company simply states, we don't do refunds.

kimplus8

i ordered an electric breast pump off the internet from a popular company. I ordered it with another item also. However, the item is very temperamental, doesn't do what it's supposed to do and sometimes causes me to leak milk all over my clothing and then I don't have the milk for my baby.
I have contacted the company and had no reply, I have been through all of their troubleshooting guides and nothing is working. Upon digging deeper I have found that a lot of women have had these problems.
customer service Q and a's on their website simply state 'we do not offer any refunds, only exchanges.
Due to them not responding I have had to go out and buy another pump so my milk supply doesn't drop and I can carry on pumping while working as a key worker.
can they do this?
I really want a refund as the product is crap for the £250 it cost, I really feel that the product doesn't provide the hands-free, easy experience that it promises.

Aylesbury_Duck

What's the company involved?

DoaM

How did you pay? If by credit card (and directly, not via Paypal for example) then you could possibly raise a Section 75 claim with your card provider.

kimplus8

the company is Elvie.
i paid by card, normal debit card, they are supposedly a reputable company. I thought by law a refund had to be offered for faulty goods?
If the product worked as the hands-free pump it claims to be then fair enough. A customer service agent messaged me this morning and said that this happens often so what I have to do is turn off the pump and then turn it back on again to allow the milk to drain off without leaking, how is this hands-free???

DoaM

Within 30 days from purchase/delivery (whichever was later) a consumer has an Initial Right To Reject for a refund. In such circumstances the seller can require the consumer to prove that the goods are faulty/not conforming to contract. After 30 days and before 6 months any non-conformance is assume to be inherent and the seller must prove otherwise. Where a non-conformance is accepted then the seller gets the choice of remedy - repair, replace, refund (in full). A consumer can express a preference but the seller has the final choice. Should the goods still fail to conform to contract (after a repair or replace remedy is effected) then the consumer can exercise their Final Right To Reject for a refund.

kimplus8

okay, i will see if i can get it replaced or repaired. i do believe that the goods are not as advertised though. it is supposed to be a hands free pump so to admit that they have this fault and that it needs resetting a few times during use is not infact ands free which is what attracts the high price tag. 

davidmcn

They don't even attempt to exclude your statutory rights in their terms and conditions:

"6.2 If the Product is faulty or not as described. We may offer an extended warranty period in relation to some of our Products. Further information about the applicable warranty period or the option to repair or replace in relation to each Product is displayed on our Platforms. If any agreement is silent as to an extended warranty period, your legal rights in relation to faulty or not as described goods your statutory rights will remain unaffected provided that the Product in question is returned to us. We will pay the cost of postage. Please contact questions@elvie.com for a return label."

Are you being clear to them that you're regarding it as faulty (or not as described), and this isn't just a "change of mind" or "a bit disappointed" type of return?

neilmcl

^As above. They are very clear that they will refund for faulty or goods not as described. I'm struggling to see on their website where it states "we do not offer any refunds, only exchanges", please can you provide a link to this.

joeypesci

neilmcl said:

^As above. They are very clear that they will refund for faulty or goods not as described. I'm struggling to see on their website where it states "we do not offer any refunds, only exchanges", please can you provide a link to this.

https://www.elvie.com/support/elvie-pump/legal-and-warranty-information/can-i-return-my-elvie-pump-if-i-change-my-mind

Fosterdog

joeypesci said:

neilmcl said:

^As above. They are very clear that they will refund for faulty or goods not as described. I'm struggling to see on their website where it states "we do not offer any refunds, only exchanges", please can you provide a link to this.

https://www.elvie.com/support/elvie-pump/legal-and-warranty-information/can-i-return-my-elvie-pump-if-i-change-my-mind

That page is specifically for change of mind not for faulty goods or not as described.

kimplus8

They said to me on the live chat on their website they don’t accept returns to refund. It’s exchange or repair only. I can see it doesn’t say that on their website but when I messaged live chate this is what they said. I have requested returns information for exchange but they have read the message and not replied.