Legal Question in Consumer Law in Texas

Full Refund

I bought a pair of prescription sunglasses back in June. I could not see out of them. The cost of the sunglasses was $458.00. The doctor told me I could pick out a different pair of frames, send them back to the lab, and see if that would work. After going through a big ordeal of trying to find a pair of frames that would work with my prescription, the doctor told me if this did not work, I could not get a full refund on what I had paid for the first pair. I couldn't believe it! I then told her to forget trying another frame and to just give me my refund right then. She said I would have to come back to her office the next day. I had to work, so my mom went to get the check. It was for $320.00; not for $458.00 that I had already paid the doctor. My mom was told that a ''deal'' had been made with the lab, and they would not refund the full amount of the lenses. I didn't know about the ''deal'' the Dr.'s office had made with the lab and I didn't sign anything.Shouldn't I be entitled to the full refund? Please help.

Thank you

I have written the doctor about this situation, but I have received no response from the doctor.


Asked on 8/10/04, 5:17 pm

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: Full Refund

It all depends upon what you mean by "you couldn't see out of them." If the lenses were opaque so light couldn't be transmitted, that's one thing. If they were mis-ground such that the prescription was improper, that's something else. But the shifting frames sounds more like a question of comfort rather than vision.

Obviously if the glasses were dark enough to see a solar eclipse or watch arc-welding, that's too dark and it's their problem. If you picked the tint, that's your problem.

If the lenses were mis-ground such that they weren't to your prescription, that's their problem and you're entitled to your money back.

If it's a question of comfort, that's a mix unless you tried and picked the frames.

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Answered on 8/10/04, 5:36 pm


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