I got over charge and there's No Refund help please.

**summerof2008** · 07-03-2006, 09:35 PM

Hi, my name is Jim I left a deposite of 477 for eyeglasses at a local retail store. I went in for a eyeglass they had on sale for 199.99 but end up paying a lot more. Made the deposite on Jun 28th, suppose to pick up the glasses on July 2nd. But I found out that I cant realy afford something that expensive, so I called them on the 28th wannting to cancel it. Was told by the sales person and OWNER get OUT of my store THERE IS NO REFUND:angry:. WROST PART IS I DID NOT EVEN RECIEVE THE glasses yet. Is there anyway I could get my money back?

**William Walker** · 07-03-2006, 10:02 PM

What method did you pay with? I know there are times where American Express will take the money back from the retailer if they side with you on a dispute.

Fortunately for some/unfortunately for others, when you start your own business, you are in charge, not the buying public. You can set your own rules, and whether or not you will bend them in certain circumstances. If the owner of the store was a complete **** about it, that is very unusual for most small businesses, and they might be regretting it later on. When you get notified that your eyewear comes in, ask if you might be able to talk with the owner to work something out - maybe not a full refund, but a partial, so that the owner doesn't lose out, nor you - or break the bill up into installments.

If the attitude doesn't change, suggest sitting in front of their office with a sign, calling the insurance companies that they deal with with negative comments (not on their policies - that's their right, but their attitude), and see if a resolution might be had.

Good luck,
William

**summerof2008** · 07-03-2006, 10:08 PM

I paid with MastardCard, you information is very usefull but I dont think I will be going back after the owner told me to get the **** out.

**For-Life** · 07-03-2006, 10:22 PM

Glasses are a custom made product. Most likely they have already spent money on the lenses that they cannot get refunded for. If you could not afford them you should have figured that out before.

Don't want to sound harsh, but there are two sides to a story.

Also a deposit does not have to be refunded, where a downpayment can be.

**OPTIDONN** · 07-03-2006, 10:37 PM

Take this up with your credit card company, they should be able to help you out.

**chip anderson** · 07-03-2006, 10:47 PM

Glasses are a custom made product, but if the owner refused to deliver refund is due. This assumes customer agreed to follow through with purchase when informed it was too late to cancel.

Customer needs atty. not Optiboards, we don't regulate anything exceptthe language in posts.

**Petedsm** · 07-03-2006, 10:48 PM

Just curious, did you place your order and make the deposit on the 28th?

Do you know if the retail store was doing their own lab work or sending it out?

What was said that led the store owner to say "get out of my store"?

Just curious to know more details before I make my comments on the situation.

**Happylady** · 07-03-2006, 10:54 PM

Was the $477.00 a deposit or the total price of the glasses? You say you called the store to cancel but they told you to get out of the store. Did you call or were you there?

Perhaps they didn't want to refund because the lab had already started working on your lenses and it was too late to cancel.

If they cussed at you I wonder what you did first. Perhaps you did nothing but I don't think we are hearing the full story.

**66Lenses** · 07-03-2006, 10:55 PM

I can only add that chances for even a partial refund are remote. Why I say that is because the language used by owner as you mention is not friendly. I am not too sure, but could it be like, you used harsh words and he responded in similar words. Otherwise, you don't find business shops using such words or throwing it in face that often, unless the situation has escalated to extreme or is nearly out of settlement.

You may approach CC company but there is limited they can do. You made a purchase and payment was paid. Card was swiped and all happened with your consent. Being a mature adult, it is understood that you would have verified amount to be transacted and also be aware of pricings elsewhere. Shop can always claim right to set a price and may be superior quality or may be higher backend pricing and so forth. Only thing CC company can assist you is in procuring glasses, for you paid for a product and you have not been delivered the product. Here, I would also suggest that if you have some receipt indicating payment for the glasses and expected date of delivery, you may use it to legal advantage. Consult a lawyer for the same or make use of Consumer courts and forums.

Refund is remote but glasses should be delivered, thats the bottomline.

**summerof2008** · 07-03-2006, 11:09 PM

I saw the glasses on Jun 28 and put deposite of 477 and saw the same glasses that they are selling May's for 99.99 plus the excat same prescription for total of 199.99 Lens and Glass. I told him that I AM GOING TO stay inside and wait for the police. He told me get the F out and wait out side of his store.

**Petedsm** · 07-03-2006, 11:35 PM

First of all, you should have done your homework. Your real complaint here is that you saw what you thought to be exactly the same pair at another store for a considerably cheaper price. Is this correct?

Now, are you sure you're comparing apples to apples. The frame is one thing. The lens on the other hand can vary dramatically in terms of features, quality, and pricing. Are you sure they are "exactly" the same???

In fairness to the shop owner, you sound like a consumer nightmare. You wasted his time in selecting merchandise, taking adjustments specific to you, and then the minute you think you got taken at $477 (which is ridiculous in the 1st place unless we're talking boutique eyewear), you want to cancel. Did you pay attention to the items you were being upsold on? You agreed to it at first. Why the change in heart?

Now, in fairness to the consumer. The shop owner certainly didn't cut, edge, or order anything that couldn't be cancelled that same day. Everyone on this board knows it. If you check with your CC company, unless it said final sale on the receipt or listed specific terms regarding cancellation, I think you're probably covered. Also, I think there are consumer protection laws that allow a consumer up to 72 hours to cancel a purchase. (check with the state consumer potection agency).

At the end of the day, Buyer Beware. Make sure you know what you're buying and have done your homework on pricing before you place the order. Don't be a Victim!!! Too many fall in to that trap in life. (I fell on the ice on the sidewalk, the owner should have cleared it. Wake up, you knew it was ice before you started to walk on it. If you fall, its just Darwins way of separating the strong from the weak. Thinning of the herd baby!)

**66Lenses** · 07-04-2006, 01:30 AM

Again, I would only press for glasses, refund is remote considering your situation. Atleast try and get what has been charged for.

I am not too sure on the consumer laws in your state if they can assist you much in such case, but you may consider talking with state consumer protection agency or related organisation. You need to be satisfied with product delivered. I hope you get what I am pointing to. Consumer satisfaction is a must and also if shop owner fails on delivery, hmm... you can just have a valid point to press charges against him. But your intentions must not be refund in such a matter. You will need to present your case, as to more of a aggreived consumer who innocently placed order and realised overcharge but still tried to keep up with the sale and was abused, besides delivery of product failing on shop owner's end. Before you do anything, just work out practicality of your situation and try to place yourself in showowner's position to assess the case. If positions interchange, what would your reaction be as shop owner.

Talking with a cosumer protection agency may help. Do not threaten as that weakens your case only.

**For-Life** · 07-04-2006, 10:07 AM

Originally Posted by summerof2008

I saw the glasses on Jun 28 and put deposite of 477 and saw the same glasses that they are selling May's for 99.99 plus the excat same prescription for total of 199.99 Lens and Glass. I told him that I AM GOING TO stay inside and wait for the police. He told me get the F out and wait out side of his store.

That was a deal that they had in May. It does not appear that they have that deal right now.

A lot of stores do a bait and switch. Get you in for $199.99, but add a coating and stuff to make it more.

Telling him that you were going to call the police and wait for them would get the same reaction from me. What he did IS NOT ILLEGAL, so why would the police get involved?

**For-Life** · 07-04-2006, 10:11 AM

Originally Posted by Petedsm

First of all, you should have done your homework. Your real complaint here is that you saw what you thought to be exactly the same pair at another store for a considerably cheaper price. Is this correct?

Now, are you sure you're comparing apples to apples. The frame is one thing. The lens on the other hand can vary dramatically in terms of features, quality, and pricing. Are you sure they are "exactly" the same???

In fairness to the shop owner, you sound like a consumer nightmare. You wasted his time in selecting merchandise, taking adjustments specific to you, and then the minute you think you got taken at $477 (which is ridiculous in the 1st place unless we're talking boutique eyewear), you want to cancel. Did you pay attention to the items you were being upsold on? You agreed to it at first. Why the change in heart?

Now, in fairness to the consumer. The shop owner certainly didn't cut, edge, or order anything that couldn't be cancelled that same day. Everyone on this board knows it. If you check with your CC company, unless it said final sale on the receipt or listed specific terms regarding cancellation, I think you're probably covered. Also, I think there are consumer protection laws that allow a consumer up to 72 hours to cancel a purchase. (check with the state consumer potection agency).

We don't know what the customer got. What if the RX is -5.00 - 3.00 090 OU. If the job was surfaced and coated in something like a 1.67 material then it would increase the price. Plus once that starts happening the job is certainly customized. You cannot ask you lab to stop if they have already started. Actually, for all we know, these can be PAL's.

**66Lenses** · 07-04-2006, 10:16 AM

Originally Posted by For-Life

We don't know what the customer got. What if the RX is -5.00 - 3.00 090 OU. If the job was surfaced and coated in something like a 1.67 material then it would increase the price. Plus once that starts happening the job is certainly customized. You cannot ask you lab to stop if they have already started. Actually, for all we know, these can be PAL's.

Agreed, but he should be delivered the product atleast and also the attitude of shop owner be polite. I am not too sure if the thread starter also abused the owner to provoke him in using such words, but if not, then shop owner's attitude is not consumer friendly.

**For-Life** · 07-04-2006, 10:23 AM

Originally Posted by 66Lenses

Agreed, but he should be delivered the product atleast and also the attitude of shop owner be polite. I am not too sure if the thread starter also abused the owner to provoke him in using such words, but if not, then shop owner's attitude is not consumer friendly.

He admitted that he went to the shop and told the owner that he called the police and is going to wait there until they arrive. Then the shop owner told him to leave.

**66Lenses** · 07-04-2006, 10:33 AM

Originally Posted by For-Life

He admitted that he went to the shop and told the owner that he called the police and is going to wait there until they arrive. Then the shop owner told him to leave.

Yep but I stress upon such words

Originally Posted by summerof2008

<----> owner told me to get the **** out.

**jediron1** · 07-04-2006, 12:26 PM

That is why on our refund policy it's in writing on the wall for all to see. As far as I know I believe you have to have a refund or returns policy in writing for all to see or read. That's why we have in it bold print so the cutomer can see if he or she decides to return there is a restocking fee.

Sounds to me like buyers remorse.

You said frame cost net 70 and 1.67 lens 85. Did you consider the cost to owner? He has to pay electricity, rent?, phone, lab bill, his salary and possible others, insurance and the list could go on. Problem with many people is they never take in the fact that maybe that guy is trying to make
a living the best way he can. I had a guy in a while ago who said I know how much you pay for those frames and it's ridiculous how you mark them up. I said what type of work were you in, he said "I m an X GM worker" so I said so your one of those guys making 27 per hour + he said that's not the point I said that is the point the only thing different is you don't see how much GM marks up there cars to afford you 27 per. Just my 2 cents ;)

**Happylady** · 07-04-2006, 12:28 PM

It is possible that the lenses had been started. If he ordered them early in the morning and they ordered the lenses right away the lab could have already been working on them. He says he tried to cancel the same day(I think) but it could have been much later in the day.

You say the frame's cost is $70.00 and the lenses cost is $85.00. How do you know this? Do you expect them to sell them to you for this price? What extras did you get on your glasses like AR, Transistions, polish, progressive or bifocal?

**loncoa** · 07-04-2006, 12:58 PM

You admit that this is all your fault, yet you insist upon costing this business owner $1400.00? You know what you were purchasing when you made the commitment to purchase. You put down a deposit. Your buyer's remorse is irrelevant. As far as giving you the glasses, you stated that you paid $477.00 as a deposit. This says to me that the total balance isn't paid, therefore you don't get the product. However, if I was the person you are ripping off, I would gladly refund you money just to get rid of you.

**summerof2008** · 07-04-2006, 01:45 PM

I understand his point as a owner, but since I already file for a Civil Court there's no turning back. I even offered him to charge me 150 to cover his expense but I dont want nothing from him. Dont want non lense or the fram just take 150 and leave me alone. He insited that no REFUND.

**summerof2008** · 07-04-2006, 01:49 PM

477 deposite is for the Lens prescription (1.67) and the eyeglasses is call TAG Semi-Rimless another 359(it was 500 but he offered me 359 when I said to expensive) so I said maybe it's a good deal let me put a deposite and pay rest when I get paid.

**harry a saake** · 07-04-2006, 02:12 PM

something to keep in mind, you said it will cost the shop owner 1400 to appear and defend himself in court and you will probably lose. What you forgot pal is after you lose, he can come back at you for all those expenses you cost him, so you might be better to drop that one.

Years ago in georgia i had a wise guy who would not pay for a custom made pair of glasses, so i sued him in small claims court. his contention was that he did not owe any money until he decided to pick them up, even if that was 2 years later. well this jerk knew just enough about law to be a pest. He now came back at me and split the case in to 2 different courts, a civil case and a monetary case. to make this short it went all the way to the georgia supreme court, who sided with me and then hit him with a 100.00 frivilious appeals fine which i collected. I believe i was the first person in georgia to collect money like that from a law they had just passed about frivilous appeals the year before.

**summerof2008** · 07-04-2006, 03:17 PM

Glasses can be custom made yes, it can be very expensive. But a pair of Tag eyeglasses and a regular 1.67 lens could be cut total cost around 180. I dont mind paying a 300 making 30-50% on eyeware is acceptable to me but no way i am going to pay 477 and another 359 total of 836. There is a chance I will win because under NY state Law I have the right to get money back within 20 days if he did not have a store policy posted in the store. Wich he did not at the time of purchase and I also have two cops who can comfirm that for me.