Advice re: Tesco Opticians

[chizzleface]

Hi all,

 

I have a problem with Tesco Opticians regarding a purchase that I made a couple of months ago for prescription sunglasses. As you may be aware, Tesco do not make the lenses for their glasses on site, instead having them sent from an off-site location.

 

When I ordered my BOGOF prescription sunglasses, I specifically and directly said to the assistant that I wanted normal tints in one set, and reactions lenses in the second pair. Having gone through the details and paid for this order, I went away looking forward to receiving my two pairs of sunglasses. However, when I received them I was unhappy to find that one pair had been sent without tints as requested.

 

When I mentioned this, the assistant shoved the paperwork in my face that apparently proved that I did not ask for tints, because I had signed it. However, had I known that I wouldn't be getting what I requested, I told them that I would not have signed anything until I received the goods. At this point I was effectively told it was tough, and I wouldn't be getting a refund. I asked to speak to the manager, and was told she wasn't available and she would call me the same day. No phone call.

 

A week later I received a scruffy letter from the outlet manager, not even on letter headed paper, not even formatted correctly and couldn't even get my name correct, basically saying the same thing and refusing a refund.

 

I then made a complaint to Tesco Optician head office, and once again received no phone call as I requested - a month later, I received another letter, this time from their head office once again saying the same thing - that because I had signed some form this proved that I had agreed to what I was expecting to receive irrespective of what actually arrived.

 

My question is this - under the Sale Of Goods Act, do I have any basis for a refund owing to receiving goods not as I expected when I ordered them? Can distance selling regulations be used given that the sunglasses were being made off-site, even if I ordered them in-store?

 

The lack of any positive action from Tesco Opticians has been extremely frustrating, and I am basically left feeling like it is my fault that I did not get what I wanted.

 

Finally, anyone else wanting to use Tesco Opticians, I would advise them not to do so - if you do, do not sign anything that does not have a legal contract aspect, and do not pay for your goods until you receive them.

 

Thanks for any help you can give!

 

Ste

[Conniff]

How did you pay for them cf ?

[chizzleface]

Debit card, so Section 75 can't help me

[rebel11]

Hi chizzleface

 

Speak to your Card provider, ask to do a Chargeback, explain that the chargeable product 'is not as described'.

 

http://www.which.co.uk/consumer-rights/problem/how-do-i-use-chargeback

 

This is easily corrected by Tesco, but stubbornness won't allow them to sort it out.

 

Debit card, so Section 75 can't help me

Edited May 10, 2014 by rebel11
Advise might be misleading - Need to see the signed form

[chizzleface]

Hi chizzleface

 

Speak to your Card provider, ask to do a Chargeback, explain that the chargeable product 'is not as described'.

 

 

This is easily corrected by Tesco, but stubbornness won't allow them to sort it out.

 

Brilliant, thanks - I'll give it a go and let you know how it goes on!

[Migster]

 

Edited

 

Why would the FOS concern themselves with a dispute invoving an optician/retailer?

[Hammy1962]

And who says 'that the chargeable product 'is not as described'.' They were probably accurately described on the order, which the OP signed.

 

The distance selling angle is clutching at straws as well, because the product is made offsite! I don't know any Tesco stores that manufacture anything in store. Everything is made somewhere else!!!!!

 

Wow

 

H

[rebel11]

Tesco do manufacture in-store if you think about it - bread.

 

'Chargeable as opposed to BOGOF'

 

And who says 'that the chargeable product 'is not as described'.' They were probably accurately described on the order, which the OP signed.

 

The distance selling angle is clutching at straws as well, because the product is made offsite! I don't know any Tesco stores that manufacture anything in store. Everything is made somewhere else!!!!!

 

Wow

 

H

[Hammy1962]

Tesco don't manufacture bread in Store, they bake it from ready-made dough packs, delivered daily.

 

If it wasn't for the marketing people keeping the the 'bakeries' open they would all be closed now. The newly baked bread smell makes customers happy so they buy more.

 

H

[rebel11]

http://www.telegraph.co.uk/foodanddrink/7901850/Tesco-fresh-bread-advert-banned-for-misleading-viewers.html

 

Tesco don't manufacture bread in Store, they bake it from ready-made dough packs, delivered daily.

 

If it wasn't for the marketing people keeping the the 'bakeries' open they would all be closed now. The newly baked bread smell makes customers happy so they buy more.

 

H

[Hammy1962]

Well, if it's in the Telegraph it must be true.

 

H