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VIC Australian Consumer Law - Refund on Faulty SpecSavers Glasses?

Discussion in 'Australian Consumer Law Forum' started by Peter Millar, 3 June 2015.

  1. Peter Millar

    Peter Millar Member

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    I had an eye test, and ordered and paid for some 3 pairs of glasses by credit card for over $300 in December 2013 at Specsavers. When they arrived a week later they were all blurry and I couldn't see out of them and the optometrist that did my test recommended that I wait till my diabetes was more stable.

    I was clearly sceptical at how my eyes could change so much in a week so I took his advice and I decided to wait a bit, but forgot to go back.

    I went back last week and was going to get new glasses and I had already paid from before but was told that it had been too long since I first purchased them, and so my money could not be used for replacement glasses or refunded, so they gave me the frames with the lenses I couldn't read with before and also now.

    On their website is this information:
    2 year quality guarantee**

    All of our frames and lenses are manufactured in accordance with exacting international standards and we believe them to be of the highest quality. If within 2 years of purchase, your glasses have any defects relating to material or production faults we will repair or replace them for you, free of charge.

    100% satisfaction guarantee
    We want you to be completely happy with your purchase at Specsavers Optometrists. If you have any concerns within three months of the date of your purchase we will put it right. No worries, no fuss.

    So does this mean that the 2 year guarantee is not valid (unless you organise it in the 3 month period)? I couldn't wear them then, and still can't so I felt I was forced to pay more for new glasses as I needed them. I paid for a service I really didn't receive, granted the time period is long but I'm still in the 2 year guarantee period.

    And the money I paid for the service I didn't get, can I ask for a refund under Australian Consumer Law?
     
  2. Sophea

    Sophea Well-Known Member

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    Hi Peter,

    Yes it is likely that you do have recourse under Australian Consumer Law if the glasses were faulty. In addition to honouring their 2 year guarantee on frames and lenses they are also subject to implied warranties under the Australian Consumer Law. This means that they must warrant that the glasses they sell you are fit for the purpose you require them and of merchantable quality. It appears that the issue here is not so much their quality but the fact that they are unfit for purpose - as you can't read with them.

    The only thing that may prevent you being able to recover under this warranty is if they can prove that your eyes were measured to have a specific visual deficiency and the glasses were made up correctly to suit that deficiency and have changed in the course of a week. This does sound unlikely and it would be difficult for them to prove.

    I suggest you take the following course of action.

    1. Read up on your rights here: Consumer guarantee - goods will be fit for purpose - Consumer Affairs Victoria
    2. Write to SpecSavers outlining why you think that they have failed to honour their own guarantee and have breached the implied consumer warranties under the Australian Consumer Law and that if they do not provide a full refund of your $300, then you will be taking them to Consumer Affairs VIC. I would also CC a copy of your letter to Consumer Affairs for added punch.
    3. If you do not receive a response within a reasonable time, refer the matter to Consumer Affairs and lodge a formal compliant.
     
    Peter Millar likes this.
  3. Peter Millar

    Peter Millar Member

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    thank you
     
  4. Peter Millar

    Peter Millar Member

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    I have new glasses and thank you. WELL DONE and keep up the good work.
     
  5. Sophea

    Sophea Well-Known Member

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    Thanks Peter : )
     
  6. William Stevens

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    I bought some frames, bifocal (interview) lens for $350 about 1 year and 2 weeks ago, and the arm just broke for no apparent reason. I did not sit on them or drop them. The optometrist's assistant said the glasses may be out of date (after a year?) and was pointing to the fact that the warranty was over. Is there any part of Consumer Law that says that certain items should last longer than a year? Maybe next time I'll go to Specsavers for the 2-year warranty! It looks like they are going to dodge the claim.
     

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