Can't return headphones?

iviv

Yesterday I bought a pair of headphones from HMV to replace the old pair that had died. They only had one type that went around the back of the head, as opposed to the annoying in-ear ones, or the ones that go over your head. And unlike the previous pair I had, they didn't loop over the ear to stay in place, instead they stay on simply by the shape of them, so they are supposed to squeeze onto your ears. Nice idea.
Got home, and went out running with them, and they kept falling off, since there isn't anything really holding them in place. Perhaps I have a small head?
Put them back in the box, went back to HMV today and they say they can't give me a refund or anything since they've been on my ears, which is a health risk or something. And while this makes sense, I've just spent £25 on a pair of headphones which are useless for me.

Can't find anything about this online, though I could well be looking in the wrong places. Also, I'd like this resolved tomorrow, as the day after I'm going back to university.

dag_2

You could just lie, and say you haven't worn them ... how would they know? Do they take swabs and send it off to a forensic lab?

The Glastonbury Festival silent disco springs to mind. This was an event where clubbers on the dancefloor were forced to make do with radio headphones because environmental health authorities said that the thumping bass late at night would be too much of a disturbance for local residents.

I would have thought that for hygiene reasons, the Glastonbury promoters would only have given out disposable headphones, which you fling in the bin at the end of the night. But apparently not; apparently, they wanted them back when the clubbers had finished with them, either at the end of the night, or when they simply got bored and wanted to sleep instead. And remember, we're talking about festival-goers here, the fields are muddy, and the revellers can hardly be described as being well scrubbed!

So if the Glastonbury promoters can take back used headphones, I want to know why HMV can't.

iviv

dag wrote: »

You could just lie, and say you haven't worn them ... how would they know? Do they take swabs and send it off to a forensic lab?

The Glastonbury Festival silent disco springs to mind. This was an event where clubbers on the dancefloor were forced to make do with radio headphones because environmental health authorities said that the thumping bass late at night would be too much of a disturbance for local residents.

I would have thought that for hygiene reasons, the Glastonbury promoters would only have given out disposable headphones, which you fling in the bin at the end of the night. But apparently not; apparently, they wanted them back when the clubbers had finished with them, either at the end of the night, or when they simply got bored and wanted to sleep instead. And remember, we're talking about festival-goers here, the fields are muddy, and the revellers can hardly be described as being well scrubbed!

So if the Glastonbury promoters can take back used headphones, I want to know why HMV can't.

They said that I'd opened them, which was enough
I'm going to print off the page of the sale of goods act that says they must refund if its not fit for purpose, and ask them (probably get a manager) to show where in the law it says they can refuse on grounds of them being worn.
Unless anyone else knows something I don't?

dursley.donkey

I think the sale of goods act says they must be fit for the purpose for which they were sold. If that purpose was for listening to music, then they probably are. If that purpose was for staying on your head when you go jogging then you may have a case. Did you actually ask for something to go jogging in, or did you just ask for headphones?

iviv

dursley.donkey wrote: »

I think the sale of goods act says they must be fit for the purpose for which they were sold. If that purpose was for listening to music, then they probably are. If that purpose was for staying on your head when you go jogging then you may have a case. Did you actually ask for something to go jogging in, or did you just ask for headphones?

Unfortunately, I didn't ask at all. Just went to the headphone section, picked them up and paid.
And couldn't you argue that headphones are for listening on the move, which these aren't really?

dmg24

iviv wrote: »

Unfortunately, I didn't ask at all. Just went to the headphone section, picked them up and paid.
And couldn't you argue that headphones are for listening on the move, which these aren't really?

I am with dursley.donkey on this one, you did not specify an (arguably) specialist purpose when buying them, and therefore are not covered by SOGA. Are you able to walk whilst wearing them?

uktim29

iviv wrote: »

They said that I'd opened them, which was enough
I'm going to print off the page of the sale of goods act that says they must refund if its not fit for purpose, and ask them (probably get a manager) to show where in the law it says they can refuse on grounds of them being worn.
Unless anyone else knows something I don't?

That won't work. It's fit for purpose in a general sense. If they keep falling out of your ears because you're running around that doesn't mean they're not fit for purpose. You probably need to push them in a bit more.

chuckley

did u insert them properly into ur ear?

some take a while getting used to...

uktim29

chuckley wrote: »

did u insert them properly into ur ear?

some take a while getting used to...

More or less what I was getting at. If they're falling out, you haven't pushed them in hard enough. If you don't like that idea you shouldn't have bought them. Theres no fit for purpose case here.

timcrips

what about just taking them back and saying they are broken and therefore inside consumer act due your money back... (they are kinda broken in that they are poo)

uktim29

timcrips wrote: »

what about just taking them back and saying they are broken and therefore inside consumer act due your money back... (they are kinda broken in that they are poo)

What if they test them?