Refusing to Refund & Asking Me to Risk My Health

wildg

I have a very expensive air purifier purchased because I have some serious allergies that prevent me even opening the window a lot of the time due to smoke and chemicals.

When I received the air purifier, out of the box it stank and when I switched it on it gave me a reaction.

I contacted the supplier within 6 days of purchase to let them know there was a problem with the machine. Firstly they told me it basically wasn't possible that there was a problem. Then when I gave them more information they gave me a raft of tests to run involving taking it apart layer by layer and testing it with single filters in to see which ones were problematic. I had to wait to get help to do this as it's heavy and I am not well. I was also not feeling well enough to put my face near something that was making me feel more unwell. I had to stop at the first layer as it immediately started to make my airway constrict, so I did not complete their tests.

I reported these findings to them and asked for a full refund and for them to arrange to pick up the unit. I was sent the following:

Thank you for your email and sorry to hear that this has not resolved this.

<edited> we can arrange to test the filter layer you're having issues with and replace it if it's faulty.

Unfortunately we do not accept returns on air purifiers where the seal has been broken and the purifier used. For health and safety reasons we would not ever supply a customer an air purifier where the filters have been used at any stage, as we would not be able to account for the environment in which it was used.

This is in accordance with our returns policy which is available on our website. This is in line with other companies and products of a similar nature.

We are eager to resolve any issues you are experiencing, however if you do still feel that you no longer want the unit an alternative option would be to list the unit on a 3rd party seller site.

Please do not hesitate to contact me if you would like to proceed with sending the filter in to us or if I can help in any other way at all.

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Is this legal? Do I have any way of getting them to give me a refund.

This is ludicrous that they're asking me to risk my health to do testing on the machine to discern which parts are problematic. As far as I'm concerned they should just take it back and refund. They're suggesting I sell it on ebay or similar, and I would lose a substantial amount of money in the process. £hundreds.

I'm too sick to do all the research for this and I'm not sure what I can do. Any help gratefully received.

Is this against consumer rights? Can I use section 75?

unholyangel

If you're rejecting for a refund then its up to you to prove the goods fail to conform to contract. If you cannot then you'd be reliant on your rights under the CCRs - which would allow you to cancel within a minimum of 14 days starting the day after delivery but they may be allowed to make a deduction for diminished value if they informed you of this in accordance with the requirements of the CCRs.

But I would point out that unless its advertised as a health aid for your specific condition, boasts of general health benefits or you told them about your condition prior to ordering and they assured you it would be okay, then even if it does make you worse....the goods wouldn't fail to conform on that basis.

wildg

unholyangel wrote: »

But I would point out that unless its advertised as a health aid for your specific condition, boasts of general health benefits or you told them about your condition prior to ordering and they assured you it would be okay, then even if it does make you worse....the goods wouldn't fail to conform on that basis.

The only thing I have in writing is confirmation of the function of the filtration system, nothing linking it to my health issues. Those parts of the sales process were done over the phone, and they didn't explicitly tell me it would work for my health issues anyway. It was other people with the same allergies who assured me it would be fit for purpose. I bought it on the basis of these recommendations and finding benefit from sitting next to the same unit at someone else's house, so I know that this unit is faulty. That person helped me test this one I have and agreed there's something very wrong with it.

I am just surprised that they're allowed to say that as soon as it's switched on that it's no longer returnable.

Can I use section 75 on this one?

askmeaboutsofas

Just a quick question, but would the company be prepared to offer you a replacement set of filters instead? It may be easier to try and get the machine repaired/sorted out so that you can use it.

wildg

askmeaboutsofas wrote: »

Just a quick question, but would the company be prepared to offer you a replacement set of filters instead? It may be easier to try and get the machine repaired/sorted out so that you can use it.

They are offering to replace the filters but this machine is such a faff (it's also not going back together properly either and completely flummoxed two of us after doing the testing they wanted) that I would prefer to get a different one.

I don't really understand how they can refuse to return and refund, there's no way of testing an air filter without switching it on. So you'd have to return it unboxed without knowing whether it was functioning properly. It's a bit weird. I do wonder whether this policy on returns they have is legal

KatrinaWaves

If it is working as an air filter then that’s all it necessarily needs to do. It does not need to ‘not be a faff’

Ectophile

You have two completely separate rights here.


If you change your mind about a product, then you can return it within 14 days. But if it isn't in "as new" condition, they can reduce the amount of the refund accordingly. This means that you can't really do anything more with the goods than if you were looking at them in a shop. So if you have used the product, and taken it apart, then you won't get a full refund.


If the goods are not fit for purpose, then you have 30 days to return them for a full refund. That still applies if you have used the goods. But "fit for purpose" is open to interpretation. Unless you specifically asked for a product that would do a particular job, then the goods only have to do what the average person would expect them to. You may have had something in mind, but if you didn't tell the seller, then they have no idea if the product will do what you wanted.

photome

Is it the filter (s) that is the problem? did you try it without any filters in. if you did and there was no problem, then changing the filters may indeed solve the problem

JJ_Egan

What machine ??