Return of faulty goods to John Lewis being refused

davenottingham

Hi
I purchased some expensive on-ear noise cancelling headphones from John Lewis in January this year. They cost over £300. Yesterday the commute they ear cup shearer off the headband leaving it hanging by a wire. This occured whilst I was taking them off my head as usual.
I googled the model and there a lot of bad press about the model and cracks forming, together with a lot of stories of Sony not covering this 'fault' under their manufacturer's warranty.
So I returned them to John Lewis. They explained that if it was a crack only then they would send this back to Sony and they would repair it. Because my headphones showed a total break they said this would not be covered by Sony's warranty and it would be classified as Accidental damage. They had had a similar return with a complete break showing and Sony had refused to undertake a repair.
In conclusion I got handed the Sony UK telephone number by John Lewis and was told to approach Sony direct as to whether the fault is covered.
I kicked up at fuss at this point saying there is a known fault with the model and my contract is with JL and they should repair or replace it under the 2 year Warranty. They reluctantly agreed to liaise direct with Sony regarding a claim on the manufacturer's warranty.
So.....if JL report back that Sony refuse to repair the item under Warranty, have I any other recourse with JL?
Thanks
D

DoaM

As it is more than 6 months since purchase then the onus falls on the consumer to prove (on the balance of probabilities) that the fault was inherent (present but not apparent at the time of purchase - e.g. a fundamental design flaw). This proof would typically be by commissioning an engineer's report - and the report must state that (in the engineer's opinion) the fault was inherent and why. The reasonable cost of such a report (e.g. around £60) would be reimbursable from the retailer (provided it found an inherent fault).

The above is the legal position per the Consumer Rights Act 2015. You'd be looking to enforce your legal rights rather than using the manufacturer warranty (which could have any reasonable terms they wish).

I'd suggest approaching JL again and mention that you understand their comment regarding the Sony warranty, but you're looking for JL to offer a remedy per your legal rights under the CRA 2015, not under Sony's warranty. They may then offer a refund or replacement. They may of course ask you to prove the fault was inherent ... that's covered above.

Question ... does this product not fall within JL's warranty? (e.g. TVs often have a 5 year JL warranty ... is there no extended JL warranty for expensive headphones)? For example, these come with a 2 year guarantee. (I've not searched to see whether the guarantee is from JL or Sony, nor what are the terms of the guarantee).

davenottingham

Here is the coverage which a 2yr warranty from would JL provide:
https://www.johnlewis.com/inspiration-and-advice/electricals/archive/john-lewis-inclusive-guarantees
I can't establish whether this is describing the manufacturer's warranty or an additionl warranty they provide directly.
Reading this extract you would have thought I may be covered.
What's the small print?

We're covering the product to remain in working order for the life of that guarantee – in other words against manufacturing defect causing breakdown. If the product's used in the prescribed way and it breaks down, our duty is to get the appliance back to working order – and if we can't do that, we'll replace it with the same model, or discuss an alternative with you if that's no longer available.
There was an offer of an Extended Guarantee for an extra £25 which I am sure would now cover my issue as it covers 'accidental damage.

JJ_Egan

Sony are saying No its damage .
JL are saying the same ..( If the product's used in the prescribed way and it breaks down,) Is the JL extra cover .

You are left with your Consumer Rights as DoaM post and an engineers report .

davenottingham

The formal response from JL was I can do two things:
- send them off to Sony for a quote for repair. JL have said they may offer a contribution to the cost.
-or instruct an engineer to review the item and if they can confirm that there is a fault then they will honour the warranty.

pmduk

JL's response is firmly within your legal rights