, or try to reclaim the money from your debit card provider.
    Thanks for your advice!
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    I'm confused.
    What caused the allergy - the treatment or the serum?
    If you don't know, patch test and find out.
    If it's the serum, they should in good faith return that.

    If it's the treatment - you did sign saying it was non-refundable.
    In which case I'd take their offer and get an alternate treatment done.
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    Did you use a credit card?
    Do you have any evidence of this allergy? Photos and did you go and see your GP?

    You should go and see CAB or sometimes Uni law departmens run a supervised law clinic.
    https://www.citizensadvice.org.uk/co...onsumer-issue/
    Imo they will refuse to pay becayse they think they are covered and you are just a foreign student. They will want you to go away.

    You have a choice try and reclaim via credit card. CC companies tend to be more reasonable.
    You can also contact trading standards.
    http://www.tradingstandards.uk/advic...goods-sum9.cfm

    Finally you can decide if you wnat to try and sue them in the small claims court. Normally they give up once proceedings have started but some will fight. You need legal advice on the delivery of an unsuitable service, someone to read the terms and conditions and the effct of the non returnable deposit.
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    (Original post by 999tigger)
    Did you use a credit card?
    Do you have any evidence of this allergy? Photos and did you go and see your GP?

    You should go and see CAB or sometimes Uni law departmens run a supervised law clinic.
    https://www.citizensadvice.org.uk/co...onsumer-issue/
    Imo they will refuse to pay becayse they think they are covered and you are just a foreign student. They will want you to go away.

    You have a choice try and reclaim via credit card. CC companies tend to be more reasonable.
    You can also contact trading standards.
    http://www.tradingstandards.uk/advic...goods-sum9.cfm

    Finally you can decide if you wnat to try and sue them in the small claims court. Normally they give up once proceedings have started but some will fight. You need legal advice on the delivery of an unsuitable service, someone to read the terms and conditions and the effct of the non returnable deposit.
    Sorry for the delay respond. Thank you! Thank you so much you kindhearted. These would be very helpful.
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    (Original post by Sansan Huang)
    Sorry for the delay respond. Thank you! Thank you so much you kindhearted. These would be very helpful.
    The consumer rights act 2015 governs the supply of services.

    The clinic has to provide your service with reasonable skill and care. S49.
    It may be arguable that the fact they didnt check whether you were alergic to their product meant they did not exercise reasonable skill and care.

    If you used your credit card then tell the credit card company they are in breach of this.

    If this happens they have an opportunity to put this right (bit where this is not possible) you might argue you dont believe they can put it right or dont trust them, then you have a right to a refund S56.
    http://www.legislation.gov.uk/ukpga/...ion/56/enacted

    They cannot exclude this because it is statute and that is more importnat than what the terms of the contract are in situations between a business and consumer. Talk to Trading standards and CAB point out my answer to them.
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    (Original post by 999tigger)
    The consumer rights act 2015 governs the supply of services.

    The clinic has to provide your service with reasonable skill and care. S49.
    It may be arguable that the fact they didnt check whether you were alergic to their product meant they did not exercise reasonable skill and care.

    If you used your credit card then tell the credit card company they are in breach of this.

    If this happens they have an opportunity to put this right (bit where this is not possible) you might argue you dont believe they can put it right or dont trust them, then you have a right to a refund S56.
    http://www.legislation.gov.uk/ukpga/...ion/56/enacted

    They cannot exclude this because it is statute and that is more importnat than what the terms of the contract are in situations between a business and consumer. Talk to Trading standards and CAB point out my answer to them.
    OK. I will take these points to a law professor in the student service room of my school tomorrow. Since I used a Debit card to pay, the card provider said they cannot exercise a chargeback service. I may have to go to court. But with the help of you (and other people) I feel much much better to face this issue. I wish you all good life!
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    (Original post by Sansan Huang)
    OK. I will take these points to a law professor in the student service room of my school tomorrow. Since I used a Debit card to pay, the card provider said they cannot exercise a chargeback service. I may have to go to court. But with the help of you (and other people) I feel much much better to face this issue. I wish you all good life!
    Go and talk to the one that does consumer law, if they give you the time they may help you. They might not though.

    As you used a devit card they cna use chargeback

    heres the link for chargeback and credit cards.
    http://www.moneysavingexpert.com/sho...ard-chargeback

    If your tutor is happy they havent used reasonable skill and care ( on the basis they should have tested for you being allergic), then I would say they were in breach of s55. Your tutor will know.

    I would then argue its impossible to repair as they dont have anything they know will work hence refund. Your professor will know.

    Find out from a law student who runs the consumer course and if they law students run a law problem surgery./clinic.

    If you sue the salon then it just means writing them a letter and they may cave in as they dont wnat to go to court. they will hide behind the non refundable, but your counter argument is that they cbnat exclude the Consumer rights Act vecayse its statute law and takes precedence. its more important.
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    (Original post by 999tigger)
    Go and talk to the one that does consumer law, if they give you the time they may help you. They might not though.

    As you used a devit card they cna use chargeback

    heres the link for chargeback and credit cards.
    http://www.moneysavingexpert.com/sho...ard-chargeback

    If your tutor is happy they havent used reasonable skill and care ( on the basis they should have tested for you being allergic), then I would say they were in breach of s55. Your tutor will know.

    I would then argue its impossible to repair as they dont have anything they know will work hence refund. Your professor will know.

    Find out from a law student who runs the consumer course and if they law students run a law problem surgery./clinic.

    If you sue the salon then it just means writing them a letter and they may cave in as they dont wnat to go to court. they will hide behind the non refundable, but your counter argument is that they cbnat exclude the Consumer rights Act vecayse its statute law and takes precedence. its more important.
    Looks like I should go to the bank again and argue they could provide a chargeback service to me as it also includes Debit card.

    I have never sued someone and dont know that they could refuse to attend the court. According to the link you mention, I also see an alternative of the financial Ombudsman service.

    Anyway, I've got several actions to do tomorrow with your important and precious help.
    hope the justice will protect me and everyone!
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    (Original post by Sansan Huang)
    Looks like I should go to the bank again and argue they could provide a chargeback service to me as it also includes Debit card.

    I have never sued someone and dont know that they could refuse to attend the court. According to the link you mention, I also see an alternative of the financial Ombudsman service.

    Anyway, I've got several actions to do tomorrow with your important and precious help.
    hope the justice will protect me and everyone!
    You cna try and use chargeback. banks arent often familar with the proper rules

    There is a template letter on the previous link. It needs to read for unsatisfactory services.
    .
    and another link explaining chargeback. remember its at the card providers discretion so they can refuse you.
    http://www.choose.net/money/guide/fe...astercard.html

    The ombudsmen is only used when you exhaust all other options.

    1. try chargeback. if you need to write the letter then get a freined to help you if need be.
    2. contact CAB
    3,.contact trading standards.
    4. If you wnat to go down the consumer rights route you need to raise the issues I indicated with either a lecturer or soemone you cna get legal advice from. Either 2 or 3 can help. The issue is did they use reasonable skill and care?? theres probably a case which covers and answers this. If they did then you need to decide if failure to use skill and care required entitles you to a refund or do they ahve a right to put it right.

    A lecturer would know because there would be case law. You cna argue you are entitled to a refund becayse its impossible for them to carry out the procedure without you being allergic. i would also reclaim the money you spent on the prodyct o get rid of the irritation.

    Once you have the information you them write the salon a letter. you will need help with that to make sure it states your case. get help from Cab or any stydent friend or the lecturer to write a letter before action. It gives them 14 days to pay up.

    If they dont then sue them.
 
 
 
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