OPSM fail: recourse?

Forums › Health and fitness › OPSM fail: recourse?

dwknight

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#228905 29-Jan-2018 13:13

Two weeks before Christmas, on December 11 2017, I handed my prescription sunglasses to a staff member at OPSM and paid almost $500 to have new up-to-date lenses inserted.

I was told they would be completed in 10 working days, and at the time I realized that there would be a slim chance that they wouldn't be completed by Christmas Day. How naive I was.

Today is January 29 2018 and my glasses still have not been returned. I've received excuses about my frames being lost in the mail, and about 3 weeks ago the glasses came back but the prescription was all wrong and had to go back to the lab.

My entire summer holidays were much less enjoyable due to a lack of sunglasses. My question to the forum is this: am I entitled to expect some kind of a refund for this service? When my glasses (one day!) return, should I kick up a fuss when I go to pick them up?

Thanks for any input.

David K

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#1948135 29-Jan-2018 13:38

I'd certainly be kicking up a stink...

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HowickDota

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#1948187 29-Jan-2018 15:32

From page 4 in the consumer guarantees act booklet (edited):

Goods must meet the guarantees of:

if the retailer arranges the delivery of the goods, the goods must be delivered undamaged and on time
If the problem is something that can’t be fixed or is major, you can reject the goods and choose between a refund or replacement. Or you can keep the goods and seek compensation for the reduction in the value of the goods.

You could cancel the order and ask for a refund or seek compensation for the prolonged delivery time.

mattwnz

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#1948202 29-Jan-2018 15:50

I would write a letter on complaint to their owner about it. At the very least I would probably expect a decent discount to make up for it, and to restore my good faith. Not sure about legal requires though in this situation. But it largely comes down to providing good customer service.

dejadeadnz

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#1948248 29-Jan-2018 17:56

mattwnz:

I would write a letter on complaint to their owner about it. At the very least I would probably expect a decent discount to make up for it, and to restore my good faith. Not sure about legal requires though in this situation. But it largely comes down to providing good customer service.

I wouldn't bother with any formal writing. A year or so I had a similar experience with OPSM Albany. I ended up writing a very firm, factual, but highly embarrassing post (for them) on their Facebook wall. They ended up offering a considerable discount and more. The only way to help prevent bad service for yourself and others in the future is to make the business concerned hurt.

tehgerbil

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#1948311 29-Jan-2018 20:55

You can claim for the price of the glasses and lenses. But I would highly doubt you can seek compensation for the 'enjoyment lost due a lack of sunglasses' as that's not tangible, measurable and not covered by the act.

However you may also be up the creek if they blame it on the courier, as it's specifically states, which to me could be the courier lost it? Or that's my interpretation.

When you can’t claim under the CGA

You can’t claim if:

any service failure is due to events outside the control of a service provider

I'd lean towards dejadeadnz's suggestion, and write a politely worded mail/post via Facebook/messenger to the OPSM account in the hope they'll escalate it.

Comms and Marketing departments tend to carry a bit of weight internally I've found.

dejadeadnz

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#1948364 29-Jan-2018 22:07

tehgerbil:

You can claim for the price of the glasses and lenses. But I would highly doubt you can seek compensation for the 'enjoyment lost due a lack of sunglasses' as that's not tangible, measurable and not covered by the act.

However you may also be up the creek if they blame it on the courier, as it's specifically states, which to me could be the courier lost it? Or that's my interpretation.

When you can’t claim under the CGA

You can’t claim if:

any service failure is due to events outside the control of a service provider

I am not convinced that "The courier lost it!" argument would assist OPSM. "Outside of control of a service provider" in context would need to (in my view) reach the threshold of what lawyers call frustration (it doesn't mean what ordinary people think of "frustrate") -- it's gotta be something entirely outside of the contemplation of the parties, for which no reasonable consumer can hold the service provider responsible. Most people would expect a service provider to wear the risk of reasonable delivery timeframes by their chosen delivery agent, since the service provider's ability to influence this is far, far greater than the consumer's.

kryptonjohn

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#1948397 30-Jan-2018 08:30

HowickDota:

From page 4 in the consumer guarantees act booklet (edited):

Goods must meet the guarantees of:

if the retailer arranges the delivery of the goods, the goods must be delivered undamaged and on time
If the problem is something that can’t be fixed or is major, you can reject the goods and choose between a refund or replacement. Or you can keep the goods and seek compensation for the reduction in the value of the goods.

You could cancel the order and ask for a refund or seek compensation for the prolonged delivery time.

But then he'd have to go through the whole process again with someone else. Take that option if it looks like the glasses will never arrive in which case it's a given that there'll be a refund plus compensation for the lost frames and original lenses.

I'd write the head office/master franchise or whoever 'owns' it and describe the whole mess and ask what they are going to do to compensate. I'm thinking refund plus free new lenses for his trouble.

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kryptonjohn

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#1948398 30-Jan-2018 08:32

dejadeadnz:

tehgerbil:

You can claim for the price of the glasses and lenses. But I would highly doubt you can seek compensation for the 'enjoyment lost due a lack of sunglasses' as that's not tangible, measurable and not covered by the act.

However you may also be up the creek if they blame it on the courier, as it's specifically states, which to me could be the courier lost it? Or that's my interpretation.

When you can’t claim under the CGA

You can’t claim if:

any service failure is due to events outside the control of a service provider

I am not convinced that "The courier lost it!" argument would assist OPSM. "Outside of control of a service provider" in context would need to (in my view) reach the threshold of what lawyers call frustration (it doesn't mean what ordinary people think of "frustrate") -- it's gotta be something entirely outside of the contemplation of the parties, for which no reasonable consumer can hold the service provider responsible. Most people would expect a service provider to wear the risk of reasonable delivery timeframes by their chosen delivery agent, since the service provider's ability to influence this is far, far greater than the consumer's.

Agreed. Fobbing off the customer due to a third party under the vendor's control doesn't cut it. It's up to OPSM to make it good and sort out the loss with the courier later.

trig42

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#1948417 30-Jan-2018 09:23

That is pretty shocking service. You would think that with the advent of decent online alternatives, and even Specsavers, OPSM would be a bit more onto it.

My story, and it should apply to all NZ Bricks and Mortar retailers.

We bought a pair of glasses for my Wife to wear to work in May last year (she is a cook, they get covered in grease etc., and get a rough time as she is forever wiping them down - causes the coatings to wear off) from Clearly.com (clearly.co.nz). Not only were these glasses cheaper (by nearly half) than Specsavers, they arrived within 10 days and she is really happy with them.

Fast forward to the Xmas break - one of the nose pads fell off - she doesn't know where/when and they'd be impossible to find anyway. I called up Clearly (they have a NZ 0800 number, answered in the US I assume). They did not have parts for those glasses. No problem, they say, we will just send you a new pair of glasses. There they were, less than a week later - brand new, same prescription and a courier label to return the ones with the tiny bit of Silicone missing.

Awesome service. Will definitely use again (and tell everyone about it).

Imagine OPSM or Specsavers doing that in that time frame...

That's what NZ retailers have to up their game to.

kryptonjohn

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#1948418 30-Jan-2018 09:34

Wow, thanks for the pointer to clearly.co.nz. Priced up my last pair of progressive lenses and frames from OPSM (had good service there btw) cost about $900 were only $315 from clearly. And that's with all the add-ons such as extra thin, lightweight lenses with intermediate (computer screen) distance etc.

Wow.

trig42

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#1948424 30-Jan-2018 09:42

Yep, no worries.

We have bought about 5 pairs between Clearly and 39dollarglasses.com. All have been fine. The only issue is that I have a big head and guessing at frame sizes so they don't look too ridiculous on me is bit of a mission. I haven't gone wrong yet (and they actually have a better range of wider frames than Specsavers do anyway).

I get an eye check and new prescription every two years from Specsavers (AA member) and then just tell them that they have no frames that fit me (usually true) and take my Prescription away.

sbiddle

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#1948434 30-Jan-2018 09:57

trig42:

Yep, no worries.

We have bought about 5 pairs between Clearly and 39dollarglasses.com. All have been fine. The only issue is that I have a big head and guessing at frame sizes so they don't look too ridiculous on me is bit of a mission. I haven't gone wrong yet (and they actually have a better range of wider frames than Specsavers do anyway).

I get an eye check and new prescription every two years from Specsavers (AA member) and then just tell them that they have no frames that fit me (usually true) and take my Prescription away.

The tip for those doing this is to make sure you can get a sneak at your PD as they won't put this on the prescription for obvious reasons. Having this accurate makes life so much easier!

kryptonjohn

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#1948465 30-Jan-2018 10:06

What is the "PD" @sbiddle?

jonathan18

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#1948497 30-Jan-2018 10:19

kryptonjohn:
What is the "PD" @sbiddle?

Pupillary distance, ie measurement between your eyes (to nose).

I solved this for $10 by paying another optician to measure mine, which Clearly simply deducted off the cost of my glasses! I’m another totally happy Clearly customer, and recommend them highly. Good prices and good service are not mutually exclusive!

kryptonjohn

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#1948509 30-Jan-2018 10:27

Ah cool.

So I assume that the Specsaver/AA deal is a sale-leader for Specsavers. When you get your free checkup can you just say "thanks can I have my prescription and PD please" and walk away or do they pour on the sales pressure?

Cheers

JohnO

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