Living Social Voucher Issue

[Misstoddler]

I wonder if I have any case here against Living Social (voucher company) either under Sale of Goods Act or Trade Descriptions?

In December, I purchase a voucher for £139 for ayear's worth of IPL (pulse light treatment, akin to laser) for permanent hair removal on two chosen areas (eg bikini line and underarm).

Under the terms of the voucher, I had to make an appointment before the voucher expiry date of April 11th, I could ask for a refund within 7 days of voucher purchase and the only reason they would refund is if supplier went out of business.

Early January I called the supplier to discuss my first appointment. I mentioned that I was not a particularly hirsute person and was thus advised to leave the first appointment until as late as possible. Early April, I called to make an appointment and this was made for April 12th. Note I had fulfilled the requirement of making the appointment within the timeframe, the appointment itself (as confirmed by supplier) did not need to take place during that period.

I went to the salon for my appointment only to be told by the consultant/beautician that this treatment would never work on me. They said one had to be both dark-haired and have thick hair for it to work. I am blonde and as said, not over-hirsute. I was grateful for their honesty as going there for the proposed eight treatments over one year would have proved futile and would have been suffering pain in vain.

I contacted Living Social immediately to explain and requested a refund. They refuse to give me one. They claim the fact that the treatment was unsuitable was nothing to do with them and they position themselves as an advertiser of someone else's products and services, with no responsibility for those. I felt the fine print in the promotion should have included a warning that this treatment was not suited to all women and if in doubt, consult with the supplier before buying.

Can anyone provide a view on this?echnically of course I accepted Living Social's terms and conditions (only two causes for refund as above - one within 7 days and second if supplier goes bust). I suspect that does not override my rights as a consumer.

Views much appreciated! £139 was quite an investment. What is particularly annoying is that it is nothing to either the supplier of LS to refund as they have not spent time giving me the treatment and if they do not refund, one or both of them stand to benefit from my loss!

[bednobs]

from what you say i don't think you have any comeback

[chelle7272]

Unfortunately I would asy no, as you say it was in the T&C's. They would expect you to contact the supplier seperately prior to purchase regarding suitablility, as you would if you were going to buy direct.

[tinkerbell23]

I feel really sorry for you but i dont think theres much you can do either :0(

And you cant even sell on now can you? If its expired?

Thats rubbish :0( x

[ojread2]

5. Deal Specific Terms
Each Deal has specific terms associated with the Deal, which will be presented to you at the time you commit to purchase the particular Deal. Deal specific terms supersede any inconsistent terms in this Agreement, except to the extent such terms are prohibited by applicable law.

Did you really read the terms thoroughly?

http://www.livingsocial.com/terms
Read number 7

[Misstoddler]

well, I guess taking all your answers en masse, seems I would be wasting my time trying to get a refund. Guess I can give a phone call to the salon a try in case they are willing to offer alternative treatment to same voucher eg manicrues etc.

But your input has been really helpful. Actually though, reading the t & c more carefully wouldn't have helped because it would not have occurred to me that the treatment was suitable only for certain people......

[EDDIE51]

Not helpful now but it is widely known that laser light treatment is only suitable for dark hair as it absorbs the heat.They will just say you should have done your 'homework' before opting for this treatment

[R111SHB]

Hi there, did you finally manage to get your money back? I had a similar experience with them. I had purchased a driving experience from them which apparently was for a manual transmission but that was not listed. I have an automatics only license which did not allow me to use the deal and hence I "forced" them to refund me stating OFT, DSR and Sales of Goods Act. You would need to pursuade them.

[R111SHB]

You do deserve a refund on grounds of being mislead and inadequate information being provided and you should definitely seek it.