We use cookies to allow us and selected partners to improve your experience and our advertising. By continuing to browse you consent to our use of cookies. You can understand more and change your cookies preferences here.

We're here to help

JOIN WHICH? LEGAL

 

Case studies - Vicky Boots

Which? Legal member has to remind Boots of her rights after it denies her a refund or replacement

When Which? Legal member Vicky's reading glasses from Boots Opticians broke after just four months it refused to repair or replace them.

It said that as she hadn’t purchased a warranty, she’d have to buy a new pair, although she’d be entitled to a discount.

Vicky wasn’t happy at the idea of paying for new glasses so quickly, but she had to show the opticians the Sale of Goods Act, which set out her rights, before Boots agreed to send the glasses to the manufacturer to be assessed.

Vicky had been without her glasses for 18 days when Boots contacted her to say the manufacturer had returned them in the same condition. It had been unable to provide an assessment report to determine whether the glasses were defective or Vicky had damaged them.

She was again told that Boots wouldn’t repair or replace the glasses as it did not think there was a manufacturing fault. She complained to the Optical Consumer Complaints Service (OCCS), a free mediation service that tries to resolve disputes between opticians and consumers. But it couldn’t provide a resolution and the case was closed.

Our advice

Vicky contacted Which? Legal. We confirmed her rights under the Sale of Goods Act and advised that as Boots had already had the chance to inspect the glasses and failed to prove its case, she could get an impartial expert to inspect them to see if she could claim a manufacturing fault. Rather than do that straight away, because she didn’t want to be without her glasses, Vicky wrote to Boots Opticians again saying she didn’t agree with its analysis and if she didn’t receive a satisfactory resolution she’d consider legal action. Boots offered a full refund of £229, which she accepted.

What the law says

The Sale of Goods Act says goods should be of satisfactory quality. This includes durability. In the six months after purchase, the onus is on the supplier to prove that the defect wasn’t there when you bought the item. You’re entitled to a repair or replacement – the retailer is likely to choose the most cost-effective option. If a repair isn’t possible or would be disproportionate in price, you may claim a refund, reduced to take into account the use you’ve had. If, like Vicky, you face a situation in which a firm won’t repair or replace, you can then go to the relevant complaints service. In this case, the OCCS deals only with the financial/ contractual part of the supply of glasses.