company simply states, we don't do refunds.

neilmcl

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

And? That still doesn't state "we do not offer any refunds, only exchanges". Also, as mentioned this is for change of mind purchases only.

neilmcl

kimplus8 said:

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. 

You haven't said how long have you owned this item before it developed the fault. If it's within 30 days then you are absolutely entitled to a full refund, outside of this then they are correct they can chose to decide on a repair or exchange.

Manxman_in_exile

Does it make a difference that the OP is not claiming that it's faulty, she's claiming (AIUI) that it's not as described?  She's saying that it's not "hands-free", which is the reason she bought it.  If it's not hands-free as described, then no attempts at repair or exchange are going to change that.

OP during your live chat, did you clearly explain that you weren't saying it was faulty and you weren't changing your mind.  What you are complaining about is that it's not hands free as described, which is what decided you to buy it.  If it's not actually hands free then a repair or exchange won't fix it.  If live chat won't accept that or don't understand the difference, you need to complain in writing clearly stating what your complaint is.

NB - I have no idea what your chances of success are, as I suspect they'll argue "no - it is hands-free - it's just faulty".  In which case accept an exchange or repair, and then demand a refund when it still is faulty.

How long have you had it?

kimplus8

Manxman_in_exile said:

Does it make a difference that the OP is not claiming that it's faulty, she's claiming (AIUI) that it's not as described?  She's saying that it's not "hands-free", which is the reason she bought it.  If it's not hands-free as described, then no attempts at repair or exchange are going to change that.

OP during your live chat, did you clearly explain that you weren't saying it was faulty and you weren't changing your mind.  What you are complaining about is that it's not hands free as described, which is what decided you to buy it.  If it's not actually hands free then a repair or exchange won't fix it.  If live chat won't accept that or don't understand the difference, you need to complain in writing clearly stating what your complaint is.

NB - I have no idea what your chances of success are, as I suspect they'll argue "no - it is hands-free - it's just faulty".  In which case accept an exchange or repair, and then demand a refund when it still is faulty.

How long have you had it?

I have had it for 2 months but only been pumping this last 2 weeks as I’ve returned to work early from mat leave due to corona. (Nurse) 
I have explained that I thought it was faulty but then the rep on the live chat said ‘it isn’t faulty, this is common and you have to pause/ stop the machine to allow the milk to drain away and then start it again’. This makes it jot hands free which is the whole reason that I bought it. Iyswim. Since asking to return the item for either an exchange or refund they have stopped replying to the chat thread and my emails. 

wesleyad

Definitely a tricky one. Basically the argument is coming down to the "hands free" part of it. They very clearly state it is, but it's also in relation to the fact you can wear it under a bra, ie you don't have to hold it, not necessarily have to touch it.

A more common example would be a hands free bluetooth headset (eg https://www.amazon.co.uk/Bluetooth-New-Bee-Handsfree-Technology-Black/dp/B07BQQMZKB)

We clearly accept that although its stated multiple times as  "hands free", there are also buttons on it to operate. The hands free part is just in relation to the wearability of the item.

So it would come down to whether they could say that the majority of the public would know they were talking about wearabilty rather than usage. 

If you want to push for a refund your next step is a LBA (letter before action, you can look up examples). State you want a refund for "not as described", quote the parts from the website which declare it hands free and then quote from your chat responses that say its not. I'd say it's highly unlikely a company like Elvie will be bothered taking it any further. 

kimplus8

wesleyad said:

Definitely a tricky one. Basically the argument is coming down to the "hands free" part of it. They very clearly state it is, but it's also in relation to the fact you can wear it under a bra, ie you don't have to hold it, not necessarily have to touch it.

A more common example would be a hands free bluetooth headset (eg https://www.amazon.co.uk/Bluetooth-New-Bee-Handsfree-Technology-Black/dp/B07BQQMZKB)

We clearly accept that although its stated multiple times as  "hands free", there are also buttons on it to operate. The hands free part is just in relation to the wearability of the item.

So it would come down to whether they could say that the majority of the public would know they were talking about wearabilty rather than usage. 

If you want to push for a refund your next step is a LBA (letter before action, you can look up examples). State you want a refund for "not as described", quote the parts from the website which declare it hands free and then quote from your chat responses that say its not. I'd say it's highly unlikely a company like Elvie will be bothered taking it any further. 

What they actually advertise is that you should be able to turn the machine on and wear it and get on with tasks etc while it works but if I have to keep stopping the machine to allow the milk to drain away several times during use it’s not actually wearable because it needs constant supervision which can’t be done if it’s in your bra with your clothes on. 

Would this be an argument.  

wesleyad

There's really no black and white answer in these situations, if it went to small claims it would be done on the balance of probabilities. The judge would look at whether a person could be expected to use this without using hands or not given the advertising and descriptions available.From what you have said it certainly sounds that all this is in your favour. I was merely playing devils advocate and saying that sometimes handsfree doesn't really mean that.

I'd just write the LBA, as above, keep it simple, you want money back for item not as described.State what you have said here about it being advertised as hands free and that due to the (acknowledge by them) features that need supervision, it is not.

I'd be surprised if they could be bothered taking it to small claims, especially given they are not particularly likely to win.

The other option is call them out on social media, twitter is normally best for this

kimplus8

wesleyad said:

There's really no black and white answer in these situations, if it went to small claims it would be done on the balance of probabilities. The judge would look at whether a person could be expected to use this without using hands or not given the advertising and descriptions available.From what you have said it certainly sounds that all this is in your favour. I was merely playing devils advocate and saying that sometimes handsfree doesn't really mean that.

I'd just write the LBA, as above, keep it simple, you want money back for item not as described.State what you have said here about it being advertised as hands free and that due to the (acknowledge by them) features that need supervision, it is not.

I'd be surprised if they could be bothered taking it to small claims, especially given they are not particularly likely to win.

The other option is call them out on social media, twitter is normally best for this

There are many women in our breastfeeding group saying the same and that they have complained, so they know it is a common issue too which makes it all the more frustrating.
apparently if you leave something negative on FB etc they just delete the comment. 

DoaM

That's why Twitter was mentioned .. if you tweet and @ them (and maybe also use one of their # tags) then the message gets out there but they can't delete it.