How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Alex J. Your Own Question

Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3519
Experience:  Solicitors 2 years plus PQE
13113900
Type Your Law Question Here...
Alex J. is online now

I approached a Spectacle company (UK eyewear) online about

Customer Question

I approached a Spectacle company (UK eyewear) online about needing some specific Prescription Sports Glasses suitable for sub-zero temperatures. The ones that I was advised & went with ended up being not suitable at all as frame is wrong for my sport & glasses fog up in sub-zero temperatures. I play sledge hockey on an ice rink.
I did speak to "Mike" the optician at the company who said that he can do something with the lenses, but I also found that said company does stock a far more suitable pair of sports glasses. I sent an email acknowledging that the glasses are not suitable & a link to the far more suitable ones, also that I was ill-advised on the initial purchase. I received no acknowledgment back.
A further phone call, speaking to "Mike" again, he said that there are things that can be done to the glasses that I bought, even though I said that they actually do a far more suitable "Anti-fog" sports glasses.
I eventually sent my glasses (£143) back to the company, by Special Delivery, with a covering letter stating that, as per speaking to "Mike", what I would like the company to do & to get in touch with me. I have used "anti-fog wipes" on the lenses, but due to inadequate air around the glasses frame & eyes, moisture builds up & visibility is poor. The other more suitable glasses have a rubber frame between the eye & frame with air holes to allow ventilation & not over heat or freeze.
I waited near a week since the item was received to hear a reply, but I eventually phoned once again. Again, I spoke to "Mike" who eventually explained that due to my prescription, the suitable "fog-free" sports glasses would not be suitable for me, but they would adjust the non-suitable original first pair that I was ill-advised on. I told "mike" to put that on hold as I would like a full refund, & he said that he would inform his boss to get in touch with me. Unfortunately that person has not done so.
I have actually found another company who does the same "fog-free" prescription sports glasses & they have checked that my prescription is fully compatible.
The original company I feel, ill-advised me even though I explained fully what I needed them for & under what conditions.
I want a full refund for an ill-advised purchase that they want to just modify, although the frame is not suitable. I need these for my sport & training, and am fed up using my everyday prescription glasses.
Is the small claims court suitable?
D W Hankinson
Submitted: 2 years ago.
Category: Law
Expert:  Alex J. replied 2 years ago.
Hi,
Thank you for your question and welcome.
My name is ***** ***** I will assist you.
Did you pay for the glasses by Credit Card (not Debit)?
Kind regards
AJ
Customer: replied 2 years ago.

Debit Card. Do not have a credit card!

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
Was this purchase made within the last 4 weeks?
Kind regards
AJ
Customer: replied 2 years ago.

Ordered 1st July 2014 (Invoice 8664) £162.

Despatched 15th July 2014.

Got in touch 7th August 2014, by email.

A few phone calls, then final letter sent 26th August 2014.

I did get in touch with them as soon as I tried them at training & found problem.

They have a 30 day returns policy, so if that is from order or despatch I do not know!

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
Any returns policy will be 30 days from actual receipt of the goods.
The easiest way to deal with this would be to immediately contact your bank and see if you can claim a charge back on your debit card.
You are correct there is probably a county court claim here for breach of contract. I will draft a response explaining your contractual position. This will take a little while so please do not be concerned if you do not hear from me until tonight.
Thank you
Kind regards
AJ
Customer: replied 2 years ago.

I have found some of the wording on their website about returns & faulty goods is a bit ominous. But I believe that I was ill-advised & then expecting me to keep a frame that is no ideal for what I asked for!

Thankyou

Customer: replied 2 years ago.

The company is " UK Sports Eyewear".

I stand corrected.

DW Hankinson

Customer: replied 2 years ago.

I have a question.

On Uk Sports Eyewear website about returns, they say -

If you have changed your mind:Our "NO QUIBLE" guarantee means that you can buy with total confidence. If for any reason you are not happy with your purchase, you may return it to us in its original condition, within 30 days and we will refund you the price of the item. The eyewear must be returned to us, new and unused. You must use the original packaging to ensure its safe return. Please contact us before making any return to acquire a Returns Note Number (RTN) this is to ensure that once the goods have been received back at our warehouse they can be traced. Note we strictly adhere to the distant sellers act and our policy in no way affects your statutory rights. Refunds do not include postage and packing costs. Please note this policy does have some limitations and does not apply to resellers.

I had to use the sports glasses to find that they were inappropriate, where do I stand with this?

I have also contacted my bank & paperwork is on its way.

Many thanks

D W Hankinson

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
I have just received this additional information.
I am typing my response now, can you confirm did you at any point obtain your return number?
The bot***** *****ne is you relied on their expertise and they recommended to you a pair of glasses that were not fit for purpose. The fact that you had to use the glass to find this out should not affect your statutory rights under the Sale of Goods Act 1979.
I look forward to hearing from you.
Kind regards
AJ
Customer: replied 2 years ago.

I did not.

After I lastly spoke to "Mike" on the phone, who said that his boss would get back in touch with me. But this never materialised. I got fed up & posted said items back with a letter.

I did though, send the package by Special Delivery.

Posted - 26/08/2014 1602 hrs - AE303284358GB Cost £7.15

Received & signed for - 27/08/2014.

I bubble wrapped the glasses & outer packaging then put it all within a small shoe box.

I waited a week before getting back in touch with UK Sports eyewear, as no-one contacted me, even though as per my letter I provided both my email address & mobile number for them to contact me regarding this order.

I seemed to constantly be doing all the chasing around & UK Sports Eyewear never getting back in touch, even though they said they would.

Many thanks

D W Hankinson

ps - the frame is not suitable as lack of air flow, but they then try to offer "as a goodwill gesture" to add a "fog-free" coating on the lenses. I already use "fog-free" wipes & found them ok on my prescription everyday glasses (air-flow) but useless on the ones I was advised to buy (lack of air-flow).

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
I will summarise the position below:
1. The Law:
- When you purchase an item as a consumer you have statutory rights under the Sale of Goods Act 1979;
- These statutory rights include implied contractual terms;
- S.14 of the SOGA 1979 states that it is implied that goods purchased are of satisfactory quality and reasonably fit for their purpose.
2. The Facts
- In your circumstance we have an added inference that your glasses were actually recommended to you for this "anti fogging" purpose and winter sports;
- It is therefore implied that they are reasonably fit for this purpose;
- Upon using them you have found this not to be the case.
3. Remedy
- Normally the remedy for this would be to allow the seller to repair or replace the goods - under S.48 of SOGA
- In your circumstance you have the additional agreed contractual right of being able to return the goods within 30 days.
- If the seller does not honour this you have two options really:
(i) The cheap but longer option is to contact Trading Standards www.tradingstandards.gov.uk/ - they will take a long time but it is free and they can award you compensation;
(ii) Commence a money claim inline here https://www.moneyclaim.gov.uk/web/mcol/welcome
This will be time consuming and you wont be able to recover any compensation for the time spent.
On the basis you have returned the goods, if you can get a "Chargeback" from you back that really will be the most hassle free way to deal with this.
Kind regards
AJ
Alex J., Solicitor
Category: Law
Satisfied Customers: 3519
Experience: Solicitors 2 years plus PQE
Alex J. and other Law Specialists are ready to help you
Customer: replied 2 years ago.

As you put under Number 3 - Normally the remedy for this would be to allow the seller to repair of replace the goods - under S.48 of SOGA.


 


Uk Sports Eyewear are offering to put a "fog-free" lens coating on the original glasses, despite me saying that the airflow or lack of is the problem. He then quotes that people have used these glasses in the Himalayas, with no problems. A big difference from a contact sport on an ice rink, wearing helmet & getting sweaty head and brow!


 


The fact that I also stated to them, another of their products that was more suitable from the outset & I would pay the difference, to be eventually told that my prescription is not suitable for them & would have to stick to the original ones I was advised to buy.


 


Should I get back in touch with Uk Sports Eyewear by letter or phone again? Or do the paperwork from my bank on a refund?


 


Many thanks


 


D W Hankinson

Expert:  Alex J. replied 2 years ago.
Hi,

Thank you.

The Sports Eye Wear company offer a refund under their terms and conditions so it is worth pursuing them.

I would suggest you give them a deadline of say a week to refund you, otherwise make the application to the bank. There is a time limit on a charge back so you will need to check this with your bank. If they charge back does not work then you still have the claim against the the company.

Kind regards

AJ
Customer: replied 2 years ago.

I have just spoke to UK Sports Eyewear, "Mike" the Optician again.


 


His boss is out of the country, but he has agreed to do a credit for the glasses & goggle conversion kit that I returned, a sum of £143.


 


I know that this means that I will have to re-purchase something from this store, but at least I can get my sports glasses sorted out elsewhere.


 


He did say that they are aware of "Sledge Hockey" in the USA & that some of those people use their glasses. I asked if they used the "T Zone", which I was advised, but he could not give a definitive answer. The T Zone, as he said, was most suitable for my prescription.


 


Many thanks for your help & advice.


 


D W Hankinson

Expert:  Alex J. replied 2 years ago.
Hi,

Thank you.

No problem.

If you are happy with a credit, then that is good news, however this company's terms and conditions say that they will offer refunds, therefore if you want the money back it may be worth pushing for it.

I wish you the best of luck.

Kind regards]

AJ
Customer: replied 2 years ago.

They are funny about refunds, but if the Credit has a limit on when it needs used by then I can at least sort that out.


 


Funny how as soon as I mentioned legal advice, the tone of conversation changed!


 


 


Many Thanks


 


D W Hankinson

Expert:  Alex J. replied 2 years ago.
Hi,

No problem.

Please do not hesitate to contact me if you have any follow up questions.

Kind regards

AJ

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice
 
 
 

Related Law Questions