Consumer rights - full refund on opened item

SeymourButtz

I bought a new Sony Walkman music player and a pair of JBL Reflect Flow wireless ear buds that arrived on Monday 18th May. Both items have Bluetooth so I was expecting the Ear Buds to work with no problem. However, they paired with the Walkman OK but the volume coming through the ear buds was very high and there was no effect when trying to reduce the volume using the controls on the Walkman. The ear buds do not have a volume control.
I first raised this with Sony tech support and as the Walkman worked fine with wired head phones they said it was an issue with the ear buds so I rang JBL. They had to look into the specs of both items and suggested that it was a compatibility issue within the versions of Blue tooth - not something the average person would know about.
As this rendered the ear buds not fit for purpose I approached ARGOS for a full refund. However, their view was that as the items had been "used" by virtue of being unboxed they would not provide a refund. I pointed out that in the two days since the box had been opened the ear buds had not been used for the purpose they were bought for as to insert them in my ears would have caused deafness!
Where do I stand in terms of getting my money back as I clearly cannot use these ear buds so I am currently £103 out of pocket?

davidmcn

Did you make clear to Argos it was a "not fit for purpose" return you were making? If so then the fact you've opened it ought to be irrelevant. They might have just been following the script for a "change of mind" return by mistake.

the_lunatic_is_in_my_head

It's tricky, if you were cancelling as you changed your mind they'd be relying on:

www.legislation.gov.uk/uksi/2013/3134/regulation/28/made

(3) The rights conferred by this Part cease to be available in the following circumstances—

(a)in the case of a contract for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, if they become unsealed after delivery;

If you were advising them the goods did not confirm to the contract but wished for a full refund then they can require you demonstrate the issue.

If you advise them that the goods did not confirm to the contract but the choice of resolve is theirs they can repair, replace or refund (or it is their responsibility to demonstrate that the goods do conform) . 

More specific details regarding the compatibility issues and what information is available on the Argos website about that specific aspect might help in advising whether the goods conformed or not. 

SeymourButtz

In my dealings with ARGOS I clearly stated that the item had not been used in the two days since unboxing due to the excessive high volume that could not be turned down thereby making the purchase unfit for purpose.
I have a full transcript of the online chat and have emailed that to ARGOS customer services asking them to review.

SeymourButtz

The problem from my point I can see is: 
a)in the case of a contract for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, if they become unsealed after delivery;
As ear buds are designed to be worn internally then I am sure they would rely on the above even though they have not been worn due to the excessive volume through the ear buds. This is very easily demonstrated. Pretty sure there is nothing on the website under these that clearly says not compatible with Sony Walkman or even certain types. The possible issue with compatibility was suggested by JBL Tech support who had to look at the specs for both products. In my view this is not a reasonable expectation of an ordinary buyer with no technical knowledge of Bluetooth compatibility.

sheramber

You could say the Sony Walkman is not compatible with the ear buds bluetooth.
Which is at fault?
 

the_lunatic_is_in_my_head

SeymourButtz said:

The problem from my point I can see is: 
a)in the case of a contract for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, if they become unsealed after delivery;
As ear buds are designed to be worn internally then I am sure they would rely on the above even though they have not been worn due to the excessive volume through the ear buds. This is very easily demonstrated. Pretty sure there is nothing on the website under these that clearly says not compatible with Sony Walkman or even certain types. The possible issue with compatibility was suggested by JBL Tech support who had to look at the specs for both products. In my view this is not a reasonable expectation of an ordinary buyer with no technical knowledge of Bluetooth compatibility.

Unfortunately the regs don't differentiate between used and unused, only if they have become unsealed. 

I wouldn't really expect a retailer to have to list every item another may not be compatible with as that list could be endless. On the other hand if Argos was making any suggestion the two would work together but they don't that would be in your favour. 

I don't know much about Bluetooth but a quick Google suggests different types? Have you tried to pair the headphones with another device just to confirm the issue isn't the headphones? 

JamoLew

were they sold as a package claiming to be compatible ?
have you any research/evidence from anywhere that would suggest they are ?
if not, then they ARE fit for purpose (probably), just not the purpose that you want them to be fit for

DoaM

Bluetooth ear buds fall into the Hygiene bracket per consumer rights cancellation exclusions ... provided that they were supplied in a hygiene-sealed package.

SeymourButtz

sheramber said:

You could say the Sony Walkman is not compatible with the ear buds bluetooth.
Which is at fault?
 

I am waiting to hear back from JBL/Harman re compatibility issue. He mentioned something witihn the Bluetooth version that possibly didnt match the Sony. The more I think about it the harder it is to believe that in this age of technology this type of problem exists. My understanding was that Bluetooth was backward compatible so didn't matter what version was in either piece of equipment so long as one wasn't ancient. Both items were purchased new in the last week.

SeymourButtz

JamoLew said:

were they sold as a package claiming to be compatible ?
have you any research/evidence from anywhere that would suggest they are ?
if not, then they ARE fit for purpose (probably), just not the purpose that you want them to be f

The Sony NW A55L doesn't come with any headphones so I bought them as two separate items. Unfortunately I was under the impression that Bluetooth is backward compatible so any version was fine but it appears not.