do I have the same consumer rights

pinkykat · 5 March 2010 at 9:49AM

I wear contact lens gas perm. ones on Sunday when putting the solution on I heard a cracking sound and my lens had a triangle chip missing from it. My big fear was that I could of put this lens in my eye.
Went to vision express on the Monday morning and shown them the lens they said that I would have to pay upfront for another one which was £99 I said that it was clear that it was a fault with the lens I had only had them for 8 months.
They said that they would send the lens back to the manufacturer and if they say its a fault then I would not have to pay.
My problem is that they could quite easy say its not a fault with the lens and then I would have to pay for a new one. Really they have got me because I need my contact lens.
Do I have the same rights (not fit for the purpose intended)? What if any rights do I have other than paying out again for a new one.

bitemebankers · 5 March 2010 at 10:34AM

With something so easily damaged as a contact lens, I think you're going to to find it very hard to prove that the product was inherently faulty. I'd put it down to experience and perhaps look at getting some insurance.

neilmcl · 5 March 2010 at 10:44AM

bitemebankers wrote: »

With something so easily damaged as a contact lens, I think you're going to to find it very hard to prove that the product was inherently faulty. I'd put it down to experience and perhaps look at getting some insurance.

Gas permeable lenses are not that easily damaged, if you use them correctly. I've had a pair that have been in use for a good 7 years and are still in perfect condition.

OP, you have the same rights as any item under the Sale of Goods Act, unfortunately as it's been 8 months the onus will be up to you to prove that the lens was inherently faulty. If you can't do without a lens in the meantime then you'll have to pay for the replacement, tbh its always worthwhile having a spare pair anyway. If the manufacturer agrees that they are faulty then you'll have the option of getting your money back or getting a replacement and keeping the others as a spare. If they say it's down to misuse or accidental damage then you'll have to get an independant report to prove that they're wrong.

Who are the manufacturers btw?

geri1965_2 · 5 March 2010 at 11:10AM

That seems expensive to replace one lens. I pay £70/£80 per pair.

maninthestreet · 5 March 2010 at 11:21AM

Get daily disposable lenses - a fresh pair everyday, and no worries if you damage one.

neilmcl · 5 March 2010 at 11:41AM

There maybe a good reason why the OP uses gas permeable, their prescription maybe too high for any other type, incl disposables. Traditionally GP lenses will cost more, around the £150 per pair range but they do last a whole lot longer.

do I have the same consumer rights

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