How to ensure a refund with faulty specs - Vision Express

phil399

Hello everyone, yesterday I collected my £180 specs from Vision Express and immediately I noticed a scuff mark to the chrome effect logo on the frame AS WELL AS a scratch.to the lens (which admiitedly wasn't THAT BAD, but still shouldn't be tthere). Anyway I asked if they had an exact replacement frame and lens in stock
so they could replace them there and then, they said no, but could order them in and replace them within 2 or 3 days. However I wasn't happy with this as I live over 5 miles away and it's a lot of hassle to get there as I struggle to get free time this time of year. They offered to send them by courier but again I'd rather try these new frames on before confirming I'm happy with them, etc. So I simply said if that's the case could I please just have a refund. They said they don't have a returns policy and they have offered me some reasonable alternatives!!! The manager wasn't there so I couldn't discuss it with him, so I am going to phone them up today. Surely I can get a refund - they were faulty on collection!

Oliver14

All they have to offer is a repair, replacement or refund. It's up to them which one. If you had checked them before you paid you could have rejected them there.

They have offered you a replacement within a few days which is perfectly reasonable. They have also offered to courier them, at their cost to you. They seem to have bent over backwards to correct the problem.

Why do you assembly no longer need these glasses? You arte actually coming across pretty unreasonable.

phil399

Oliver14 wrote: »

All they have to offer is a repair, replacement or refund. It's up to them which one. If you had checked them before you paid you could have rejected them there.

They have offered you a replacement within a few days which is perfectly reasonable. They have also offered to courier them, at their cost to you. They seem to have bent over backwards to correct the problem.

Why do you assembly no longer need these glasses? You arte actually coming across pretty unreasonable.

Actually they ask for payment before collection of glasses. As I said, here is my point - I am not being unreasonable, I am simply not making yet another journey to collect this replacement pair. As with the courier, I may as well have just ordered them for cheaper online if I am going to get them in the post, they may well fit differently to the last pair, be faulty again or whatever. Plus I was not happy at all with the woman who served me - from choosing the glasses to collection yesterday dhe was very abrupt and serious - I am just not happy with the product and the service which is also what I pay for.

Browntoa

as the last reply , they are fulfilling their obligations by replacing

phil399

Browntoa wrote: »

as the last reply , they are fulfilling their obligations by replacing

Oh.... I always thought that a customer is entitled to a refund if they return an item faulty upon arrival within a reasonable period of time - immediately in my case .

texranger

phil399 wrote: »

Oh.... I always thought that a customer is entitled to a refund if they return an item faulty upon arrival within a reasonable period of time - immediately in my case .

No

All they have to offer is a repair, replacement or refund. It's up to them which one.

they have offered a replacement

Actually they ask for payment before collection of glasses.

they will always say that, when i get my glasses from them or anywhere i will always ask to inspect the glasses before i pay and as yet i have never been refused this. It is your statutory right to inspect before paying.

phil399

texranger wrote: »

No



they have offered a replacement



they will always say that, when i get my glasses from them or anywhere i will always ask to inspect the glasses before i pay and as yet i have never been refused this. It is your statutory right to inspect before paying.

Oh, thanks for letting me know, looks like I'll have to wait a few weeks until I'm in the area again, such a pain.

The_Pedant

I always thought that a customer is entitled to a refund if they return an item faulty upon arrival within a reasonable period of time

Tex, I'm interested why they would not be entitled to a refund. Within a reasonable period of time the buyer is normally perfectly entitled to reject any goods that do not conform to the expectations of the contract agreed. Is particular the frames and lenses would fail on 3 of the 5 cases that the SOGA explicitly specifies (section 14) with respect to quality and fitness for purpose:-
(a) fitness for all the purposes for which goods of the kind in question are commonly supplied,
(b) appearance and finish,
(c) freedom from minor defects

Indeed, the SOGA (section 35) goes on to state that:
(2) Where goods are delivered to the buyer, and he has not previously examined them, he is not deemed to have accepted them under subsection (1) above until he has had a reasonable opportunity of examining them for the purpose—
(a) of ascertaining whether they are in conformity with the contract ...

And so their insistence on payment up front means the buyer still has the right to reject in my opinion.

However, as to the appropriate remedy in such cases .... as the lenses may be custom made, it may be that a refund may be deemed to place disproportionate costs onto the seller compared to that of a repair (to replace the frames and remove the scratches from the lenses). However, a repair may only be appropriate if it does not place 'significant inconvenience' onto the buyer.

Therefore you may need to weigh up what may be considered 'convenient' in such a case (for example if you were without glasses presently I would probably suggest to them a quick fix & for them to be posted in a few days etc - so their 2 or 3 days may be ok ... especially if they could post them to you for the inconvenience).

texranger

The_Pedant wrote: »

Tex, I'm interested why they would not be entitled to a refund. Within a reasonable period of time the buyer is normally perfectly entitled to reject any goods that do not conform to the expectations of the contract agreed. Is particular the frames and lenses would fail on 3 of the 5 cases that the SOGA explicitly specifies (section 14) with respect to quality and fitness for purpose:-
(a) fitness for all the purposes for which goods of the kind in question are commonly supplied,
(b) appearance and finish,
(c) freedom from minor defects

Indeed, the SOGA (section 35) goes on to state that:
(2) Where goods are delivered to the buyer, and he has not previously examined them, he is not deemed to have accepted them under subsection (1) above until he has had a reasonable opportunity of examining them for the purpose—
(a) of ascertaining whether they are in conformity with the contract ...

And so their insistence on payment up front means the buyer still has the right to reject in my opinion.

However, as to the appropriate remedy in such cases .... as the lenses may be custom made, it may be that a refund may be deemed to place disproportionate costs onto the seller compared to that of a repair (to replace the frames and remove the scratches from the lenses). However, a repair may only be appropriate if it does not place 'significant inconvenience' onto the buyer.

Therefore you may need to weigh up what may be considered 'convenient' in such a case (for example if you were without glasses presently I would probably suggest to them a quick fix & for them to be posted in a few days etc - so their 2 or 3 days may be ok ... especially if they could post them to you for the inconvenience).

If goods are faulty under SOGA then a retailer

has to offer is a repair, replacement or refund. It's up to them which one.

NCISROCKS

texranger wrote: »

If goods are faulty under SOGA then a retailer

has to offer is a repair, replacement or refund. It's up to them which one.

As the OP has at no point accepted goods they are entitled to a refund.

superman909

NCISROCKS wrote: »

As the OP has at no point accepted goods they are entitled to a refund.

I was in a similar situation not so long ago, never got a refund from the guys in the store.

As OP returned the glasses within a reasonable time period (definitely seems like they did), are they definitely entitled to a refund, reckon a letter to Vision Express Head Office is in order?