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Help with Legal side of Sale of Goods

My 76 year old grandma went to Direkt Optik in her local town in the hope of getting a good deal on a new pair of bi-focal glasses.

When she sat down with the sales consultant, she co-erced my gran to try varifocals (not had them before) as she said she could go back to bi-focals if she didn't like them. She's paid over £330 for the glasses

Well she didn't like them and three weeks later went back and asked to revert to bi-focals.

My grandma is now about £85 out of pocket as she has paid for varifocals (she didn't want) but has actually got bi-focals which is what she went to buy in the first place.

Does the Sale of Goods Act or any other act deal with this time of selling. My Nan is quite upset at being £85 out of pocket

I am hopping mad :mad: that companies use these sales tactics particularly on my elderly Gran

Thanks
Fruity
Pay all debts by Xmas 12 # 072 £1201.79/£15,105.68:eek:
2012 Frugal Living Challenge
Sealed Pot Challenge 5 #1711

Comments

  • 4743hudsonj
    4743hudsonj Posts: 3,298 Forumite
    fruityslh wrote: »
    My 76 year old grandma went to Direkt Optik in her local town in the hope of getting a good deal on a new pair of bi-focal glasses.

    When she sat down with the sales consultant, she co-erced my gran to try varifocals (not had them before) as she said she could go back to bi-focals if she didn't like them. She's paid over £330 for the glasses

    Well she didn't like them and three weeks later went back and asked to revert to bi-focals.

    My grandma is now about £85 out of pocket as she has paid for varifocals (she didn't want) but has actually got bi-focals which is what she went to buy in the first place.

    Does the Sale of Goods Act or any other act deal with this time of selling. My Nan is quite upset at being £85 out of pocket

    I am hopping mad :mad: that companies use these sales tactics particularly on my elderly Gran

    Thanks
    Fruity

    why is she out of pocket by £85?

    is there any T+C's to look at,

    and if she knows who told her she could change them you could go in with her and ask them for it to be sorted politely but it sounds like thats all you can do, they offered her a product and she accepted, it doesnt sound deceitful or anything just an elderly woman not fully understanding what she was buying maybe?
    Back by no demand whatsoever.
  • sporedude
    sporedude Posts: 1,563 Forumite
    No, You arent entitled to a refund/return if there is nothing wrong with them. And trying not to be mean, But I dont blame the company in this instance *hint*
  • fruityslh
    fruityslh Posts: 123 Forumite
    We've already been back to the shop and politely pointed out the fact that my gran didn't understand that by agreeing to try the varifocals (and subsequently unable to get on with them) she would have to pay for them even if she reverted back to bifocals.

    The shop has stated verbally the difference in price between bi-focals and vari-focals is £85.13, so what I am trying to say is that she has effectively paid £85.13 for a three week trial of something she didn't particularly want in the first place, but was persuaded by the consultant to try.

    It should have been made clear to her that if she didn't like the vari-focals then yes she could go back to bi-focals but she would be charged at vari-focal price. If it had been made clear, she would have been better placed to make an informed decision about trying vari-focals, and I believe she wouldn't have tried them had this been made clear to her.
    Pay all debts by Xmas 12 # 072 £1201.79/£15,105.68:eek:
    2012 Frugal Living Challenge
    Sealed Pot Challenge 5 #1711
  • 4743hudsonj
    4743hudsonj Posts: 3,298 Forumite
    fruityslh wrote: »
    We've already been back to the shop and politely pointed out the fact that my gran didn't understand that by agreeing to try the varifocals (and subsequently unable to get on with them) she would have to pay for them even if she reverted back to bifocals.

    The shop has stated verbally the difference in price between bi-focals and vari-focals is £85.13, so what I am trying to say is that she has effectively paid £85.13 for a three week trial of something she didn't particularly want in the first place, but was persuaded by the consultant to try.

    It should have been made clear to her that if she didn't like the vari-focals then yes she could go back to bi-focals but she would be charged at vari-focal price. If it had been made clear, she would have been better placed to make an informed decision about trying vari-focals, and I believe she wouldn't have tried them had this been made clear to her.

    well the problem is its her word against theirs and i know its terrible but most would believe the shop over an elderly person as they do easily get into those type of situation

    you should go back in and speak to the specific person and say you will contact trading standards if they dont refund the difference as at the time it wasnt made clear enough to her that she would not get the difference back

    they may be scared into doing it but even if you do contact ts i dont think theres much that can be done as its them against her

    no proof whatsoever.
    Back by no demand whatsoever.
  • hollydays
    hollydays Posts: 19,812 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 26 June 2009 at 7:59AM
    fruityslh wrote: »
    We've already been back to the shop and politely pointed out the fact that my gran didn't understand that by agreeing to try the varifocals (and subsequently unable to get on with them) she would have to pay for them even if she reverted back to bifocals.

    The shop has stated verbally the difference in price between bi-focals and vari-focals is £85.13, so what I am trying to say is that she has effectively paid £85.13 for a three week trial of something she didn't particularly want in the first place, but was persuaded by the consultant to try.

    It should have been made clear to her that if she didn't like the vari-focals then yes she could go back to bi-focals but she would be charged at vari-focal price. If it had been made clear, she would have been better placed to make an informed decision about trying vari-focals, and I believe she wouldn't have tried them had this been made clear to her.


    I think I would go back and speak to the Manager and suggest that perhaps the sales person was a little over enthusiastic in his sales methods.

    I would say to tell her she could change back, but failing to tell her she would be charged is being economical with the truth at best,and deceptive at worst. I would point out that no doubt the store is used to dealing with the elderly,so you are struggling to understand why they didn't feel it necessary to spell out the costs involved,as surely no reputable retailer would wish to withhold the facts from an elderly person.Surely this type of customer is exactlythe type who should be given clear accurate information.Why wasn't she?
  • fruityslh
    fruityslh Posts: 123 Forumite
    Update

    I wrote a letter to head office, they have agreed to refund the £83.13, they stand by their branch staff, but will take on board the comments raised. So thanks to hollydays for your excellent suggestions
    Pay all debts by Xmas 12 # 072 £1201.79/£15,105.68:eek:
    2012 Frugal Living Challenge
    Sealed Pot Challenge 5 #1711
  • hollydays
    hollydays Posts: 19,812 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    aaah..so nice they saw sense-top marks to them
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