Faulty glasses - shop refusing refund...

[GotMyGoat]

My opticians are refusing to refund me for my faulty off-the-shelf sunglasses, and say they will only exchange. They are no longer in stock and need to be ordered in which will take a week or so. I would like a refund so I can buy them from another opticians today.

I'm pretty sure from googling that I am protected by sales of goods act etc. and that as i didn't notice the fault at the point of sale, I am entitled to a full refund as long as I bring them back within 4 weeks.

I bought them 6 days ago (just walked in and bought them off the shelf - rather than ordering them in specially) but I didn't actually wear them outside until this morning, when I realised there was what seemed to be a pen mark in the middle of the lens (looked like a fly at first!) - I tried to clean it off but couldn't so took it back to the opticians this morning, turns out the fault is inside the lens.

I'm infuriated because the guy said he couldn't refund until the manager gets back on thursday, but she might call later. I then got a call back from him saying he had spoken to his manager and she said that as I accepted the glasses at the time, they wouldn't refund only exchange (but i'd have to wait a week as they don't have any) I mentioned that I'm protected by the sales of goods act but was just fobbed off as 'couldn't do anything till manager gets back".

I just want to check i'm in the right here before before I take this further - I'm actually really upset at the unfairness of it, aggravated by the fact i'm really light sensitive and today is the sunniest day ever and I now have a headache.

[prh47bridge]

You are entitled to reject the sunglasses and receive a full refund. The Sale of Goods Act doesn't specify how long you have to reject the goods but 6 days is certainly fine.

If they continue to try and fob you off with an exchange you should write to them setting out clearly that you are exercising your rights under the Sale of Goods Act 1979 to reject the sunglasses and receive a full refund. Give them a deadline for the refund and say you will take legal action if they do not comply. If necessary you can take them to the small claims court. You won't need a solicitor.

[GotMyGoat]

thanks very much bridge - that's really constructive :) will try again tomorrow