Return glasses to the optician. Returning glasses to an optician according to the law

Glasses are an accessory that regular optics users change quite often. As they are used, they gradually become unusable, wear out, and become dirty. Another reason to buy a new pair is the change in the optical power of the eyes. What if the new glasses turned out to be of poor quality? Is it possible to return or exchange such optics?

Glasses are an object that comes into contact with human skin every day. sweat, water, dust get on them.

What are the reasons for returning and exchanging goods?
Are glasses subject to return and exchange?
Is it possible to return and exchange corrective glasses if they have difficulty seeing?
Can I return or exchange glasses purchased online?
Is it possible to return and exchange sunglasses?
How to protect yourself from purchasing low-quality goods?
What are the dangers of wearing low-quality optics?

Gradually, even the highest quality plastic begins to deteriorate, becomes cloudy, and gets scratched. Water or sand gets on your sunglasses while on vacation at sea. The protective layer is gradually destroyed, and the lenses begin to transmit more and more ultraviolet radiation. Even with very careful wearing, there comes a time when it is time to change the optics. Typically, the average lifespan is two to three years. Users often have a question about whether glasses are classified as goods subject to exchange and return under the Law of the Russian Federation “On the Protection of Consumer Rights”. After all, no one is immune from purchasing defective products, even if they are from well-known manufacturers. Let's consider what rights the buyer has in case of purchasing a low-quality product, and whether glasses can be returned and exchanged.

Consumer Protection Law

According to Art. 4 of the Law on the Protection of Consumer Rights, citizens are guaranteed purchases of proper quality. Defective products are grounds for return under Art. 18 ZPPP. If there is no defect, but the goods do not turn out to be suitable in size or shape, then they are allowed to be handed over under Art. 25 ZPPP.

Guarantee according to the law of the Russian Federation

The ZPPP establishes the possibility of a guarantee for any items. The seller (manufacturer) has no direct obligation to issue a warranty period for glasses. This is solely the right of the counterparty.

IMPORTANT! The obligation to establish a warranty on optics, although not enshrined in consumer legislation, is present in other acts. GOST R 51193-98 indicates that corrective (medical) devices must have a warranty of 6 months.

Is it possible to return vision glasses to an optician?

Medical devices are regulated by law in a special way. The nuances depend on the quality of the purchased/ordered accessory.

Regular

Corrective glasses made for vision correction can be returned to the performer or to the pharmacy in accordance with Art. 18 ZPPP (i.e. if the item is of inadequate quality). Examples of shortcomings are incorrect characteristics of lenses (incorrect optical parameters - the eyes hurt when worn), the presence of a crooked frame. A person ordered a device for farsightedness, but they provided him with a product for myopia (there is a difference in diopters)? This is also considered a disadvantage. The rules of paragraph 18 of the Law apply - the client will be able to return the purchase.

Optical device without flaws? The rule on the exchange of first-class quality products comes into force. But paragraphs of Art. 25 ZPPP do not apply to corrective accessories . Decree of the Government of the Russian Federation No. 55 states: products for prevention and treatment are not subject to return . The Act directly classifies lenses (clause 1 of the Resolution) as goods of this kind.

Made to order

As a general rule, the fact of ordering corrective optics is subject to the regulations of consumer legislation. This means that the marriage can be returned under Section 18 of the Consumer Protection Act. But this standard will not apply for proper quality. Moreover, the basis will be different - due to the individuality of the thing.

Know! Such an agreement implies the production of unique products that have no analogues. The client loses the right to exchange high-quality custom goods.

Is it possible to donate corrective glasses for vision?

By law, you can refuse to purchase a product within 14 days if two conditions are met:

The product is in good condition: no scratches, no abrasions, the buyer did not remove the tags.
It is possible to prove the purchase from a specific seller.

Exceptions are complex household appliances, cars and non-returnable goods, the list of which is approved by Government Resolution No. 55. According to clause 1 of the List medical supplies, devices, hygiene products and spectacle lenses are not subject to exchange Therefore, you cannot take your glasses to a pharmacy or optician. This is also confirmed by State Standard Decree No. 140-st: lenses with diopters belong to medical products that are intended for the prevention, treatment or compensation of impaired functions.

But even to the rules there are exceptions - if an optical employee violated the rules of trade (sold glasses without a prescription, did not issue a cash receipt), you can refuse such an item as a product of inadequate quality.

How to return low-quality glasses to an optical shop

It happens that a person bought glasses, came home and found that they did not meet the necessary properties, for example, the quality certificate stated that the lenses were inserted for one vision, but in fact they are different. Or if a person discovers that the fastenings are poorly secured, the glass begins to fall out or there is any damage.

In this case, the buyer must contact the seller to return the product or replace it within the period of 14 days established by law. If the glasses are of poor quality, then you will need a receipt for the purchase of the product, the product itself, the applicant’s passport, as well as an application for return or exchange.

It should be noted that, according to current legislation, a receipt for the purchase of goods may not be required if there are witnesses to the purchase.

If a person only discovers any physical damage to his glasses at home, he must provide the following documents:

An identification document, which can be a passport, driver’s license, military ID;
Application for the return of low-quality goods of the corresponding sample;
A certificate confirming that the product was not damaged by the buyer.

If there is no certificate, then the store itself must send the glasses for examination, which confirms a manufacturing defect, and not physical damage to the glasses by the buyer. If the buyer does not agree with the results of the examination, he has the right to carry out an independent examination at his own expense.

How to protect yourself from purchasing low-quality goods?

It is often the consumers themselves who are to blame for the fact that the glasses turned out to be defective or of poor quality. In an attempt to save money, they turn to dubious sellers or buy glasses in inappropriate places. Remember - glasses on street corners or in the subway cannot be of high quality. They are made according to a stamp without taking into account the characteristics of the eyes and only cause harm.

Optical stores also sell ready-made models for correcting farsightedness and myopia. They are acceptable for infrequent use with low degrees of visual impairment (for example, for reading small text). However, if the violation is significant, then you need to order glasses only with individual lenses made strictly according to the prescription. In them, the diopters of each lens will clearly correspond to the optical power of the eyes, which does not happen in finished products. In addition, in custom-made glasses, such a parameter as centering is observed - the distance between the centers of the pupils. It is measured by an ophthalmologist using a dioptrimeter. In ready-made models, especially those bought on the street, there is no centering.

High-quality but inappropriate glasses

As Article No. 25 of Law No. 2300-1 states, products of good quality, including sunglasses (this rule does not apply to contact lenses and glasses for vision correction), can be exchanged if the buyer decides that the product is not suitable for him for some reason. reason.

The reason could be any: the color scheme, shape, style did not suit, the buyer simply changed his mind - the seller has no right to refuse an exchange. Additionally, if the store does not have the required replacement, you must issue a return for your purchase.

When exchanging or returning, glasses must retain their original presentation, all tags and manufacturer seals.

How to return glasses that don't fit.

The return of glasses that do not fit follows approximately the same pattern as the return of low-quality glasses. The only difference is the timing for filing a refund application. They are slightly different and are only one week long.

Also, the buyer must provide some documents, which include:

Passport of a citizen of the Russian Federation or other document that confirms identity;
A statement of the appropriate sample, written in two copies;
Glasses that did not fit any parameters.

It should be noted that they should not have been in the use of the buyer. In addition, the integrity of the packaging must not be compromised. Otherwise, the seller has the right to refuse to accept goods that meet all the established qualities.

It should be noted that if the glasses were made to order, then the buyer has the right to return them, and the seller’s excuses about where he will put them are his problem. He had to prepare in advance a high-quality model that meets all established requirements. The buyer is not obliged to pay money for a low-quality item. He has the right to purchase glasses that meet established standards, especially those designed to correct vision. After all, his quality of life, which is determined by the ability to see the world around him, directly depends on this.

You should not be afraid of sellers, because selling low-quality goods is only their mistake. As they say, the consumer is always right, regardless of whether he bought a low-quality product or whether the glasses simply did not suit him for some reason.

Consumer rights under the law when a defect is detected in glasses

The relations between the parties to any purchase and sale transaction are subject to Federal Law No. 2300-1 “On the Protection of Consumer Rights” dated 02/07/1992. Article 18 of this law states that glasses of inadequate quality can be returned to an optical store, regardless of whether they were purchased ready-made or made to order.

In this case, the consumer has the right to file a claim regarding the quality of the product (including custom-made products):

during the entire warranty period, if established by the manufacturer;
within a reasonable period (but no later than two years from the date of purchase or receipt of the order) - in the absence of an established guarantee (Civil Code of the Russian Federation, Article 477).

Important: in accordance with GOST R.51193-98 “Corrective glasses. Technical conditions", the period during which the manufacturer guarantees the reliability of the connection of the lenses with the frame is 6 months from the date of receipt of the glasses (provided that the consumer complies with the operating rules specified on the label or order package).

Acceptance of claims

All claims regarding product quality are accepted by calling the Seller by email

The claim must contain the following information:

Full name of the Buyer
Order number
Name of purchased product
Reason for claim
Buyer's contact phone number
Date of preparation and filing of the claim

A claim without indicating the applicant’s telephone number, or a claim from a person who is not a Buyer, will not be considered.

Claim consideration period: within seven calendar days from the date of receipt of the claim, within twenty calendar days or more if additional verification of the quality of the product is necessary.

IMPORTANT!

Before placing an order for contact lenses, please ensure that:

You know which lenses are suitable for you, their full and exact name and their parameters: optical power (PWR, dioptres, refraction), radius of curvature (parameter BC on the lens packaging), in the case of ordering colored contact lenses - color.
If you have not yet worn contact lenses or are unsure about some of the parameters of contact lenses, you should postpone your order until you consult with a specialist.
The discrepancy between the color of your eyes and the expected color when purchasing colored lenses is not a defect. If you are not sure of the effect, select lenses from a specialist at the Ochkarik Optical Salons. In the online store, buy only those colored lenses that you are confident in.
The presence of an inversion indicator located at the edges of the contact lens is not an obstacle to making a purchase.
The Seller is not responsible for the use of the Product for purposes other than its intended purpose.

* If any defects are found in contact lenses, you must provide packaging containing at least one (1) intact blister.

Is it possible to return glasses without flaws?

From the point of view of consumer protection, optical glasses are not an ordinary product. The product consists of a frame and optical lenses, and spectacle lenses are included in the list of non-food durable goods that are not subject to exchange or return (RF Government Decree No. 55 of January 19, 1998, clause 1).

Thus, according to the law, it is impossible to return manufactured optical glasses, but it is possible to refuse the frame if it does not suit the shape, size, color, etc.

If optical glasses cause discomfort or do not perform their functions, we can talk about a medical error (incorrect selection of optics), and in this case you can fully rely on the consumer protection law: glasses that do not have visible defects or shortcomings, in this case In this case, they are considered a product of inadequate quality and are subject to replacement/return in accordance with the provisions of Art. 18.

When the optical administration does not have the right to refuse

You can withdraw money for purchased glasses only if a defect is discovered :

There are chips and scratches on the glass.
Scuffs and burrs on the frame.
Poor fastening of the arms.
Violation of the symmetry of the frame.
The actual characteristics of the lenses do not correspond to those specified in the prescription.

If you find a defect after returning home or several days of use, hurry up and return it . You can refuse the purchase before the end of the warranty period, but the more days have passed since receipt, the more difficult it will be to prove a manufacturing defect or employee error.

What is the warranty period for vision glasses?

According to Art. 5 of the PLA, the warranty period for the product may or may not be established. Therefore, setting a warranty period for glasses is the right of the component manufacturer, as well as the optical salon, but not their responsibility.

For eyeglass frames, a warranty may be provided directly by the manufacturer or by the optician (if there is none). An optical salon can set its own guarantee, but it should not be less than the manufacturer’s guarantee.

Often, opticians provide a guarantee not for the glasses themselves, but for the work performed, i.e., for the lenses inserted into the frame. Usually these terms are quite short: for example, 1-2 months. At the same time, consumers mistakenly believe that such short-term warranty obligations apply to the frame. In fact, this is not so: the warranty period established by the optics does not cover defects in the frame .

According to paragraph 1 of Art. 34 of the Labor Code, the contractor who provided the material to perform the work of inadequate quality is responsible for it according to the same rules that apply to sellers who sold goods of inadequate quality.

If a warranty period has not been established for the frame, then claims for its inadequate quality are made within 2 years from the date of delivery to the consumer.

Thus, in relation to glasses, several types of guarantee can be distinguished: a guarantee for work performed by an optical salon, a guarantee for the frame (can be installed by the optician, the manufacturer, or not installed at all).

Return conditions and procedure

The procedure for returning low-quality vision glasses will be as follows.

Stage 1 . The buyer makes a claim to the store.

According to Article 18 of the PPSA, the buyer, if defects are detected in the glasses, has the right to demand replacement with a similar product, replacement with a product of a different model, warranty free repair, reduction of the purchase price or refund. To do this, he files a claim in which he sets out the essence of what happened and puts forward his demands.

The claim is accompanied by a copy of the passport and a document confirming the fact of purchase in this store.

It is worth considering that, according to paragraph 5 of Art. 18 of the PPA, the buyer’s lack of a cash or sales receipt or other document that would confirm the fact of purchase cannot become a basis for refusal to satisfy the buyer’s requirements.

The claim is submitted in person to the optician or sent there by registered mail.

In addition to optics, the consumer can make a claim to the importer or manufacturer of the frame (according to paragraph 4 of Article 18 of the PPLA).

The seller is obliged to satisfy the claim within 10 days, but this period may be revised due to the need to conduct an examination of the causes of the defects.

Stage 2 . An examination is being carried out.

This stage is optional and is necessary if there is a disagreement between the consumer and the seller regarding the cause of the defects.

If a warranty period has not been established for the glasses, then the examination is carried out by the buyer, since he must prove that the defect was not associated with improper use of the glasses.

In the future, he has the right to recover the costs of carrying it out from the seller.

If the consumer applies during the warranty period, then the responsibility for conducting the examination shifts to the seller. The seller is given no more than 20 days to additionally check the quality of the goods.

Stage 3 . Satisfying buyer requirements.

When the examination has proven the presence of defects and their occurrence is not the fault of the buyer, then this is the basis for satisfying his requirements. You are given 7 days to replace your glasses with high-quality optics. If a similar product is not available, it may take a maximum of 20 days for a replacement.

According to Art. 22 of the PPA, the request for a refund must be satisfied within 10 days.

In some cases, the glasses seller may legally refuse to refund your money . For example, if he proves that the defect arose due to the fault of the buyer due to the fact that he dropped his glasses or sat on them, due to violation of the rules for transporting glasses, due to the actions of third parties, etc. The buyer should take into account that the warranty applies only in cases where the defect appeared before the glasses were handed over to the buyer.

If a store refuses to satisfy the buyer’s demands without legal grounds, then he can go to court to protect his interests. In this case, the buyer may additionally recover compensation for damage, moral damages and a fine in the amount of 50% of the amount of claims not satisfied voluntarily.

Therefore, quality glasses cannot be returned within 14 days like other non-food items. If a defect was discovered in the glasses, the procedure for returning them will depend on whether a warranty period was established, who established it and whether it has expired, as well as what defect was discovered in the glasses and whose fault it arose. Glasses with defects may be returned, exchanged or repaired free of charge during the warranty period or within 2 years if it was not installed. To do this, the buyer should file a claim with the optician or the manufacturer.

Procedure

Before going to the optician where you ordered your glasses, make sure that the return conditions specified in the previous section are met.

After that:

Contact the optician and present your glasses, indicating the reason for the return and your requirement;
If the reason for returning the glasses is a manufacturing defect, the seller will offer to fill out an application for an examination.

You need to conduct an examination regardless of whether you simply want to return low-quality glasses or you want to make an exchange.

If the reason for the return is the buyer’s personal antipathy, then the return must be made on the same day. If glasses with suitable characteristics are not available, the seller and buyer can agree on a time until suitable glasses appear in the store.

If the seller refuses to comply with the requirements and return money for glasses or make an exchange/repair, etc., then you have the right to make a written claim and hand it to the store management (chief manager);

As a rule, at this stage the seller agrees to satisfy the buyer's request, as he is convinced of his determination.

If, after filing a complaint, the seller still continues to ignore the buyer, then the next step is to contact the consumer rights protection service or go to court;

How to file a claim for the return of glasses to an optical shop

First of all, it is necessary to formulate the requirements for the seller (manufacturer, importer) - what exactly do you want to achieve by sending a letter of claim. It is these requirements that will be the basis of the statement of claim if it is not possible to resolve the dispute peacefully.

As a rule, a claim for the return of glasses to an optician contains the following information:

name and contacts of the sender and recipient;
reasons for the appeal (for example, a cash receipt or warranty card);
description of the product and its shortcomings;
requirements for the seller;
references to relevant laws;
sender's signature.

In a claim for poor quality glasses, it is necessary to provide a calculation of the monetary claim and its documentary evidence.

Sample

Ochkarik LLC

242600, Bryansk, Sovetskaya st., 45

from

Petrova Natalia Mikhailovna

242600, Bryansk, Lomonosova st., 47

Claim

On November 27, 2021, I bought vision glasses for 1,500 rubles at the Ochkarik LLC store. However, upon closer inspection at home, I discovered a defect on the frame in the form of unevenly applied black paint. When contacted verbally, the cashier-salesperson of the specified store refused to replace my frames.

Based on Article 19 of the Law “On the Protection of Consumer Rights,” I request that the low-quality frames of the glasses I purchased be replaced with high-quality frames within 10 calendar days from the date of receipt of this complaint. Attached is a copy of the purchase receipt.

Signature

date

Complaint about an optical salon

After making sure that the return conditions are provided by law, the buyer should contact the optician, present the glasses and indicate the reason for the return and their requirements. Both if the buyer wishes to make an exchange, and when returning a defective product, an examination is likely to be carried out.

If the seller refuses to fulfill his obligations, the buyer issues a written claim; If an agreement cannot be reached, you should go to court.

In order not to waste time on an obviously losing claim, find out your chances of a legal solution to a conflict with optics from experienced lawyers:

What to do if a claim for the return of low-quality glasses remains unanswered

The Law “On the Protection of Consumer Rights” does not contain specific deadlines for responding to a claim, so in this matter one should focus on Article 452 of the Civil Code and Article 12 of the Federal Law “On the procedure for considering citizens’ appeals” dated May 2, 2006. Consequently, the deadline for responding to a claim is 30 calendar days.

If there is no response to the claim within 30 days or the seller refuses to satisfy it, you should file a claim in court. The claim must be accompanied by a receipt for payment of the state fee and written evidence of compliance with the pre-trial procedure for resolving the dispute.

What to do if they don’t want to replace the glasses or return the money

If the seller does not want to resolve the problem amicably, the consumer must contact him with a written complaint.

The claim must be made in two copies, one of which is given to the seller. You should put an incoming mark on your copy. The claim can also be sent by mail with the notification service.

If the seller ignores the complaint, the consumer can contact supervisory authorities, for example, Rospotrebnadzor or the prosecutor’s office, but the money can only be returned through the court . A lawsuit can also indicate moral damages from the actions of the seller.

How to issue a refusal in an online store

The procedure for returning goods purchased online is determined by the Distance Selling Rules. You can cancel an order:

At any time before its receipt, even if the parcel is with the courier or has arrived at the post office.
Within a week after delivery.
No later than 3 months after receipt, if the parcel did not contain a notice warning about the return period.

Within this time frame, you can issue a refusal of both high-quality and defective products.

The procedure and rules for returning to the online store are slightly different:

Specify the address and method of delivery of the parcel. To do this, contact the seller by calling the hotline or sending a request by email.
Complete the application. Almost all online stores have a standard return form. Search the website or ask to send it by e-mail. Don't forget to provide your card details to receive the transfer.
Scan the completed application, receipt and form with your order number.
Please include the original documents in the parcel.
Send your order by courier or through the post office.
Notify the administration of the online store. So that the refusal does not come as a surprise, send the parcel number and electronic copies of documents by e-mail - the company will quickly consider the application and transfer the money immediately after receiving and inspecting the goods.

The crediting period depends on the bank servicing the card. Usually money arrives within 10 days. Transfers to Yandex.Money and WebMoney e-wallets take up to 14-23 days. If the money has not arrived within 30 days, contact the office of the bank or payment system.

Refund deadlines

Once the retailer picks up the glasses for inspection, the refund must be processed within ten days. For each subsequent day of delay, the seller will have to pay a penalty in the amount of one percent of the cost of the glasses.

Sources

https://PoPravu.club/tovar/vozvrat-i-obmen/ochki.html
https://www.cherlock.ru/articles/vozvrat-ochkov-v-optiky-po-zakony
https://zakonguru.com/zpp/tovary/vozvrat-ochkov.html
https://prava-potrebitela.ru/uslugi/besplatnaya-konsultaciya/zakon-o-zashchite-prav-potrebitelej-pri-izgotovlenii-ochkov/
https://zakonguru.com/zpp/tovary/garantia-na-ocki.html
https://vozvrat-tehniki.ru/kak-vernut-ochki-v-optiku-sdelannye-na-zakaz.html
https://www.freshdoc.ru/iski/dokumenty/pretenzii/ochki/
https://iurist.info/zpp/mozhno-li-vernut-ochki-v-optiku.html

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