Product subscription plan

Framer_Shane

So a bit of background. 

There’s an audio company called Nura who produce night level headphones which you can buy outright or via a subscription service (which is not a rent to own. The premise being that every two years you’ll get a new updated set of headphones, extended warranty and one free replacement if they’re lost, damaged or stolen)

I opted for the subscription service which had a £49 upfront fee plus the first months subscription of £12

I’ve received the headphones and they’re faulty. They’ve tried giving me troubleshooting tips none of which have worked but while this has been going on I’ve had time to do a bit mor were search and it seems there are a number of issues regarding my particular fault (poor sound quality and connectivity issues) it’s also given me time to properly consider the subscription and despite its advertised benefits I’ve realised it’s not for me (I know, I know, I should’ve thought about it better before signing up)

my question is, seeing as they’re faulty, can I get a refund of my initial payment and first months subscription?

their terms state that only those headphones purchased outright qualify for their 30 day returns policy but they claim that no refunds can be given on subscription service customers. 

I’ve requested a refund anyway under UK consumer laws but seeing as they’re an Australian company I can see a fight coming in here. (The items were shipped from a UK warehouse and my payment was via my Visa Debit card in £sterling. 

Any input? 

Framer_Shane

Sorry for the spelling/grammar, I’m on my phone. 

davidmcn

If you bought them from Australia then it's (probably) the consumer rights under the relevant state which will apply, not UK consumer law (being despatched from a UK warehouse doesn't mean much).

Here are their terms - looks like Victoria state laws apply:

https://help.nuraphone.com/hc/en-us/articles/360000335596-nura-terms-of-sale

Framer_Shane

davidmcn said:

If you bought them from Australia then it's (probably) the consumer rights under the relevant state which will apply, not UK consumer law (being despatched from a UK warehouse doesn't mean much).

Here are their terms - looks like Victoria state laws apply:

https://help.nuraphone.com/hc/en-us/articles/360000335596-nura-terms-of-sale

That bit applies to indemnities against the company having read through their terms.
section 14. Disclaimer of Warranties states that applicable local laws will
prevail so if I’ve read that correctly then the UK laws regarding consumer rights stand and as such I should be entitled to and expect a refund of monies paid so far. 

Sandtree

Framer_Shane said:

That bit applies to indemnities against the company having read through their terms.
section 14. Disclaimer of Warranties states that applicable local laws will
prevail so if I’ve read that correctly then the UK laws regarding consumer rights stand and as such I should be entitled to and expect a refund of monies paid so far. 

Consumer rights are not warranties in English law plus reading the link provided to the T&Cs it doesnt say that local laws apply

JJ_Egan

( Disclaimer of Warranties states that applicable local laws will

prevail )

I read that as local  ie local Australian state laws will apply .

Not sure who you would make the claim against for your UK CR rights against a non UK company .

The UK shipper could just be a multiple drop shipping warehouse .

Framer_Shane

From nura T&C

“EXCEPT FOR THE LIMITED PRODUCT WARRANTY EXPRESSLY SET FORTH HEREIN AND SUBJECT TO ANY LEGAL RIGHTS YOU MAY HAVE UNDER ANY LAW THAT APPLIES TO YOU WHICH CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED BY AGREEMENT (“YOUR CONSUMER RIGHTS”), THE PRODUCTS ARE PROVIDED STRICTLY ON AN “AS IS” AND “AS AVAILABLE””...

...“NOTHING IN THESE TERMS OF USE LIMITS, EXCLUDES, RESTRICTS, MODIFIES OR PURPORTS TO LIMIT, EXCLUDE, RESTRICT OR MODIFY YOUR CONSUMER RIGHTS. IF ANY PART OF THESE TERMS CONTRADICTS YOUR CONSUMER RIGHTS OR ANY OTHER APPLICABLE LAW, THEN YOUR CONSUMER RIGHTS OR OTHER APPLICABLE LAW WILL PREVAIL OVER THAT PART.”

Seeing as my item is Faulty, this then falls under the warranties section of the T&C’s and from reading this, applicable law stands. 

So if I’m reading right (and I can’t see anywhere that states only Australian consumer laws apply) then I right to ask and expect a refund no? 

davidmcn

No, because (AFAIK) there's nothing in UK consumer rights which say they do apply in this scenario. It may be that Victoria consumer laws are no worse (or even better!), I don't know.