Can I get a refund from Specsavers?

mi33cupc@ke

Hi all, I got some glasses a couple of weeks ago from Specsavers amounting to over £200. I then went for a free consultation for laser eye surgery with a different optician who gave me a much more comprehensive eye test (for obvious reasons). They measured my glasses to get an idea of my prescription only to tell me that Specsavers had gotten my prescription wrong in the left by a whopping -1.25. I have been back to Specsavers today and asked for a refund, however the Director told me that I was not entitled to a refund. I told him that I would go away and check my rights and that I would be back. I would like a full refund as I've been approved for laser surgery so will have no need for the glasses anyway.

Can I quote 'unfit for purpose' under the sale of goods act 1979? Could anyone tell me what rights I might have? I have tried to ring trading standards but they are closed until Monday and I want to go back tomorrow.

Thanks!

makapo

Why did you buy new glasses if you were considering laser surgery?

Refraction is not an exact science. You could have three tests from different opticians at different times on the same day and get three different results, though usually not different by as much as 1.25 diopters. But the error could be with the second optician as much as Specsavers -- and Specsavers can argue that since you didn't complain immediately, there's probably not much wrong with the glasses and (S'savers might argue) you only want to return them because you've decided on surgery.

mi33cupc@ke

I used to wear contact lenses and when I went for the eye test was told I had a condition called neovascularisation due to the contacts, so I had to opt for glasses (which I hate). A few days later I decided I wanted to go for Laser Eye Surgery as my eyesight is sooo bad and after looking into neovascularisation it is a recommended way to cure the condition. It is true, I do want a refund because I can have the surgery but surely that is by the by considering the glasses are useless in that they are the wrong prescription.

makapo

jools02 wrote: »

I used to wear contact lenses and when I went for the eye test was told I had a condition called neovascularisation due to the contacts, so I had to opt for glasses (which I hate). A few days later I decided I wanted to go for Laser Eye Surgery as my eyesight is sooo bad and after looking into neovascularisation it is a recommended way to cure the condition. It is true, I do want a refund because I can have the surgery but surely that is by the by considering the glasses are useless in that they are the wrong prescription.

It's proving that they're the wrong prescription that may be difficult. Frankly, if it was me I think I'd be more concerned about the neovascularisation. Have you been to your GP? They may refer you to a consultant.

pendulum

If SpecSavers have issued you the wrong glasses they are entitled to choose how they remedy the situation, it's up to them if they replace the glasses or refund, not you unfortunately.

mi33cupc@ke

But the sales of goods act states that the customer is entitled to a full refund if the item is unfit for purpose (which they are).

System

As Makapo said, you have to prove that the prescription is wrong in the first place.
As a spec wearer myself, I 'm pretty sure that an error of 1.25 is really noticeable and you would pick it up straight away.

Tozer

jools02 wrote: »

I would like a full refund as I've been approved for laser surgery so will have no need for the glasses anyway.

I find it really odd that you don't say that you would like a refund as the glasses are wrong. Only that you no longer need them. Are you trying to look for an excuse to get your money back?

makapo

jools02 wrote: »

But the sales of goods act states that the customer is entitled to a full refund if the item is unfit for purpose (which they are).

If a third, independent eye test (which would be paid for by SSavers) produced results which agreed with the lasik man's test, SSavers would have to either refund the cost of the lenses (and the eyetest), or replace the lenses. Their choice. They would probably offer to replace.

You want them to refund you for lenses plus frames. I don't think you can insist on that. But you could use the frames for a nice pair of sunglasses.

makapo

!!!!!! wrote: »

As Makapo said, you have to prove that the prescription is wrong in the first place.
As a spec wearer myself, I 'm pretty sure that an error of 1.25 is really noticeable and you would pick it up straight away.

Yes and if the OP had complained right away or within a day or two that the new glasses weren't right, SSavers would almost certainly have retested and remade them. Using them for 2 weeks suggests they were about right.

nedmundo

I don't believe that I've heard you complain about any actual problems seeing the the specs yet. If you can see with them clearly and comfortable, then I'm afraid that they are fit for purpose.

I assume that the laser clinic (being a professional outfit) gave you a copy of their findings. Perhaps Specsavers might like to take the opportunity to compare and demonstrate the difference. If the laser clinic prescription turns out to be wrong, alarm bells should be ringing!