Reclamo N° 378345

Reclamo N° 378345

Olga
12 Ottobre 2026
From (Complainant): Olga Shugusheva, Azamat Shugushev Country of residence: Republic of Kazakhstan, Almaty Address: Askarova 21/7 apartment 8 ID 050064 Phone / WhatsApp: + 77019240404 E-mail: [email protected] Against (Trader): Boni&Boni Ottici, optical store, Rimini, Italy Address: [to be completed] WhatsApp: +39 340 735 2006 COMPLAINT regarding optical lenses manufactured contrary to the prescription and the trader’s failure to refund the purchase price Dear Sir or Madam, I am writing to request your assistance in resolving a dispute with the optical store Boni&Boni Ottici in Rimini (the “Store”), which manufactured prescription lenses incorrectly, acknowledged the error and agreed in writing to refund the price, but has since refused to make the refund. 1. Facts 1. On 24 August 2026 I sent the Store the ophthalmological prescription issued to my family member, Mr. Azamat Shugushev, by the optical clinic Actual Optic (Almaty, Kazakhstan; doctor: Voronina Nadezhda), and paid the Store EUR 280 for the manufacture of the lenses. 2. The prescription document consists of two parts: (a) the final prescription for glasses (“Prescription Glasses No. 1”), which specifies, among other things, a “Relax” lens designed to support accommodation; and (b) a separate printout of the automatic refractometer measurements (Huvitz device), which is preliminary diagnostic data and not a prescription. 3. The Store’s optician manufactured the lenses on the basis of the automatic refractometer data instead of the final prescription. As a result, the lenses delivered to us (via an intermediary, by EMS courier) did not correspond to the prescription and could not be used. 4. I immediately informed the Store of the error. On 18 September 2026 the Store replied in writing via WhatsApp (in Italian): “E una lente a supporto accomodativo, non riusciamo a farla con il cliente a distanza perché vanno prese le centratura sulla montatura. Per questo motivo decidiamo di darle i soldi indietro” (“It is an accommodation-support lens; we cannot make it with the customer at a distance because the centring must be taken on the frame. For this reason we have decided to give you your money back”). 5. On the same day I provided the Store with my Visa card details and bank details (Bank CenterCredit, Almaty; beneficiary: Shugusheva Olga) for the refund. The Store replied “Ok” and stated that it would contact its bank on Monday about how to make the payment. 6. Following the Store’s instructions to send back the lenses and provide the shipping receipt, I sent the lenses back to the Store immediately. According to the tracking information, the parcel left the Almaty sorting centre on 18 September 2026 and on 21 September 2026 was presented to the import customs authority. Tracking number: [to be completed]. 7. On 29 September 2026 the Store changed its position and wrote: “la rimborseremo quando le lenti arrivano” (“we will refund you when the lenses arrive”), and later: “Aspettiamo merce” (“We are waiting for the goods”). 8. I informed the Store several times that the parcel is held at customs in Italy and that, as the consignee, the Store must contact the carrier (SMS Express) and provide its details to complete the customs declaration. The Store has taken no action to collect the parcel and, as of the date of this complaint, has not refunded any amount. 2. Grounds of the complaint The lenses were not manufactured in accordance with the prescription provided to the Store; the defect resulted solely from the Store’s error in reading the prescription. The goods therefore did not conform to the contract. The Store expressly acknowledged that it could not supply the prescribed lens and unconditionally undertook to refund the price on 18 September 2026. The subsequent condition (“when the lenses arrive”) was imposed only after I had returned the goods, and the delay in delivery is caused exclusively by the Store’s own failure to complete the customs formalities for a parcel addressed to it. I consider the Store’s conduct to be in breach of the consumer protection rules applicable in Italy and the European Union to traders selling goods to consumers, including foreign consumers. 3. Request I kindly ask the Centre to: 1. contact Boni&Boni Ottici and assist in obtaining a refund of the full purchase price of EUR 280 to the bank details provided to the Store on 18 September 2026; 2. assist in obtaining reimbursement of the costs of returning the defective lenses, amounting to [to be completed]; 3. require the Store to collect the returned parcel from customs or, if the Store refuses, to confirm that its refusal to collect the parcel does not release it from its obligation to refund; 4. inform me of the results of the review of this complaint and, if necessary, of the competent authority or out-of-court dispute resolution body to which the matter may be referred. I am ready to provide any additional documents or information. Correspondence may be conducted in English. Attachments 1. Copy of the prescription issued by Actual Optic (Almaty), including the automatic refractometer printout. 2. Proof of payment of EUR 280 [to be attached]. 3. Screenshots of the WhatsApp correspondence with Boni&Boni Ottici (18 September – 12 October 2026). 4. Return shipment tracking information showing that the parcel was presented to import customs on 21 September 2026. 5. Copy of the Complainant’s identity document [to be attached]. Date: 12 October 2026 Signature: Olga Shugusheva
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