Returning products from blister packets

deed02392

My friend bought some headphones, £90 from HMV last Saturday. We want to return it tomorrow, that being 7 days.

However for some stupid reason it was sold in those god awful blister packs, i.e. the original packaging is destroyed now. Are we able to return the item? He is very disappointed with the quality of the headphones but is now in the position he would prefer his money back.

Is that possible? What are his rights?

McKneff

Bought on line or in the shop.

cardinalbiggles

deed02392 wrote: »

My friend bought some headphones, £90 from HMV last Saturday. We want to return it tomorrow, that being 7 days.

However for some stupid reason it was sold in those god awful blister packs, i.e. the original packaging is destroyed now. Are we able to return the item? He is very disappointed with the quality of the headphones but is now in the position he would prefer his money back.

Is that possible? What are his rights?

This is probably junk however hypothetically unless HMV were going to crack open those blister packs in the shop for you it would not be unreasonable to return them, you do have to have the opportunity to inspect the goods. Same happens with clothes shops that refuse to let you use changing rooms during sales etc. etc. they really have no reason to refuse a full refund should you get home and things don't fit.

Problem here is not asking to see them out the pack in store.

My impression is that HMV seem an ok company, perhaps if there was something else your friend wanted they may exchange.

Meepster

cardinalbiggles wrote: »

This is probably junk however hypothetically unless HMV were going to crack open those blister packs in the shop for you it would not be unreasonable to return them, you do have to have the opportunity to inspect the goods. .

Every HMV I've been in has a set of every headphones on display, so they can be inspected before purchase.

The only way I could see them taking them back is either a) goodwill or b) if the product the OP has differs in quality from the display model...

CoolHotCold

Meepster wrote: »

Every HMV I've been in has a set of every headphones on display, so they can be inspected before purchase.

The only way I could see them taking them back is either a) goodwill or b) if the product the OP has differs in quality from the display model...

Ahhh Meepster, therin lies the problem, there's always a slight difference due to the way headphones and earphones are manufactured, very slight and probably not noticeable to most/everyone bar a electronic inspection but I'm splitting hairs.


Also, In ear earphones are excluded from the Distance Selling Regulations if opened, doesn't apply to this case but thought I'd share.

wealdroam

CoolHotCold wrote: »

Also, In ear earphones are excluded from the Distance Selling Regulations if opened, doesn't apply to this case but thought I'd share.

Really?

I guess you are saying this is due to hygiene issues?

There is nothing in the DSRs that exclude this type of thing.

CoolHotCold

Exactly, due to the nature of in-ear earphones they come in contact with various personal body fluids. It's essentially a item that can be excluded from the DSR due to hygiene reasons.


You could, or the retailers could argue this extends to items like iPods or MP3 players that have earphones included.

ThumbRemote

CoolHotCold wrote: »

Exactly, due to the nature of in-ear earphones they come in contact with various personal body fluids. It's essentially a item that can be excluded from the DSR due to hygiene reasons.

There is no exclusion for hygiene reasons in the DSRs

Slowhand

CoolHotCold wrote: »

Exactly, due to the nature of in-ear earphones they come in contact with various personal body fluids. It's essentially a item that can be excluded from the DSR due to hygiene reasons.


You could, or the retailers could argue this extends to items like iPods or MP3 players that have earphones included.

A guide for businesses on distance selling:-

http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf

3.42
We are conscious of concerns about reselling items which may raise

concerns about hygiene. However, the DSRs do not link cancellation

rights with a supplier’s ability to resell items as new.

CoolHotCold

Exceptions to the right to cancel


13.—(1) Unless the parties have agreed otherwise, the consumer will not have the right to cancel the contract by giving notice of cancellation pursuant to regulation 10 in respect of contracts—

(a)for the supply of services if the supplier has complied with regulation 8(3) and performance of the contract has begun with the consumer’s agreement before the end of the cancellation period applicable under regulation 12;

(b)for the supply of goods or services the price of which is dependent on fluctuations in the financial market which cannot be controlled by the supplier;

(c)for the supply of goods made to the consumer’s specifications or clearly personalised or which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly;

(d)for the supply of audio or video recordings or computer software if they are unsealed by the consumer;

(e)for the supply of newspapers, periodicals or magazines; or

(f)for gaming, betting or lottery services.

Specifically section (c) would be my argument. it doesn't state anything, but earphone or other items that come into contact with various body fluids would come under "by reason of their nature cannot be returned"

unholyangel

CoolHotCold wrote: »

Specifically section (c) would be my argument. it doesn't state anything, but earphone or other items that come into contact with various body fluids would come under "by reason of their nature cannot be returned"

OFT's Distance Selling Explained (its a downloadable word document) states:

goods that, by reason of their nature, cannot be returned, for example, where returning the goods is a physical impossibility or goods that cannot be restored to the same physical state they were supplied in, such as nylon tights that become distorted once worn. Hygiene related goods do not fall within this category – see the Items that raise health and safety concerns section for more information.

Just in the interest of information, the health and safety section states this:

Items that raise health and safety concerns

Unless they fall under one of the exemptions (see When customers do not have a right
to cancel), such goods can be returned. The right to cancel is not linked to the ability to resell goods. The right to cancel does not apply to goods which by their nature cannot
be returned. We consider this to apply only where returning the goods is a physical impossibility or where they cannot be restored in the same physical state as they were supplied, for example, items such as latex or nylon tights that could become distorted
once worn.

You may give clear instructions to customers requiring them to exercise reasonable care,
if they still allow inspection. For example, in the case of goods such as earrings that have hygiene seals, you may state that the seals should not be removed when examining them. If selling such items, you should factor this into packaging, instructions and price. Failure by the customer to follow the instructions will not prevent them returning the goods, but will give you a claim for breach of duty.