My rights on this item?
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Hi all,
Hope you are well
I purchased an item just under two weeks from an online pharmeceutical retailer . I ordered a foam version of this product which I have to use because the alternative liquid causes me great discomfort. Paid for the item etc etc but when I received an email confirmation, it was down for the liquid version which causes discomfort.
I called the company the next morning and was advised it would be noted. However, the item turned up a week later and was the item in liquid form I didn't want. I've since sent emails through their online contact form which haven't been replied to until I replied directly to the order email originally sent to me today. They are now saying that even though the items are sealed and have been unused (they can't be because I can't use them), nothing can be done because they are classed as medicines. Even though I Informed them before they dispatched the item. The 'medicine' is not custommade and is available from a number of retailers already prepared.
I've checked their returns page, which I googled and there is no specific mention of this. Also, it states
On occasions that an item maybe out of stock or discontinued, the management reserve the right to upgrade, refund or send a similar item. Our Customer Service Team will usually contact you to ask first.
I'm not asking for a refund - although I'll accept that if there is no alternative to receiving the appropriate item. I'm just asking for the right item to be sent and for me to use. But they're semingly saying I'm stuck with a product that I cannot medically use I paid by paypal - where do I stand with my rights?
Thanks in advance for your help.
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Well you could look into the Distance Selling Regulations and take it that way?
From PayPal's point of view if you open a not as described claim we're going to look at what you originally purchased versus what you received so if specifically orded the foam version and didn't receive it then this would be considered a valid claim. We'd provide you with their address to return it to and once it's been received back we'd issue a refund for the original payment.
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