Rights to refund?

bronzemonkey

About 10 days ago I bought a gift, a set of mp3 headphones, from an electronics retailer. I went in there asking them for a set of quality headphones for a DJ. They told me to get the CX500 model as it was top of the range. So I did.

The recipient of the gift was a DJ who very apologetically told me that the sound quality was inferior to the CX300 model he already had. He commented on the very poor bass frequencies of the headphones.

I took the headphones back to the store today and asked for a refund. The store assistant refused, told me that the recipient of the gift was a liar for claiming that the CX500 sound quality was inferior to the CX300, and said that I should send the headphones back to the manufacturer if I thought they were faulty. He also said that the headphones could not be refunded because the packaging was open and they were "consumables".

I've had a read of some of the legal advice from Trading Standards but I'm still not sure what my options are. I was hoping to get some advice.

Is it impossible to get a refund simply because the packaging was open? Where do I stand if the product is not defective but simply inferior to the "lesser" model? Is the trader right to send me off to the manufacturer and claim that they refuse ALL refunds on all equipment in their store?

KILL_BILL

no you cant get a refund if the receiptn "didnt like them"

if he is a dj then he would of known what the sound quality of the headphones where like before he opened the packaging

bronzemonkey

He has the model below this set, which is advertised as the top of the range, and yet when he used them they were inferior to the "lesser" model. I'm not sure how he could have known that before listening to music with them.

It's not that he simply "didn't like them". The quality of the sound is poor despite the fact that it is meant to be an improvement over his existing headphones.

Chester_Draws

I dont profess to be able to quote law, and would welcome comment from those able to do so.
However, if you visit the Sennheiser website, you can see the technical data for the CX300 and the CX500.
The CX500 shows that it has a higher/lower range of frequency response.
Therefore everything suggests you have a faulty set of headphones.

I would have thought that the onus is on the retailer to prove to you that they are not faulty, or you are entitled to a refund.

I welcome being corrected if wrong though.

uktim29

KILL_BILL wrote: »

if he is a dj then he would of known what the sound quality of the headphones where like before he opened the packaging

No, I DJ & don't know what every single set of headphones is like!

However if you are a DJ you don't let anyone else buy you headphones, they won't know what they're doing. Also the headphones listed above by the op are not ideal for dj'ing so I'm not sure why he bought them (or had them bought)? For dj'ing you want something made by either Numark, Gemini or Technics really (and a few other specialist brands). Top of the range headphone cost somewhere between £100 & £300 pounds, the ones listed above Seem to average around only £40.

dmg24

I do wonder if the store recommended the best headphones for a DJ, given the budget that the OP had stipulated? If the OP had been willing to spend £300, it is likely that the recommendation would have been different.

I know nothing about DJing, but would be very surprised if you could get something of a professional standard for £40.

bronzemonkey

uktim29 wrote: »

Also the headphones listed above by the op are not ideal for dj'ing so I'm not sure why he bought them (or had them bought)?

Yeah, he already has top quality DJ headphones for his actual work. I just wanted to get him some really good headphones for his ipod (see first line of original post about "mp3 headphones") within my budget of £50.

dmg24 wrote: »

I do wonder if the store recommended the best headphones for a DJ, given the budget that the OP had stipulated? If the OP had been willing to spend £300, it is likely that the recommendation would have been different.

That's right. I said I had £50 to spare on headphones for his ipod, that he was a dj, and that he would appreciate some good quality earbuds. They were selling the CX500s for £70 but said they would knock the price down to £50 and repeatedly said they were "top of the range", "the best you can get", etc. I knew that the CX300s were very good and simply took their advice to get the CX500s, thinking they would be appreciated...and they were until the recipient noted the poor sound quality.

I had a quick listen to them today and the quality is well below even my two-year-old £15 Creative ear-buds. The sound is flat and tinny, no bass, sounds a bit like you're in a tunnel or distant from the music.

The trader was pretty aggressive in their stance. Smirking when I initially inquired about a refund, before calling me a liar and telling me to send them off to the manufacturer if I thought they were faulty. He also claimed that the goods were "consumables" because they wear down over time and that no refunds were given on consumables...which he admitted meant no refunds on anything in their store.

Thank you for the advice to date. If I assume that the headphones are faulty how can I go about getting this trader to give me a refund?

Sssssss

so if they are for his ipod and not for his work, why can't he keep them, talk about being ungrateful being given a gift

dangeroussports

To the OP,

He doesnt like you. Thats why he said that the gift you brought him was pathetic in comparison to what he already has. He doesnt like you or find your gift pleaseant.

I would tie the headphones around his neck and ......

dmg24

I have to admit that he does sound ungrateful. I would have thanked you, and then sold them on ebay.

What you are describing does not sound right, so I would put aside the fact that your friend is a DJ, and just focus on the item not being fit for purpose.

Is the shop an independent retailer, or part of a chain?

bronzemonkey

Well since he is my brother, I'd be a bit surprised to find out that he doesn't like me after all these years

He was just being honest and said not to worry about it, thanks, and that he had hoped they would be better because he always likes to upgrade his audio experience. I insisted that I'd get them refunded and find him something else because it was ridiculous to have a "top of the range model" providing such poor sound quality.

Obviously ebay is a last resort, but the packaging for the CX500s is notoriously bulletproof and involves total destruction of the plastic to get inside...I'd rather get a full refund for a poor product than pass a poor product (with no packaging) onto an unlucky buyer.

The shop is an independent retailer I believe. Has anyone had any successful experiences getting refunds for faulty products from traders who simply refuse to do so? Given the manufacturer's claims and the clear inferiority of the sound compared to even my budget ear-buds, I'd say it is pretty difficult for the trader to prove the goods are NOT faulty. But again, I'm just wondering about how I am going to be successful in the face of a "no refunds" mantra even if I am owed a refund.