Tesco Opticians insisting I buy brand name contacts

Tranquilisis

I have recently placed an order with Tesco Opticians for contact lenses. I ordered monthly disposable lenses, but a cheaper brand then the ones I ordered before. The prescription and everything else about them is exactly the same. Surely not a problem?? Well.... they left a voicemail telling me they'd cancelled the order (I haven't recieved a refund or any notification that there is one being sent to me). To simply, I've copied my email to them:

Please can you tell me why you have cancelled this order? From what you told me on a short voicemail, it is because they are not the same brand as the ones I ordered last time. Regarding the base curve or whichever part you decided you didn’t like, you don’t sell contact lenses that precisely match my prescription, and the slight difference is the same on either brand. As far as I can tell, the only difference is the price and the fact that I have switched back to monthlies from the fortnightly prescription I tried ONCE. Both of those differences are a matter of my own preference, so I don’t see why you deemed it appropriate to cancel this order, particularly since it has already been charged. Please reinstate this order as soon as possible.

Here is their response:
[FONT=&quot] [/FONT] [FONT=&quot]Thank you for your e-mail.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Unfortunately we are not able to re-instate a cancelled order..[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Legislation states we can only supply lenses that your opticians have prescribed. When our verification team contacted your opticians they were informed that you current specification is for Johnson & Johnson Acuvue Advance and not B & L Purevision. Hence your order was cancelled. If you wish to change lenses then you would need to consult with your opticians.[/FONT]
[FONT=&quot] [/FONT]

I have NEVER been told which brand I should use and I've been wearing contact lenses for over ten years. My questions:

-Is it legal to 'prescibe' a particular brand and actively refuse to allow me to use another?
-How should I respond? Are there any legal terms I could copy-paste in to back me up?

Obviously I have no intention of buying from them again, but I'm worried they will make it difficult for me to order contact lenses from elsewhere and leaving me needing to get a new prescription at more cost.

I'd be grateful for your help

agrinnall

It would seem sensible for your first action to be to contact your optician (which is presumably not Tesco) and get them to confirm or deny what Tesco have told you about the lenses prescribed.

Tranquilisis

Tesco are the Optician I got the prescription from as well as where I made the order so I'm not sure I'll have much luck there, but I will see if I have time to do that tonight

bod1467

I would ask them to point out to you which legislation supports their stance, and which PART of that legislation they are relying on.

unholyangel

bod1467 wrote: »

I would ask them to point out to you which legislation supports their stance, and which PART of that legislation they are relying on.

http://www.legislation.gov.uk/uksi/opticians

General Optical Council regulations by the looks of things. Not sure which one exactly but several other opticians list these regulations as the reason why they can only fulfil contact orders to prescription.

Apparently by law, a prescription is required for any power lenses/lenses used to correct your vision. If its just appearance changing ones, they can do it without a prescription.

Tranquilisis

I know the law states that they have to be the correct prescription, but they are the same thing with a different brand name - the actual prescription for the lense correction, size etc is all exactly the same.

shaun_from_Africa

Have you considered buying from elsewhere?

I wear contact lenses and I get mine from here:
http://www.visiondirect.co.uk/page.php?xPage=indexAB201312.html&xHomePageAB201312=Y&utm_expid=212272-109.VFFPv8IJR2mLpA9X0zkNzg.1
No prescription required (you only have to click a box stating that the lenses you have ordered have been prescribed to you).

The ones I wear work out far cheaper than getting them from the high street. (B&L purevision are £42 for 6 pairs, but not knowing how much you were quoted by boots, I have no idea if this is cheap for this particular make).)

SuperHan

On a similar note, I had a prescription made by my doctor for a certain brand of contraceptive pill. The branding of the pill changed (but not any of the active ingredients... exactly the same pill with a new name), and my doctor wrote up the prescription in the new brand name.

I could not find a pharmacy who could fill my prescription as they were still shifting old stock and had not received deliveries in the new name, and despite knowing it was the same pill couldn't give me the old one as it was not named on my prescription.

I'm guessing that there will be similar issues at play here?

I think it's possible to buy contacts online at places like amazon, if you know what prescription you want though....

Tranquilisis

I have a mind to contact the other manufacturer and let them know that Tesco are refusing to sell them to me - maybe they'll listen to them haha

unholyangel

Tranquilisis wrote: »

I know the law states that they have to be the correct prescription, but they are the same thing with a different brand name - the actual prescription for the lense correction, size etc is all exactly the same.

They have this to say about it:

Do I need a specification in order to buy contact lenses? ● An in-date specification is required for all contact lenses that are designed to correct your eyesight (‘powered’ contact lenses). The supplier must either have the original specification before supplying lenses or must verify the specification with the practitioner who fitted your lenses.

What should my contact lens specification include? ● The specification should have all the information you need to buy contact lenses. It must include the lens measurements, power, material and/or brand and indicate the expiry date. It should give the date you are due for your next scheduled contact lens check-up. Your name, full details of the prescribing practitioner, his/her GOC registration number and the practice address must also be included.

If any optician fulfils it without a prescription and/or without checking your prescription, you may find they're not subject to UK law or are doing so illegally.


The above were taken from a leaflet provided by the british contact lens association and the general optical council.

bris

Tesco prescribed your lenses so must supply the exact lense, if you buy elsewhere they are taking you at your word that you are buying the ones prescribed to you, as Tesco prescribed the Johnson&Johnson lenses then they would become liable if anything went wrong with the other lenses.

You can easily go back and get the cheaper lenses prescribed to you but they have done nothing wrong.