Returning Headphones - my rights?

Legacy_user

Ok, I'm going to try returning headphones to Currys today.

It states in their return policy that 'you cannot return any opened or used goods'.

By Consumer laws is this above statement fully above board?


OK. So, the headphones came in a box which simply has one of those security stickers over the opening. So the only outcome of me opening the item is that the security sticker has been cut at the join to the opening. No damage done to the box.

The headphones have been used, but only to use them once, for me to then realise they are not what I want. So no damage or wear from using them one time.


The reason I'm returning them is because of several reasons.

-There is a static noise coming through the headphones, (they are wireless headphones), wherever I go in the house the static is there.

-The headphones emit a lot of sound, sound is not contained. Anyone can hear what your listening to, even on the lowest volume setting.

I have also realised I don't really need them even if they were doing the things I expect of them. I am a little concerned that if I make the 2 complaints above about volume and static - they may test the headphones and somehow fix these issues. Even if they fixed them - I still don't want them.

What things do I need to say to them as a consumer to get them to refund me if they are awkward about it. Is there some sort of magic words like "under my consumer rights I'm entitled to.....etc ?


Please help. Thanks.

visidigi

Bought online or instore?

System

they were purchased instore

Geodark

dburford9 wrote: »

Ok, I'm going to try returning headphones to Currys today.

It states in their return policy that 'you cannot return any opened or used goods'.

By Consumer laws is this above statement fully above board?


OK. So, the headphones came in a box which simply has one of those security stickers over the opening. So the only outcome of me opening the item is that the security sticker has been cut at the join to the opening. No damage done to the box.

The headphones have been used, but only to use them once, for me to then realise they are not what I want. So no damage or wear from using them one time.


The reason I'm returning them is because of several reasons.

-There is a static noise coming through the headphones, (they are wireless headphones), wherever I go in the house the static is there.

-The headphones emit a lot of sound, sound is not contained. Anyone can hear what your listening to, even on the lowest volume setting.

I have also realised I don't really need them even if they were doing the things I expect of them. I am a little concerned that if I make the 2 complaints above about volume and static - they may test the headphones and somehow fix these issues. Even if they fixed them - I still don't want them.

What things do I need to say to them as a consumer to get them to refund me if they are awkward about it. Is there some sort of magic words like "under my consumer rights I'm entitled to.....etc ?


Please help. Thanks.

So why don't you want them even if they are fixed? Unfortunately you have no consumer rights that allow for change of mind.

frugal_mike

dburford9 wrote: »

Ok, I'm going to try returning headphones to Currys today.

It states in their return policy that 'you cannot return any opened or used goods'.

By Consumer laws is this above statement fully above board?

If that was all their returns policy stated then it would not be above board, but that is because you are legally allowed to return goods if they do not conform to contract.

However it is perfectly above board for a shop to refuse to refund any goods bought in-store if they conform do conform to contract (i.e they are as described and not inherently faulty etc).

dburford9 wrote: »

OK. So, the headphones came in a box which simply has one of those security stickers over the opening. So the only outcome of me opening the item is that the security sticker has been cut at the join to the opening. No damage done to the box.

The headphones have been used, but only to use them once, for me to then realise they are not what I want. So no damage or wear from using them one time.

If you have removed the seal then they will be considered used. Afterall, that is why the seal is there in the first place. Curry's will not be able to sell them as new anymore, so if you are simply changing your mind then I expect Curry's will refuse to accept them back.

dburford9 wrote: »

The reason I'm returning them is because of several reasons.

-There is a static noise coming through the headphones, (they are wireless headphones), wherever I go in the house the static is there.

-The headphones emit a lot of sound, sound is not contained. Anyone can hear what your listening to, even on the lowest volume setting.

I have also realised I don't really need them even if they were doing the things I expect of them. I am a little concerned that if I make the 2 complaints above about volume and static - they may test the headphones and somehow fix these issues. Even if they fixed them - I still don't want them.

What things do I need to say to them as a consumer to get them to refund me if they are awkward about it. Is there some sort of magic words like "under my consumer rights I'm entitled to.....etc ?


Please help. Thanks.

How long have you had the goods for? Under the Sale of Goods Act you are entitled to reject goods that do no conform to contract and get a full refund, but only if the goods have not been 'accepted' yet.

Acceptance is triggered by a number of things, but mainly the passage of a reasonable amount of time. A 'reasonable' time is not yet strictly defined in law and would be judged on a case by case basis, but I believe in the near future it will be set as a minimum of 30 days. From your OP it sounds to me like it is a recent purchase, so you could probably argue that the goods are not accepted yet.

If acceptance has occurred then the store has the option of a refund, replacement or repair. You can specify which option you would prefer, but cannot force them into an option that is disproportionately costly. Also, any refund can be partial to take into account usage if they go for that option.

However you can only do this if the goods are inherently faulty. Unless they are advertised as being silent to other people when in use then I doubt you can describe them as faulty just because other people can hear them when you're wearing them.

The static noise may be an inherent fault, or it may just be interference from your house. You'd have to try them in other places too to rule this out.