Broken in Transit

IainHa

Hi,

I bought a pair of sunglasses online and then sent them off to another online retailer to have the lenses changed to prescription. The second retailer emailed stating they could not fit my prescriptions to those frames and returned my payment and sent my glasses back. When the glasses were returned to me the frames were broken.

I have contaced them to request a refund or replacement but they have advised me to approach the original retailer as they were "obviously faulty", and that they bear no responsibility for the frames.

The sunglasses were under £100 and bought through a debit card so I have protection. Do I have any rights/options?

Thanks

Iain

Sandtree

Have you ascertained if they broke them whilst trying to fit lenses or if they broke in transit?

How long have you owned the sunglasses?

IainHa

They were bought on 31/03/22.

The company maintain they were broken in transit but I have my doubts.

Sandtree

IainHa said:

The company maintain they were broken in transit but I have my doubts.

if they arranged the transportation then its up to them to reimburse you, if you arranged it then its up to you to claim from the courier.

IainHa

They arranged the transportation but didn't send it recorded delivery.

Their T&Cs are: The goods will be at your risk from the time of delivery.You accept that reglazing your glasses is at your own risk. Reglaze My Spex accept no responsibility for any breakages that may occur. We will not be liable to you for any inconvenience, disappointment, indirect or consequential loss or damage arising out of any problem in relation to the goods and we shall have no liability to pay any money to you by way of compensation other than any refund we make under these conditions. This does not affect your statutory rights as a consumer.

We shall have no liability to you for any failure or delay in supply or delivery or for any damage or defect to goods supplied or delivered hereunder that is caused by any event or circumstance beyond our reasonable control (including, without limitation, strikes, lockouts and other industrial disputes.)

These terms and conditions do not affect your statutory rights as a consumer.

IainHa

Sandtree said:

IainHa said:

The company maintain they were broken in transit but I have my doubts.

if they arranged the transportation then its up to them to reimburse you, if you arranged it then its up to you to claim from the courier.

It there any legilation or consumer rights to back this up?

pinkshoes

IainHa said:

Sandtree said:

IainHa said:

The company maintain they were broken in transit but I have my doubts.

if they arranged the transportation then its up to them to reimburse you, if you arranged it then its up to you to claim from the courier.

It there any legilation or consumer rights to back this up?

Well if THEY booked the courier then THEY have the contract with the courier, so THEY need to claim.

If YOU booked the courier, then it's YOUR contract so YOU claim.

If they were "obviously faulty" then they need to issue you with a written report stating that the frames were faulty so they were unable to fit the frames in them because of this.

They are being a little sketchy and contradict themselves if you ask me. Either the frames were faulty and they couldn't fit the lenses (and broke whilst being fitted), or the frames got broken in transit in which case they are not faulty, but actually broken in transit (as per your second post). 

I would be writing to ask exactly what happened. 

Ergates

IainHa said:

They arranged the transportation but didn't send it recorded delivery.

Their T&Cs are: The goods will be at your risk from the time of delivery.You accept that reglazing your glasses is at your own risk. Reglaze My Spex accept no responsibility for any breakages that may occur. We will not be liable to you for any inconvenience, disappointment, indirect or consequential loss or damage arising out of any problem in relation to the goods and we shall have no liability to pay any money to you by way of compensation other than any refund we make under these conditions. This does not affect your statutory rights as a consumer.

We shall have no liability to you for any failure or delay in supply or delivery or for any damage or defect to goods supplied or delivered hereunder that is caused by any event or circumstance beyond our reasonable control (including, without limitation, strikes, lockouts and other industrial disputes.)

These terms and conditions do not affect your statutory rights as a consumer.

Given their T&C state that they don't accept responsibility for breakages whilst attempting to put the lenses in, it would seem a little unlikely that they'd lie about them having been broken in transit.  If they broke them whilst working on them they could just tell you that - having them being broken in transit actually complicates matters for them as now they have to chase that up with the courier.

IainHa

Good point, unfortunately the courier was the post office and they were not sent recorded delivery so there is no insurance affixed to the delivery.

PragmaticMoneySaver

IainHa said:

Good point, unfortunately the courier was the post office and they were not sent recorded delivery so there is no insurance affixed to the delivery.

That is their problem, not yours.  They were responsible for the safe custody and carriage of your goods.