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Thread: cosmetic procedure what are my rights?

  1. #1
    God/dess jaizaine's Avatar
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    Default cosmetic procedure what are my rights?

    I have had 3 IPL (harmony laser) treatments so far costing me altogether almost $1K and I am not happy. I have another treatment which is supposed to be the last one in 4 weeks.

    Ok so here's what I am pissed off about...

    The reason i got the IPL was for pigmentation on my left cheek in particular and after the first treatment she told me that it would initially darken freckles and then they would "lift out" or something. I asked her if i definately wouldnt be left with darker looking freckles - under my eyes coz they werent even visible before the treatment and she assured me "no we wouldnt do that to you".

    well last time (third treatment) i said to her that the freckles under my eyes are very visible and she said "well we wont be able to get rid of the freckles completely"

    wtf????? i am so unhappy with this response. there were no noticable freckles under my eyes, now the laser darkened them and they are visible and she is basically saying i will be left with this!!!

    I signed a disclaimer before the initial treatment saying that results cant be promised etc so i dont know where that leaves me.

    i think there is a possibility that she has used the wrong type of laser on me and this is why it hasn't worked. i think my pigmentation was hormonal - caused by the pill coz I have not had much sun exposure so i dont think it's sun damage. in this case i think the harmony laser - from what i have read is not as effective on hormonal pigmentation.

    should i have the final treatment and see what happens? it's another $360 which i am not too fazed about but i am not sure what to do.

    i am not the most assertive person but i think i should complain to her when i have the appointment? what should i say?

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    Veteran Member heavenlyheidi's Avatar
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    Default Re: cosmetic procedure what are my rights?

    I have had laser and other treatments done and usually you sign some waiver saying that they arent responsible if its not effective.

    I would try talking to the place you are getting it first and explain that you are dissatisfied and see if they will be willing to work with you. You will have to be assertive, and they might be willing to refund you or try a different treatment.

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    Default Re: cosmetic procedure what are my rights?

    I'm currently getting IPL too. I was told that they could not remove freckles or tattoos.

    I would certainly talk to them and ask them why they told you it was treatable if it is not working. Did they know the freckles were hormonal? The laser has about 50 different strengths, it could be they are treating it differently than they should. How far apart have the treatments been? Maybe they aren't healing before they zap you again?



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    Featured Member flickad's Avatar
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    Default Re: cosmetic procedure what are my rights?

    I'm fairly sure indemnities aren't worth the paper they're written on with regard to the provision of goods and services. I heard my Contracts lecturer say something about how a provision in the Trade Practices Act nullifies them. So, I'm not sure that the fact that you signed a waiver actually protects them since statute obviously dominates contract. Perhaps you should inform them of this fact while also mentioning that you have legal training. They might offer to try and fix it for free. Failing that, go to Slater and Gordon for advice. The first consultation is free.

    P.S.- I've dug up the Trade Practices Act for you if you'd like to take a look:

    http://www.austlii.edu.au/au/legis/c...ct/tpa1974149/

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    God/dess Dottie Rebel's Avatar
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    Default Re: cosmetic procedure what are my rights?

    ^^^Yeah, those waivers are a bit of a formality/psychological tactic. You can sue and win for truly poor service, regardless of what type of release you've signed. A company cannot absolved itself of responsibility completely just by making you sign something.

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    God/dess jaizaine's Avatar
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    Default Re: cosmetic procedure what are my rights?

    Thanks Flickad I thought I remembered that from contract law too!

    I have had 3 treatments and the first 3 were only a month apart but this 4th treatment will be 6 weeks apart (in 4 more weeks).

    I am not 100% that its hormonal, Im just guessing coz I have always played it safe in the sun and coz I have been on the pill since i was 16 (im now 27).

    She definately initially told me that it would remove freckles and thats not even what i wanted it for - there were no visible freckles under my eyes until the treatment, i wanted the treatment to fix the pigmentation on my cheek and it has helped a bit tho not a lot. She also said it would fix the little spider veins on the side of my nose which it hasn't either.

    im so disappointed.

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    Featured Member flickad's Avatar
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    Default Re: cosmetic procedure what are my rights?

    Quote Originally Posted by jaizaine View Post
    Thanks Flickad I thought I remembered that from contract law too!

    I have had 3 treatments and the first 3 were only a month apart but this 4th treatment will be 6 weeks apart (in 4 more weeks).

    I am not 100% that its hormonal, Im just guessing coz I have always played it safe in the sun and coz I have been on the pill since i was 16 (im now 27).

    She definately initially told me that it would remove freckles and thats not even what i wanted it for - there were no visible freckles under my eyes until the treatment, i wanted the treatment to fix the pigmentation on my cheek and it has helped a bit tho not a lot. She also said it would fix the little spider veins on the side of my nose which it hasn't either.

    im so disappointed.
    Well, if the service hasn't done what they said it would, you probably have a remedy under the Trade Practices Act, assuming you want to take it as far as legal action.

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    God/dess Nautilus's Avatar
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    Default Re: cosmetic procedure what are my rights?

    it sounds very fishy that the very thing that people regularly use to lighten freckles just happens to have darkened yours.

    perhaps tomorrow you should do some research by phoning other reputable IPL clinics and fishing for information about it.

    it just doesn't add up that you had darkening. my friend had hers done and had fantastic results. keep sniffing around...

    it's a tough situation because on the one hand, they can't possibly guarantee a result for each individual, but that said, you have had the total opposite of what she said it would 'definitely' do. there is certainly a 'fitness for purpose' element to this.

    research. complain. try to get your money back. see someone else.

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    God/dess jaizaine's Avatar
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    Default Re: cosmetic procedure what are my rights?

    ^^^
    great advise. She did say it would initially darken the freckles and when i expressed concern she said that i definately would not be left with them.

    I am doing some research now to see what I can find out.

    the place i went to is very well-known and reputable and my mum went there to get her varicose veins treated, which is why i went there - thinking that i would get good results.

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    Default Re: cosmetic procedure what are my rights?

    while you're googling, look up adverse reactions for medications with IPL treatments just in case it's something you took.

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    Veteran Member modlgrl's Avatar
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    Default Re: cosmetic procedure what are my rights?

    You said in your first post that the lady (don't know if it's nurse or technician) told you that your freckles would darken, and that is what happened. Eventually, they should slough off. The laser pulls the pigment from your skin to the top gradually and will exfoliate. Here in the U.S. there are also treatments where the tech. can take a surgical blade to help slough off the skin (similar in theory to microderm) You must go through all of the treatments to lift the pigment through the skin. You can also use a razor to carefully shave your skin like guys do. The idea is to bring it to the surface and then slough it off. Lasers are becoming more advanced, so the newer the better.

    When I did the IPL, the package alternated sessions w/ microderm. My skin looks better, but never that bad to begin w/. From what I understand now, more mature skin benefits the most.

    FYI-Never to the treatment for cellulite- well not yet. I developed spider veins from it. It was expensive & I wish I could get my money back.

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