Headphone damage – possible to return?

AndrewAfresh

[FONT=&quot]I bought a pair of Dr Beats headphones for £140 thinking they be better quality than a cheap pair. After 4 months, they have developed a cut/nick just below where the cable goes into the ear piece, I believe because the cable is flat instead of round so it is more likely to tear.[/FONT]
[FONT=&quot]
I went to the retailer (HMV) who said it was due to damage or my fault or something and that I should call the manufacturer.[/FONT]
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Is that the best thing to do? Thank you for any help
[/FONT]

unholyangel

Who looked at it from the retailers end? If it was a cashier/assistant, I'd try again - this time asking to speak to the manager and making it clear within the first 6 months its up to them to prove the fault isnt inherent.

If its already a manager/repair technician thats said that, you may need to get an independent report (cost of which would be refundable if found in your favour) to show the fault is inherent or you can try the manufacturer and see if they will repair it under warranty FOC (read your warranty info - specifically anything they say about physical damage).

maninthestreet

Your contract is with HMV, not the manufacturer. As HMV seem to have admitted the headphones could be faulty, they should be offering you either a repair, replacement or your money back.

wealdroam

maninthestreet wrote: »

Your contract is with HMV, not the manufacturer. As HMV seem to have admitted the headphones could be faulty, they should be offering you either a repair, replacement or your money back.

I read it that HMV were saying that the damage was caused by the user, and as such they were not prepared to help.
If the dameage was caused by misuse, then HMV do not have to provide a remedy.

HMV seemed to be suggesting that the OP might like to contact the manufacturer to see if they got a different answer.

rustyboy21

Couldn't all this be hypothetical anyway? What I mean is didn't HMV go bust and then reopen some of the stores?

Did they agree to honour any warranty issues for the old company? Cant remember if that was longer than 4 months ago.

It might be easier just contacting dr beats, you may get a faster, more favourable conclusion.

frugal_mike

rustyboy21 wrote: »

Couldn't all this be hypothetical anyway? What I mean is didn't HMV go bust and then reopen some of the stores?

Did they agree to honour any warranty issues for the old company? Cant remember if that was longer than 4 months ago.

It might be easier just contacting dr beats, you may get a faster, more favourable conclusion.

The warranty is irrelevant as faulty goods are covered under the Sale of Goods Act. I have no idea whether the current HMV is legally liable for the previous HMV's legal obligations, but if I had to guess I'd say yes they would be.

I'm sure someone more knowledgeable will have the definitive answer though.

SuperHan

HMV aren't liable for any pre administration sales.

Your claim would be with the old HMV, which makes you an unsecured creditor in a long line. Anything the new HMV do for you is a goodwill gesture, as you have no contract with that company, they are simply trading under the same name (unless it is the same company, but the way administration works, that's unlikely).

It may be worth contacting Beats. As a 'premium' they're likely to want to protect their image.

kezzygirl

AndrewAfresh wrote: »

[FONT=&quot]I bought a pair of Dr Beats headphones for £140 thinking they be better quality than a cheap pair. After 4 months, they have developed a cut/nick just below where the cable goes into the ear piece, I believe because the cable is flat instead of round so it is more likely to tear.[/FONT]
[FONT=&quot]
I went to the retailer (HMV) who said it was due to damage or my fault or something and that I should call the manufacturer.[/FONT]
[FONT=&quot]
Is that the best thing to do? Thank you for any help
[/FONT]

Don't spend such a large amount on headphones!;)

custardy

frugal_mike wrote: »

The warranty is irrelevant as faulty goods are covered under the Sale of Goods Act. I have no idea whether the current HMV is legally liable for the previous HMV's legal obligations, but if I had to guess I'd say yes they would be.

I'm sure someone more knowledgeable will have the definitive answer though.

No they aren't
Its the 1st thing the administrators do
shut down company acme and create company acme1

MSE_HMV_FAQ wrote:

Q. Can I take faulty items back?

Deloitte confirmed on 4 February that HMV is not accepting returns for items bought before 5pm on Tuesday 15 January, when HMV went into administration, regardless of the reason.

For goods bought after 5pm on 15 January, you can take them back within two weeks of purchase for an exchange if the item is in perfect condition, or for a refund if faulty.

Normally, you have a right to return faulty items (you don't have a legal right if you change your mind, but some stores accept returns or exchanges in these cases out of goodwill) but once a company is in administration, you join the queue to get money back, like everyone else owed.

If the item is under warranty, you can ask the manufacturer to fix or replace it, or claim via your card company (see below).

If all else fails, you will need to make a claim to the administrators for your money, but be warned, it is highly unlikely you will get all your money back. See the Deloitte Q&A to make a claim.

http://www.moneysavingexpert.com/news/shopping/2013/01/hmv-to-go-into-administration-your-rights

pulliptears

kezzygirl wrote: »

[/B]

Don't spend such a large amount on headphones!;)

I'm sure the OP can spend his hard earned on what he likes, just because YOU wouldn't pay that much for a set of headphones doesn't mean anyone else shouldn't