How to get a refund on prescription glasses from local opticians?

unholyangel

From consumer rights act (the old sale of goods act also have the same/similar provision):

(1)Every contract to supply goods is to be treated as including a term that the quality of the goods is satisfactory.

(4)The term mentioned in subsection (1) does not cover anything which makes the quality of the goods unsatisfactory—
(a)which is specifically drawn to the consumer’s attention before the contract is made,
(b)where the consumer examines the goods before the contract is made, which that examination ought to reveal, or
(c)in the case of a contract to supply goods by sample, which would have been apparent on a reasonable examination of the sample.

Of course, it may be covered by unfair trading regulations (about misleading practices) but that doesn't mean the goods don't conform to contract.


OP it really comes down to why they're wrong. Its complicated by the fact they've provided a service too - since with a service, there is no short term right to reject. Only the right to repeat performance (which they have offered) and then if that fails (or is impossible), then you have the final right to reject.

But that all rests on them actually being not of satisfactory quality/not matching their description/not being fit for purpose rather than personal preference.

Annielou

Unholyangel - what does that mean in layman's terms? can I demand a refund, or not really?

photome

Annielou wrote: »

So if there were some Aldi frames in the MK display and I bought them thinking they were MK would you say the same thing?

Yes I would, no one sold you them telling you they were MK frames. You picked them because you liked them, the name of the frame was on it.

Annielou

Unholyangel - re-read your answer and I think you are saying I have to just accept the swap. which means I end up paying £400 for something I wouldn't have paid for had I know the true picture. I will of course have to accept that if I really have to, although truly feel this is an area that is pretty much unfairly weighted AGAINST the consumer because its not until the product is given to you that you can voice any dissatisfaction, at which point they've got your money and can just say "tough". I thought those days were long gone

photome

Annielou wrote: »

Unholyangel - re-read your answer and I think you are saying I have to just accept the swap. which means I end up paying £400 for something I wouldn't have paid for had I know the true picture. I will of course have to accept that if I really have to, although truly feel this is an area that is pretty much unfairly weighted AGAINST the consumer because its not until the product is given to you that you can voice any dissatisfaction, at which point they've got your money and can just say "tough". I thought those days were long gone

They are not saying tough, they are going to change the lense

Annielou

photome - I looked at lots of designer frames and came back to the MK display specifically and only because I had an MK watch (shallow I know, but if you're spending that amount of money you might as well go for a brand you want). Picked them (without reading glasses as I was trying on lense-less frames and couldn't also wear reading glasses) and went away telling my friends I had chosen MK. I call that nothing less that misleading to the consumer.

Annielou

they are going to change the lense to the weaker lense, exactly like the old glasses I already owned. so for £400 they are offering to provide me with something exactly like I already owned

whitewing

Not quite the same, but my husband had problems with a new pair of prescription lenses and we worked out that the lens for the right eye had been put into the left eye's frame of the glasses and vice versa. It made him feel squiffy.

Is it possible that this has happened to you?

wealdroam

Annielou, let's do this one step at a time.

Are you really saying that the frames they have supplied are not those you chose?

Annielou

I am so grateful to everyone for their responses (whether I wanted to hear them or not!). I am thinking that the consensus is that I just have to lie down and take the hit, whether or not I want to or agree. and I will do that I guess. however I STILL think this is an unfair situation for consumers and might try the aggrinall argument with them before I finally wave the white flag