Pharmacies flatly refuse to accept medicines and equipment already purchased from them. They refer to the fact that purchased medicines are not subject to return. A familiar situation!? Is this legal and whether it is possible to return medicines and medical equipment to the pharmacy - further in the article.
Consumer rights. What does Ukrainian legislation say?
According to the Law, the purchase of medicines is a regular retail purchase and sale agreement. Therefore, since this is an agreement with a buyer who is an individual, consumer rights protection guarantees apply, because the buyer is a consumer.
Thus, the buyer:
At the same time, there is an exact List of goods of proper quality that are not subject to exchange/return (Article 9 of the Law on Consumer Rights). Based on this, food products, medicines and products, sanitary hygiene items, and a number of non-food products are not subject to exchange/return.
With regard to medicines, these include active ingredients (substances), finished medicines (drugs, medicines, medicaments), homeopathic remedies, and those used to detect pathogens, medicinal cosmetics, and medicinal additives to food products.
Can I exchange/return medicines of inadequate quality?
According to the Law on Consumer Protection, if food products of inadequate quality were purchased, the seller is obliged to replace them with proper ones or refund the money. However, if the defects of the product were discovered within the expiration date.
So, when the purchased medicine turns out to be of poor quality, the buyer has every right to demand either to replace it with a medicine of proper quality, or to return the money. In this case, the consumer chooses the option himself. The exception is if the seller does not have the appropriate medicine.
Advertisements in pharmacies
The announcement in pharmacies about the impossibility of returning medicines only applies to cases where the purchased medicines are of proper quality. In such a case, the buyer has no right to either exchange or return the medicine.
However, these announcements do not apply to medicines that are of poor quality (e.g. expired). Therefore, they must either be replaced or refunded accordingly.
What is the situation with medical technology?
Medical equipment is a non-food product. The rules also apply here regarding the exchange of goods of proper quality, but only when the medical equipment is intended for personal, home or other non-commercial use.
When purchasing a mechanical blood pressure measuring device for use at home, you can exchange the device for a similar one within 14 days of receipt. The reasons vary - from the wrong size to the color.
If there is no similar product, you can purchase any other from the available range, taking into account the cost. Or as an option - terminate the contract and return the money. However, you can wait for the product. As soon as it appears on sale, the seller must notify the buyer.
The goods must be exchanged provided that the product appearance, consumer properties, seals, labels, and a payment document (check) are preserved.
If the medical equipment was purchased by a certain medical institution, that is, a legal entity, then according to the law, it is impossible to exchange the goods. In addition, if such medical equipment was purchased for commercial use, then the provisions of the Civil Code regarding the exchange of goods of proper quality will not apply in this case. Since this is not a retail sale agreement, but a supply agreement, it is regulated by another code - the Commercial Code.
Thus, the Consumer Protection Law applies only to individual buyers, as well as to the specific contract that was concluded.
What can't a consumer do? And what can they do?
Legislative regulation only applies to the sale of goods of inadequate quality. According to the Civil Code and the Consumer Protection Law, the buyer of goods of inadequate quality has the right, regardless of the possibility of using the goods for their intended purpose, to demand from the seller at his choice:
- proportionally reduce the cost of the product;
- eliminate defects in the goods free of charge within a reasonable time;
- reimburse the costs of eliminating defects in the goods.
If defects are found that cannot be eliminated due to lack of time, disproportionate costs, etc., the buyer may:
- to withdraw from the contract and demand a refund;
- demand replacement of the goods.
If the buyer of medical equipment is an individual, and this equipment is not intended for use in entrepreneurial activities, then the rights are determined only by special norms of the Civil Code of Ukraine.
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