Opticians not honoring offer - please advise!

ConsumerGuy0016

bod1467 wrote: »

Not necessarily, if the offers were dependent on price. (If they WERE then the "genuine mistake" angle holds more weight IF the OP decided to take court action and VE decided to defend).

The offer was dependent on price:

buy £149+ glasses and get £99 towards glasses or £59 towards contact lenses, or buy £249+ glasses and get £149 towards glasses or £99 towards contact lenses.

OP has established that the price of the glasses he purchased was £249+

The exact price has no relevance.

bod1467

ConsumerGuy0016 wrote: »

The offer was dependent on price:



OP has established that the price of the glasses he purchased was £249+

The exact price has no relevance.

Thanks for confirming. (I hadn't read back through the thread).

You are correct regarding the bold bit. That said, I don't think ND was asking for the exact price; just clarifying along the lines of my previous post.

znh

Nodding_Donkey wrote: »

How much were the first pair of glasses?

They were from the £249 + range. I paid around £239 after the employee put through the discount. The store were fully aware of what I paid - they put through the discount and said I could use the higher offer too.

znh

JethroUK wrote: »

Your contract was made and agreed by a member of staff - doesn't matter which member/s of staff as they all represent VE, and VE have to adhere to that "agreement" now - The manager can not visit poorly informed staff on you and over rule this agreement - the best the manager can do is just deny the agreement ever took place - my feeling is the manager is not only mis-informed about their sale promotions but also these terms of agreement

You should ignore the manager any more and get in touch with Customer Service Department

Tell them the story exactly as you laid out here (as the contract was made) and I feel confident that CS will find in your favour (more likely to beleive you than the manager + they may agree just for good customer relations) and award you the original offer



I agree completely

I was going to contact CS instead when speaking to the manager but then the manager mentioned. I'll wait to see what he says and if the offer isn't honored I'll contact CS.

What about the fact that it says the offer cannot be used with another discount in the terms and conditions but they still allowed both when paying? Like you said, I believe the store were mis informed about the offer but the manager kept mentioning the T&C when discussing the issue. Is their verbal agreement of allowing to use the higher offer enough?

znh

Country_Cousin wrote: »

When did you buy the initialnal set of glasses ? Just interested how long this has been on for now?

Around August/October. I wasn't told about a time limit of using the offer and was told I could come back. Once the manager retracted the offer when I visited the store in November, they rang me the next day and said as it had been a while since I got my glasses, I had to use the offer within a week, which is fair. So I went to buy contacts (the time the employee said I'd get the higher offer) but there was an issue with the prescription so I needed an assessment. I explained about the phone call and how I was told I needed to use the offer and he said not to worry as they know I'm using it towards contacts once the issue with my prescription is resolved. He actually said he'd make a note in their system - that there is an issue with my contacts and once it is sorted I'll be using the higher offer of £99 towards contacts, but apparently never did...

JethroUK

znh wrote: »

I was going to contact CS instead when speaking to the manager but then the manager mentioned. I'll wait to see what he says and if the offer isn't honored I'll contact CS.

What about the fact that it says the offer cannot be used with another discount in the terms and conditions but they still allowed both when paying? Like you said, I believe the store were mis informed about the offer but the manager kept mentioning the T&C when discussing the issue. Is their verbal agreement of allowing to use the higher offer enough?

It doesn't matter that T & Cs differ from what the sales person 'agreed' - it's the sales person you gave your money to (made the agreement with) - like i say the best the manager can do is to deny that agreement took place - verbal agreement is just a legally binding as written one albeit harder to evidence - but you have convinced me that you did make an agreement - and if you convinced me you will probably convince CS - of course they might just refund you, but i think it's better for everyone they just fulfil the agreement and then send out a circular to all staff reminding them of the special offer T & C when selling

nash1977

An agreement/contract can be voided if a mistake was made.

This still comes under goodwill and contacting CS is a good idea.

JethroUK

nash1977 wrote: »

An agreement/contract can be voided if a mistake was made.

Quite - but thats an admission of liability to which a party could have acrued damages (he spent money based SOLELY upon the agreement) - in this case maximum damages = full refund

znh

JethroUK wrote: »

It doesn't matter that T & Cs differ from what the sales person 'agreed' - it's the sales person you gave your money to (made the agreement with) - like i say the best the manager can do is to deny that agreement took place - verbal agreement is just a legally binding as written one albeit harder to evidence - but you have convinced me that you did make an agreement - and if you convinced me you will probably convince CS - of course they might just refund you, but i think it's better for everyone they just fulfil the agreement and then send out a circular to all staff reminding them of the special offer T & C when selling

Thank you for the explanation. I'll speak to the Regional Manager first as I am waiting for his call.

znh

Thank you to those who offered their advice. I spoke to the Regional Manager today who said I can have the offer which was promised to me. He was very understanding about it and will let store so know so there shouldn't be any more issues.