SpecSavers query

SCEA11

Hi Everyone

Does anybody have any thoughts on the following. Am I being unreasonable/unrealistic?
Cheers
SCEA11

Following letter was sent on 6/12 an reply received yesterday:


Dear Mr Hxxx,

Following recent contact with your store I would be grateful if you could look into the following matter and offer your consideration and thoughts:

In April 2010 I bought two complete sets of glasses from the Nxxxxxxt store. One set was thinned once and the other twice. Both had an anti-glare coating applied. The coating on one side of the former pair has started to degrade and gives a ‘foggy’ view when used. My prescription has not changed since I bought the glasses.

My general method of correcting my vision is to wear contact lenses which I typically do five or six times a week. On the days that I do wear glasses I rotate the use of each pair. I may also wear them for an hour in the evening after removing my contacts. I have only ever cleaned them using the lint-free cloths provided with the glasses.

When I contacted the store about this matter I spoke to Txx and was told that:

1) You have had problems previously with the coating applied to glasses.
2) However, as the glasses were over a year old you could not offer to replace them under guarantee.
3) As a goodwill gesture I would be offered 10% off the cost of having the glasses re-glazed.

After careful consideration I would like to formally reject this offer and would appreciate if the full cost is covered by the store.

Under the Sale of Goods Act 1979, The Sale and Supply of Goods to Consumers Regulations 2003 and The Limitations Act I believe I have the right to request that you meet the full cost because:

1) This specific set of glasses was inherently defective and not fit for purpose when sold:

• Both sets have been used for approximately the same amount of time yet only one lens on one set has started to deteriorate.

• Txx stated that you have had problems previously with the coating applied to the glasses.

2) The glasses have not lasted a reasonable amount of time:

• In terms of real-time use both sets of glasses have been used for less than a year each. I was told that the full cost would have been covered if it was within a year of purchase. However, there is no doubt that if I had only purchased the one set of glasses that have been affected and they had been my only form of vision correction then the coating would have broken down rapidly and certainly within twelve months, allowing me to have them re-glazed at no personal expense.

I look forward to receiving your reply in due course and appreciate your opinion on this matter.

Reply:

Dear Mr X,
Thank you for taking the time to write to me over concerns about your current spectacles.
All coatings are guaranteed for a two-year period but as you purchased your spectacles on 10/4/10 this guarantee has unfortunately expired.
As a gesture of goodwill I can offer to reglaze one pair for £40 or if you'd prefer to get the two for one offer I can give you one of the thinner lenses free of charge.

frugal_mike

Under the Sale of Goods Act the store is allowed to insist that you prove any fault is inherent if it is more than 6 months after purchase. You probably need an independent expert to assess the glasses and rule in your favour.

However even if you prove the glasses are inherently faulty you aren't entitled to a full refund. The store has to either repair, replace or refund. They get to pick the cheapest option to them, and any refund they give can be partial to account for usage. For example if it was deemed that 6 years was a reasonable life for the glasses then you would likely get back less than 50% in a refund.

I don't know how much your glasses cost, how long would be a reasonable life or how much of a saving the managers offer is to you so I'm not sure whether it is a good offer or not.

soolin

They know the coating they use has a limited life as it degrades. However they told me the life is expected to be 2 years, ie the exact time between recommended eye tests .
It makes no difference whether glasses are worn or not, you don't 'wear them out' by actually having them on.

I'd take their 10% offer and ask that in future the coating is not applied.