Advice needed - refund refused.

BIGEYE

I placed an online order on Sunday 10 July with a company called Glasses Experts to reglaze my prescription glasses. At the time of order I sent a copy of my prescription by uploading to their website. I paid for my order with Credit Card on the PayPal website.
I got a Paypal receipt number, but no order number on the confirmation. I never even received a confirmation email of my order.

On Tuesday 12 July, I sent an email to this company querying this and also requesting that the lenses I ordered be changed to the reaction type lenses (same price).

I received a reply that afternoon advising of an order number and that the lenses cannot be changed - no reason given. They also sent the address as to where I should send the galsses to be reglazed to.

I was disappointed that they said the lenses could not be changed, without even as much as a reason as to why. So I emailed them back asking to cancel my order and issue a full refund.

Today I received this reply

Thank you for your email. Unfortunately, we will not be able to cancel or change the order as we have placed an order for your lenses already. We will have your order processed and dispatched ASAP.

Their T&C reads:

7. Your Rights to Cancel this Contract
If this contract has been made between us by telephone or correspondence (including e-mail) without any face to face contact having occurred between us, then you will have a 7 day period from the date when the order is placed in which to cancel this contract. This right does not apply at any time after we have started to customise any materials (including manufacturing any goods) in accordance with your requirements or after we have started to perform any of the services (including installation).

I have not sent my glasses. What should I do now?

wealdroam

BIGEYE wrote: »

What should I do now?

Ask them if they have started work on your glasses.

Just because you have yet to send them your frames may not mean that work hasn't started.

BIGEYE

I have sent the following reply after your post:

Just thought I'd send reference to your T&C's:

7. Your Rights to Cancel this Contract
If this contract has been made between us by telephone or correspondence (including e-mail) without any face to face contact having occurred between us, then you will have a 7 day period from the date when the order is placed in which to cancel this contract. This right does not apply at any time after we have started to customise any materials (including manufacturing any goods) in accordance with your requirements or after we have started to perform any of the services (including installation).

As you have not actually started work on my glasses, and hadn't started work when I first requested you cancel the order, I am fully within my rights to request a refund. I am sure my CC company will agree.

BIGEYE

Receievd this reply today, can anyone advise on how best to progress this. Should I raise a dispute mith my CC company?

Thank you for your email. Unfortunately, we will not be able to cancel or change the order as we have placed an order for your lenses already. We will have your order processed and dispatched ASAP.

bludolph

I don't think you'd be successful raising a CC dispute. You fully authorised the charge, and the glasses company hasn't done anything wrong since they're fulfilling exactly what your ordered. You might have to just live and learn from this.

BIGEYE

I cancelled the order in good time in accordance with their T&C. They have not started work on my glasses as I haven't sent them. How can they order lenses when they haven't even seen the frames? The T&C states:

This right does not apply at any time after we have started to customise any materials (including manufacturing any goods) in accordance with your requirements or after we have started to perform any of the services (including installation).

bludolph

They consider ordering the materials to be a performance of service, because the lenses are customised to the specifications on the prescription you sent them. It sounds like they adjust lenses according to the prescription first, and shape them to fit the frames afterwards.

shaun_from_Africa

I cancelled the order in good time in accordance with their T&C. They have not started work on my glasses as I haven't sent them. How can they order lenses when they haven't even seen the frames?

They don't have to see your frames before ordering the lenses as these are supplied in a standard size and then cut to fit the frames by the opticians.

This right does not apply at any time after we have started to customise any materials (including manufacturing any goods)

By the time you tried to cancel, they may well have already asked the manufacturer to make or purchase the required lenses.
You will have a very hard

I am fully within my rights to request a refund. I am sure my CC company will agree.

You will have a very hard job to convince your card issuer of this, and as you paid via paypal, you don't have any rights under section 75 of the consumer credit act.

BIGEYE

Just received this correspondence.

Unfortunately, that policy does not apply on the customized goods. We can refund you the reglaze amount and you can pay for the lenses as we have received your lenses already.

arcon5

Seems fair to me? No?

BIGEYE

So I get a refund of £30 and lenses that aren't any use, well at least it is an offer. In light of the payment by Paypal, I will have to learn from this. I will be giving Glasses Experts a wide berth after this, as well as free advertising.