Consumer rights + Condenser Microphone

dc1019

My son who is a student, recently bought a sE Electronics Condenser Microphone X1S  to use in practice with his band, they wanted it solely to use as a recording microphone to put in the middle of the studio room to record and listen back to what they were playing, however they changed their minds and decided to use another product.

It was bought online from PMT (Professional Music Technology) based in Liverpool and it was paid for with a debit card. When they changed their minds, my son contacted the company straight away by telephone, and they said they would not refund him for the item as in their terms and conditions it states:

You do not have the right to cancel the contract if the contract is for certain items including:

All microphones, any in-ear earphones or monitors, and any other items that touch your mouth, nose or inner ear if you have removed the hygienic packaging;

He informed them that it was purely for recording, not for singing into and therefore it had not gone anywhere near anyone's mouth, but they still refused. Unfortunately, he did open the plastic packaging inside to look at it before deciding it wasn’t what he wanted. Does he have any rights to a refund at all? He did not see the link on the website for the terms & conditions before buying, he just saw a general refunds paragraph. He is still within the 14 day refund returns date.

tacpot12

Their terms seem quite clear that you can cancel if the microphone would not normally touch your mouth, nose or inner ear. This particular microphone can be used without it touching your mouth in normal use - a headset mic would normally be expected to come into occasional contact with the mouth, but this microphone would not. 
He can sue them in the County Court for breach of contract, or he could try to sell it on eBay as "Opened but unused". He might get more back after court costs if he can sell it this way. 

I would take copies of the pictures on the company's website that show the microphone being used. I would certainly suggest to the that the court that these pictures show the "normal use" of the microphone, and which shows that the mouth would not come into contact with it. 

Spank

I don't think I would buy a device that's used within an inch or so of my mouth in today's situation, so selling it on will be problematic. If I was the shop also wouldn't take the word of the buyer that it's not been anywhere near the mouth of people (I have no idea what the situation of using mic's and headphones in music stores atm)