"Fit for purpose" - does that include literally "fit"? Airpods Pro.

Sam10000

Hi guys, tricky one here. I bought my wife some AirPod Pros from John Lewis online. £250, latest model, three different sized tips, engineered to fit better than the older model while exercising or eating. That's what that page and other product pages say.

Well - they don't. Not in my wife's ears - they fall out whenever she does any of those things, very very quickly. The same happens in the ears of at least ten reviews on that page (out of 159, most of which say the opposite: they fit perfectly).

We missed the 14 day online return deadline. JL won't accept return because we opened them to try them on (how else could we tell if they fit? We can't go into the stores and I don't think they'd let us try them on in there in any event), nor will they accept my exercise of a right of refusal (in time) on the basis of implied warranty - literally not being fit for the purpose of the individual I bought them for.

JL told me I should have properly researched the product before purchasing, but I'm not sure what I could have reasonably done here. It's a brand new, premium product.

Because I bought them online, JL didn't know who I was buying them for, or the nature of my wife's ears, granted (neither did I, until this!). But if we take the 159 reviews on their product page as suggesting the Airpods don't fit 11/159 (i.e. 7%) of customers, is that enough to justify an implied warranty argument? I've tried to find legal precedent but with no luck so far.

I've escalated the complaint internally and now to ODR. I haven't made a s75 yet, because I don't want to do that until I can find out if I'm in the right here, legally.

Alternatively: anyone want to buy some Airpod Pros?

powerful_Rogue

They are fit for purpose, just not fit for your wives purpose.

Also, not many people leave reviews, mainly those that have an issue do, so I wouldn't go with your percentages.

Why not just buy some more tips? They come in a variety of sizes.

DoaM

powerful_Rogue said:

They are fit for purpose, just not fit for your wives purpose.

Polygamy is illegal in this country.  
Otherwise I agree.  

Fosterdog

I struggle to find earphones to fit, even the smallest "buds" that come with them are too big. I have bought even smaller ones that I fit myself to some earphones but they don't fit all brands. It's not a fault with the earphones, it's my ear holes  are unusually small.

pinkshoes

As the product spec says "Apple's AirPods Pro have a customisable fit to deliver all-day comfort", then I would contact them again and say that you are not able to custom fit them as they keep falling out, so could they please inform you how you can make them fit properly as per the specification.

No where on the specification does it state that it will not fit certain ears. I assume your wife is not the BFG or Thumbelina? 

£250 for some headphones?!?! What is wrong with the dangly cable ones?? How do you take these things out when someone wants to talk to you??

JJ_Egan

<How do you take these things out when someone wants to talk to you??>

Shake your head and they fall out  . Or use pliers if to tight .

Manxman_in_exile

Are these the ones that make you look as if you've got a couple of fag ends stuck in your ears?

The_Rainmaker

I've got a missus like that, the family just take the pith and have stopped buying her earphones.  Simple really.

Sam10000

powerful_Rogue said:

They are fit for purpose, just not fit for your wives purpose.

Also, not many people leave reviews, mainly those that have an issue do, so I wouldn't go with your percentages.

Why not just buy some more tips? They come in a variety of sizes.

We did buy tips. They didn't help either.

NameUnavailable

If you paid by credit card you could try taking the matter up with them.

Alternatively sell them on ebay.