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Am I entitled to a refund from Vision Express (faulty glasses)?

Hi there. To cut a long story short, I ordered in a pair of glasses through my local Vision Express branch, as they didn't have the frames I wanted in store. They fitted the lenses for me, and I noticed yesterday, a couple of days after purchase, that one lens has a large thin scratch across one side and also the nose piece of the frames is bent a little. I am never usually fussy, but I spent over £200 on these altogether, so I would expect them to be 100% perfect. Am I entitled to a refund as they only talk about an "exchange" which I would rather not do as I only want the same frames and don't want to risk this happening again, so am going elsewhere to buy them..... Surely if anything is faulty them I am entitled to a full refund?
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Comments

  • bod1467
    bod1467 Posts: 15,214 Forumite
    You're entitled to a repair, replacement or refund - but it is THEIR choice of remedy, not yours. (You can express a preference, but they don't have to accept this).
  • gregg1
    gregg1 Posts: 3,148 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    bod1467 wrote: »
    You're entitled to a repair, replacement or refund - but it is THEIR choice of remedy, not yours. (You can express a preference, but they don't have to accept this).


    I disagree - in this instance it is reasonable to have a refund and go elsewhere. OP - I would contact their head office.
  • gregg1 wrote: »
    I disagree - in this instance it is reasonable to have a refund and go elsewhere. OP - I would contact their head office.

    Hi there "gregg1", thanks for the quick reply. What are you basing this advice on, when you say "in this instance"? I thought maybe because the glasses are faulty, both lens and frame, then I would surely be entitiled to a refund. There was no info given to me before I purchased these to say I would only be entitled to an exchange?


    What could I tell them in store to sway them, as they are set on this "exchange" rubbish? Thanks in advance.
  • crazyguy
    crazyguy Posts: 5,495 Forumite
    503449.jpg
  • bod1467
    bod1467 Posts: 15,214 Forumite
    What I said was correct in respect of the Sales of Goods Act. The retailer CAN make the choice of remedy, and are perfectly within their rights to provide a replacement (exchange). I know it's not what you want, and going the Head Office route MAY get you there in the end, but this is the fact of the matter.

    gregg1 can disagree all he likes, but it doesn't change the facts. ;)
  • They could dig their heels in and argue that you damaged them since you bought them. The exchange may be the best you can get!
    Thinking critically since 1996....
  • Warrick
    Warrick Posts: 70 Forumite
    Bod1467 is correct.

    The shop has a right under the SOGAS Act to repair the item if they can do so within a reasonable timeframe. If they can't, then they can offer a replacement. If both of those fail, then you are entitled to a refund.
    A lot of shops will offer you a refund straight away, and this is why many people think you are entitled to a refund immediately if a product is faulty.
  • I would have noticed the damage right away not after 2 days.
  • stugib
    stugib Posts: 2,602 Forumite
    1,000 Posts Combo Breaker
    bod1467 wrote: »
    What I said was correct in respect of the Sales of Goods Act. The retailer CAN make the choice of remedy, and are perfectly within their rights to provide a replacement (exchange).

    gregg1 can disagree all he likes, but it doesn't change the facts. ;)

    In a way you're both right, it comes down to whether that couple of days would be deemed a reasonable time to inspect and reject the goods. If the OP has accepted them, then repair/replace, but if they haven't and they reject they can get a full refund.

    In this case I'd err on the side of they had been accepted. A scratch in a pair of glasses that's bad enough to reject them as faulty should be noticable in the first couple of days, and you're then into the arguments about whether the OP scratched them.
  • NCISROCKS wrote: »
    I would have noticed the damage right away not after 2 days.

    Yeah I should have noticed right away, but it was only when I came to cleaning them for the first time when I realised about the scratch. Plus I wore them for a couple of days and they seemed to be a little tight, so I was ready to take them to be adjusted when I also noticed that the right nose piece is faulty - bent to one side, whereas the let is perfectly in line with the lens.

    Shouldn't have I been made aware that it was exchange only? Seems a bit daft if you ask me - I don't have time to wait around to get some more, so I shop somewhere else where I can get them right away.
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