Headphones keep breaking, what am I entitled to by law?

deepindebtor

Hi,

I purchased a fairly decent pair of Sennheiser headphones which cost a reasonable amount of money, more than your average pair.

I love them, the audio quality is amazing but they have a design issue.

Part of the headphone swivels and it puts pressure on another part, which over time begins to crack, the small hairline crack spreads and in the end they fall to pieces, with one headphone coming away completely.

I have already returned a pair and had a replacement set, this replacement set has done EXACTLY the same thing.

I spoke to Sennheiser who has offered to replace them again, but my issue is, the warranty is due to run out in about a months time and I am worried that exactly the same thing will happen a third time, as it is pretty clear it is a design issue and not a manufacturing one, so the same thing is VERY likely to happen again.

I am wondering where I stand?

If I get the replacement set and they break in the same way, what can I do once the warranty has expired?

They did say I could get an alternate model if I paid the difference but the only model that uses a different form of mounting is two models up, which would be an extra £180, which is just too much, simply so I can have a working, pair of headphones that will last a reasonable time.

I did offer to meet them half way as this stems from their design issue, not my need or want of anything higher up the scale, but they refused.

I can't say I am happy, I paid and expected the headphones to last at least a reasonable amount of time, especially as this was one of their higher end pairs, not a £20/£40 pair.

I don't know where I stand, what does the law say and how can I make Sennheiser do the right thing and either just replace them with something that won't break in a couple of months or at the very least meet me half way on this huge price to get a working pair? I think I am being reasonable to even offer to pay half am I not?

Your advice appreciated as I am stuck with this as Sennheiser won't budge.

somethingcorporate

Under the SOGA you are entitled to a refund / replacement / repair.

You have no others rights, least of all to make them give you a more expensive pair than the one that you paid for.

deepindebtor

somethingcorporate wrote: »

Under the SOGA you are entitled to a refund / replacement / repair.

You have no others rights, least of all to make them give you a more expensive pair than the one that you paid for.

That doesn't answer my question though, did you read my original message?????

What happens after the warranty expires is my main worry, here we have an item that has a fault that will cause it to break under "normal" usage.

I tried to explain that I am not trying to go up to a higher model for any other reason than to get a model that will not break under normal usage. The immediate model up has the same mounting and is therefore going to suffer the same problem.

If I get this second replacement, my third pair of headphones and they break, the warranty is over, where do I stand, I mean I have therefore NEVER had a pair that was fit for the purpose have I?

They offered me an upgrade, which is all well and good, but then I am paying to sort their faults out, am I not? Doesn't seem all that fair, hence my offer to meet them half way.

Again, I could not care less about the upgrade, I want to know where I stand with my current model (which I am happy with apart from the continual breaking!) and what happens after the warranty expires.

Thanks

somethingcorporate

Regardless of the warranty you are covered under the SOGA which gives you rights against the retailer not against the manufacturer.

This doesn't have an 'expiry' per se, it all comes down to the cost, nature etc of the item.

Where did you buy them?

Dreamnine

Sennheiser are normally very good. I bought the ie8s last winter - they have replaceable cables.

I don't think you can expect much more - I don't know of any other headphone/iem manufacturer that has a 2 year guarantee.

deepindebtor

somethingcorporate wrote: »

Regardless of the warranty you are covered under the SOGA which gives you rights against the retailer not against the manufacturer.

This doesn't have an 'expiry' per se, it all comes down to the cost, nature etc of the item.

Where did you buy them?

Amazon but via the Marketplace.

Swan_2

I don't have anything to offer on the legal front, but I'm curious about what model they are, as I had a pair of HD555's that gradually cracked & ended up with the 'speaker' part on each side dangling by the wires, this was after only 6-7 months of use

I did get a replacement under warranty but have hardly used them since, & I'm still wondering whether it's a design fault or not :think:

deepindebtor

Swan wrote: »

I don't have anything to offer on the legal front, but I'm curious about what model they are, as I had a pair of HD555's that gradually cracked & ended up with the 'speaker' part on each side dangling by the wires, this was after only 6-7 months of use

I did get a replacement under warranty but have hardly used them since, & I'm still wondering whether it's a design fault or not :think:

SNAP...ooh bad word to use! LOL

Yes mine are the same model, I have had two pairs that cracked and then fell apart, yes they last about 6 months.

moonrakerz

somethingcorporate wrote: »

Regardless of the warranty you are covered under the SOGA which gives you rights against the retailer not against the manufacturer.

This doesn't have an 'expiry' per se, it all comes down to the cost, nature etc of the item.

Where did you buy them?

I really do wish people would stop (MIS!) quoting the Sale of Goods Act !

SOGA gives you the right to claim damages (NOT "refund / replacement / repair") from the retailer for 6 years after purchase.
However you might well have to take action in the small claims Court to get these outside of the warranty period. Depends mainly on the attitude of the retailer.
If this fault is recurrent, which it appears to be, it might be worth you putting your concerns in writing to the retailer (send by recorded delivery). If you then get further problems you do have something to back you up.

This is quite a good precis of SOGA.

http://webarchive.nationalarchives.gov.uk/+/http://www.berr.gov.uk/whatwedo/consumers/fact-sheets/page38311.html

PS: I have a pair of 555s, they are still in one piece - so far !!!!

lucylucky

You need to get Sennheiser to admit that there is a design flaw, which may not be an easy thing to do.

I had a look at some reviews and there doesn't seem to be a huge amount of evidence in your favour, not that I am saying you are wrong, but there is not much documentation to back it up.

Swan_2

deepindebtor wrote: »

SNAP...ooh bad word to use! LOL

Yes mine are the same model, I have had two pairs that cracked and then fell apart, yes they last about 6 months.

lol @ your SNAP

that's so interesting that it's the same model you've had trouble with

I got them for my son & tbh, I was worried perhaps his head was too big for them which is why the new pair are lying in a cupboard hardly used, he's now got some £20+ Sonys because they won't cost much to replace (but they haven't broken)

anyway, I wonder how many other people have had trouble with the HD555s?

I bought mine from Amazon, & when I asked for a replacement, they tried to get me to deal directly with Sennheiser, I declined & pointed out to Amazon that my contract was with them, they then replaced the headphones without any futher quibble

although I didn't deal directly with Sennheiser, surely they must be aware when goods are returned as faulty?
it seems too coincidental that we've both had the same issue with the same item, I wonder is it a bad design? or a bad batch?

I bought the first pair in March '09 & eventually got the replacements in November '09