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

superman909

stugib wrote: »

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.

Thanks for the info, again it was only when I cleaned them for the first time when I noticed, and I did explain this, but they still are going with the exchange. I know 100% I didn't scratch them for the reason that I wore them indoors for both days, never knocked them at all, and lay them down on a soft cloth mat when not using them, which wouldn't have caused a scratch since the scratch is on the upper half of the lens. Obviously I can't see the scratch when I wear the glasses, but for £250 :(:(:( you expect them to be perfect.

somethingcorporate

superman909 wrote: »

Shouldn't have I been made aware that it was exchange only?

No, why? It's up to you to understand your rights not for a company to educate you.

unholyangel

Warrick wrote: »

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.

Ah but under SOGA if you reject goods within a "reasonable" time, you ARE entitled to a full refund.

The problem is, it doesnt define what a "reasonable" time is. Reason for this is that it will vary depending on the product in question. For instance, you would be expected to find a fault in a pair of glasses much sooner than you would seasonal goods.

However, the consumer can request one remedy (repair/replace/refund) over another. The retailer can refuse this request if it is disproportionately costly. And obviously a full refund would be disproportionately costly. The only grounds the OP would have to argue is that is within a "reasonable" time.

IMO if they are everyday glasses then it is not within reasonable time.

bod1467

I had a niggle at the back of my mind that I had forgotten one aspect. Thanks for the reminder.

superman909

Thanks for the help guys, looks like I might give it another go, if not then a letter to the head office. So what would you say is a "reasonable time" in this case? A scratch on a lens is not expected of course, and is only obvious on close inspection..... Obviously not many people examine their glasses in the shop before purchase, so would you say one day rather than two days? Or even the same day? It's just very frustrating.

superman909

unholyangel wrote: »

Ah but under SOGA if you reject goods within a "reasonable" time, you ARE entitled to a full refund.

The problem is, it doesnt define what a "reasonable" time is. Reason for this is that it will vary depending on the product in question. For instance, you would be expected to find a fault in a pair of glasses much sooner than you would seasonal goods.

However, the consumer can request one remedy (repair/replace/refund) over another. The retailer can refuse this request if it is disproportionately costly. And obviously a full refund would be disproportionately costly. The only grounds the OP would have to argue is that is within a "reasonable" time.

IMO if they are everyday glasses then it is not within reasonable time.

Hi there, thanks for the help. Would you say if I returned them within the first few hours of having them then I would definitely have been entitled to a refund. This is so frustrating, I am having to send off a letter today to their head office. Thanks again.

Elle7

For glasses I would say two days seems too long. I expect all of my glasses in store - mainly to check the fit, but as the lenses are very clean when you first put them on, a scratch should have been very visible.

I think two days seems quite a while - that's at least 24 hours of usage, and it does make it more believable that they have been accidentally damaged.

I think Vision Express will offer a repair, but you'd have to fight for an exchange for another frame style or a refund - it's not like Vision Express can resell the glasses as they are your frame choice with your lense choice and requirements.

It'd be interesting to see how this one pans out!

unholyangel

superman909 wrote: »

Hi there, thanks for the help. Would you say if I returned them within the first few hours of having them then I would definitely have been entitled to a refund. This is so frustrating, I am having to send off a letter today to their head office. Thanks again.

If it were just reading glasses i'd have said a few days. Every day glasses i'd say a day. Maybe 2 at a absolute push.

Of course, i'm just one person and thats just my personal opinion other people may differ and it usually goes by what the "average" person would find "reasonable".

superman909

unholyangel wrote: »

If it were just reading glasses i'd have said a few days. Every day glasses i'd say a day. Maybe 2 at a absolute push.

Of course, i'm just one person and thats just my personal opinion other people may differ and it usually goes by what the "average" person would find "reasonable".

Hi there, so if it was in this "reasonable period of time" - maybe a few hours after purchase which seems fair looking back, would I have been entitled to a refund? Obviously 2 days does seem a bit long, though it is frustrating for me. So, I could have been certain for a refund if I took them right back within the first day which seems like a reasonable time? Or even if it was within this reasonable time period, could they have still gotten away with giving me a simple exchange? I do not see why a repair would be even be an option - I paid for new goods, £250 for a pair of glasses that need repaired right away doesn't seem right to me.

unholyangel

superman909 wrote: »

Hi there, so if it was in this "reasonable period of time" - maybe a few hours after purchase which seems fair looking back, would I have been entitled to a refund? Obviously 2 days does seem a bit long, though it is frustrating for me. So, I could have been certain for a refund if I took them right back within the first day which seems like a reasonable time? Or even if it was within this reasonable time period, could they have still gotten away with giving me a simple exchange? I do not see why a repair would be even be an option - I paid for new goods, £250 for a pair of glasses that need repaired right away doesn't seem right to me.

Well by law you're entitled to a full refund. Some retailers often think the law doesnt apply to them though and enforcing your rights can be easier said than done =/

This is a handy link for explaining the basics of SOGA
http://www.oft.gov.uk/business-advice/treating-customers-fairly/sogahome/sogaexplained/