Rights in case of problems with lenses – Free advice!

Questioner

I am having the following problem: Since September 2011 I have been going to an optician for a new pair of hard lenses. The first two pairs of lenses I received were too small, because I was looking at the edges. The third pair of lenses sat better on my eye, but I still had doubts about the strength. According to the optician it was just fine, because that was what the test showed. I then agreed. It had been going on for a while and I started to doubt myself. Different lenses every time, maybe I was too critical? In mid-November I paid for the final (3rd) pair. January/February 2012 I started having problems with deposits on my lenses. At the end of February I went back to the optician. This one had been taken over in the meantime. The first time I got a cleaning agent that didn't work. Back to the optician again and my lenses were sent to the manufacturer. At the beginning of March 2012 I got a call from the optician. My lenses had been rejected due to an abnormality in the lens (which was the reason for my poor vision, I was right there was a fault in the lenses) and were so dirty that they could no longer be cleaned. I was accused of using the wrong liquids which would have caused deposits. This was all in consultation with my optician, I should have been allowed to use those liquids. I was offered a discount on new lenses. Of course I did not accept this, because it was their mistake. After a conversation in the store I was proven right. I would get new lenses. One problem, they did not have anyone on staff at the time who could fit lenses. It was not until a month later that I had another eye test for lenses (11 April 2012) Told everything to the new optician. She could confirm that I had used the correct liquids to clean my previous lenses. So I was not wrong. Had a new eye test and a week later I could pick up my lenses. Strength was good. Only I had a lot of deposits on my lenses that I could not remove. I got new lenses again (they had to be a bit stronger after the test). This was April 29. With other liquids, this was a complete disaster because the deposits could not be removed. I walked around with my glasses more than with my lenses. Immediately went back to the optician, asked my optician how this was possible. She could not tell me anything about this. After she contacted the manufacturer I got a good cleaner with which I can indeed clean my lenses. Unfortunately the deposits on my lenses remained. Which means that you do not see clearly, you are constantly looking at a haze. I went back to my optician (mid-May). After consulting with the manufacturer, she told me that this can happen with these lenses and that I would have to get through it. This should take a maximum of two months. After that, the deposit should disappear. Again, she could not tell me what caused it. I then went to another optician for a second opinion. I now finally know what is causing it. It is due to the type of lens. Extremely oxygen permeable, which is why some people suffer enormously from deposits. The bottom line is that I should actually have a simpler lens. They would not let a customer who suffers from this continue to wear them for two months. It is also not safe, spots in front of your eyes that prevent you from seeing properly. Example: When I'm riding my bike and I look back, sometimes I can't see anything and I have to blink before I can see clearly again. Also my eyes are irritated and I have to clean my lenses three times a day, which takes a lot of time. I would like to return my lenses and get my money back. It really has to stop now. I have been trying for new lenses since September 2011 and it is still not good. I have lost my confidence in the optician. Partly because they can't give me any answers at all. I am curious what my rights are in this matter. Thanks in advance for reading the long story. I hope it is clear.

Lawyer

I can well imagine that you no longer have confidence in this optician. What is happening here, I think, is not normal either. Legally, you have purchased a product that does not meet the characteristics you may expect. Normally, you must give the seller a reasonable period to repair this defect, which means in this case to deliver a product that does meet the requirements. If he cannot, does not or does not want to do this, you can cancel the purchase and get your money back. Now you could argue that you have often offered a reasonable period to deliver good lenses, but this will not have been done with the correct legal wording. So I would first go back to the store, say that you have obtained legal advice and that you want to cancel the purchase and get your money back. If they do not agree, you should write a registered letter to the store in which you put them in default and give them 2 weeks to deliver good lenses (so you do not agree to measuring again, trying them out again, getting used to them again etc.) and otherwise you want to cancel after those 2 weeks. Also threaten legal action in this letter. Good luck.