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No. DSR's are a no fault route to a refund. This is generally straightforward, but more difficult in the case of goods such as headphones where - as in your case - the supplier can try wriggling out of accepting a return on grounds of hygiene.
Your actual reason for return is 'Not fit for purpose'. You have a reasonable expectation that you can wear them while jogging. Assuming you are wearing them correctly, the fact that they fall out means that they are not fit for purpose.
Except as has been explained in this thread that not being fit for purpose for one individual does not necessarily mean they are not fit for purpose as a product.
I will give you an example, I buy a pair of trousers that are 28inch waist. I am 30inch they don't fit but it doesn't make them not fit for purpose.
I'd not expect these to stay in the ears of Usain Bolt when he is in full flow, doesn't mean they are no fit for purpose for running etc.
I think the DSR route if still available will be a lot easier to get a refund out of.Thinking critically since 1996....0 -
thanks to all for advise, after pointing out what ive been told here about there being no exemptions for hygeine i received an email with an rma and today a full refund appeared in my bank, so thank you all0
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