Will I Get A Full Refund?

keyaziz

I bought some prescription glasses online. 10 minutes later I cancelled this order. (I have emails to prove the exact time I ordered and the exact time I submitted a ticket to their support).

I bought these last monday (2.34pm) and emailed them as I said 10 minutes later to cancel. They do not have a telephone number so I couldn't call to make the cancellation (otherwise I would have).

They didn't reply for 2 days (and I think they only replied because I kept catching them out on facebook/other sites posting random crap instead of answering emails!) at which time they said that the order was being processed. They said I could have a partial refund but had to pay for the lenses that were made to my specifications.

I would like a full refund and wonder if I am entitled to it or will have to settle for a partial refund.

I read their terms and it says that you can cancel (but cancellations aren't guaranteed). It also says cancellation is taken from the date you sent the email. Of course because its custom I wouldn't be entitled to a refund IF the order had been made..but if I sent my email before production of the lenses occurred would I be entitled to a full refund? Would they have to prove that the lenses were processed before the date of my cancellation email? So basically I cancelled the same day so they would have to prove the lenses were made that day, if after then its not my fault? Or because its custom made I have no choice but to go with a partial refund?

They said they won't refund me in full, which I think is a little unfair as the only option is to email them to cancel which I did ten minutes after the order. I would be more accepting of this, if I had cancelled the day after.

I paid by credit card and was wondering if I talk to my bank about this, would I likely be able to get a full refund if they can't prove that they went into production before I cancelled? Or is the whole cancelling on the same day not going to work in my favour?

I would very much appreciate any feedback on this issue.

Thank you.

bris

The timescale of your cancellation is irrelevant, people don't just sit at computers all day waiting for your emails.

These things are mostly automated and sent directly to the manufacturer. Your cancellation email may not be looked at until some time later when someone from CS has time to get to yours, 10 minutes to you may be days to them.

Technically they are right the lenses are custom made so any refund is now subject to their T&C's, this is goodwill as they don't need to give you any refund at all so a full refund won't happen.

S75 won't work because they have done nothing wrong, the bank wont help.

keyaziz

Thanks for replying.

In their terms and conditions it states "Date of cancellation is taken from the date you sent the email" - does this not hold anything to it either?

What does one do then, if the company has chosen to ignore any further correspondence with you? The company has closed my ticket?

Also if I do get a partial refund am I entitled to have the lenses that I paid for sent to me?

Thanks for any help.

neilmcl

bris wrote: »

The timescale of your cancellation is irrelevant, people don't just sit at computers all day waiting for your emails.

These things are mostly automated and sent directly to the manufacturer. Your cancellation email may not be looked at until some time later when someone from CS has time to get to yours, 10 minutes to you may be days to them.

Technically they are right the lenses are custom made so any refund is now subject to their T&C's, this is goodwill as they don't need to give you any refund at all so a full refund won't happen.

S75 won't work because they have done nothing wrong, the bank wont help.

Sorry but in general terms the timescale of cancellation is all important. The OP's is obliged to send a cancellation in a durable medium, that's all. The fact that it may not reach the right person for days is irrelevant. The date the email was sent is the date of cancellation!

keyaziz

neilmcl wrote: »

Sorry but in general terms the timescale of cancellation is all important. The OP's is obliged to send a cancellation in a durable medium, that's all. The fact that it may not reach the right person for days is irrelevant. The date the email was sent is the date of cancellation!

So does this mean they would have to prove the lenses were made the same day I cancelled?

I also noticed on my order that the status of my order was never updated to "Lenses Ordered", it stayed at In Progress. It states that they update your order at all stages of the process so you know what is going on. So now I am inclined to believe that my lenses weren't really made. It says they update this information daily.

neilmcl

I don't think you can rely on that. It's the fact that custom-made lenses are excluded from DSRs is the reason why DSRs wont apply, not when your lenses are being made.

bod1467

But if OP has abided by the terms of the contract (regarding cancellation) then the seller must also abide by the same terms?

neilmcl

bod1467 wrote: »

But if OP has abided by the terms of the contract (regarding cancellation) then the seller must also abide by the same terms?

I was referring solely to the OP's rights under the DSRs.

bris

neilmcl wrote: »

Sorry but in general terms the timescale of cancellation is all important. The OP's is obliged to send a cancellation in a durable medium, that's all. The fact that it may not reach the right person for days is irrelevant. The date the email was sent is the date of cancellation!

The OP's rights are defined by their T&C's as it's not a DSR issue, their T&C's clearly state cancellation is not guaranteed, so the date of cancellation is irrelevant, they have covered that one.

keyaziz

bris wrote: »

The OP's rights are defined by their T&C's as it's not a DSR issue, their T&C's clearly state cancellation is not guaranteed, so the date of cancellation is irrelevant, they have covered that one.

I don't know whether this makes any difference...but I actually got it wrong what I wrote in my original post. On their contact us page it states you can cancel but it isn't guaranteed. On their T&C it doesn't say it isn't guaranteed.

Thanks for all the feedback.

arcon5

Can you link to their terms op ? Or post up exactly what is written ?