Replaced goods are faulty do I get full refund?

dashley

Hi experts
I bought some Mifo headphones and they turned out to be defective. They were more than 30 days old and so past their point of full refund and Mifo said they could only replace them. They made me pay shipping to send the dud ones back. They then sent me a second pair that were also defective.
My reading of the Consumer Rights Act is that if replacement goods are also faulty I am then entitled to a full refund. They are saying they will only replace them (again) and that I have to pay to send the second pair back. Looks open and shut to me. But I thought I would just check before chasing them through the small courts. Any advice/guidance appreciated.
Top tip from me is to steer well clear of Mifo. They have not been able to tell me why the headphones were faulty or guarantee that another replacement pair could work.
Thanks.

Jenni_D

Actually they should have paid all costs in providing the remedy the first time - you shouldn't have had to pay to send them back, so they were a bit naughty there.

As the replacements have failed (so the seller has had their one chance to supply conforming goods) then you can reject them for a full refund. (Full because it is less than 6 months from purchase). See section 24.

This all assumes you've purchased from a UK seller, and you've been dealing with the seller. (If you've been dealing with the manufacturer but didn't buy direct from them then that changes things).

neilmcl

dashley said:

Hi experts
I bought some Mifo headphones and they turned out to be defective. They were more than 30 days old and so past their point of full refund and Mifo said they could only replace them. They made me pay shipping to send the dud ones back. They then sent me a second pair that were also defective.
My reading of the Consumer Rights Act is that if replacement goods are also faulty I am then entitled to a full refund. They are saying they will only replace them (again) and that I have to pay to send the second pair back. Looks open and shut to me. But I thought I would just check before chasing them through the small courts. Any advice/guidance appreciated.
Top tip from me is to steer well clear of Mifo. They have not been able to tell me why the headphones were faulty or guarantee that another replacement pair could work.
Thanks.

Who did you but them from? Doesn't sound like a UK seller to me.

JJ_Egan

OP needs to check as Mifo is a Global supplier .

UK adverts say free UK shipping .

But does list a UK site

Mifo UK

Barnet, Herfordshire, United Kingdom EN5 5TZ

dashley

neilmcl said:

dashley said:

Hi experts
I bought some Mifo headphones and they turned out to be defective. They were more than 30 days old and so past their point of full refund and Mifo said they could only replace them. They made me pay shipping to send the dud ones back. They then sent me a second pair that were also defective.
My reading of the Consumer Rights Act is that if replacement goods are also faulty I am then entitled to a full refund. They are saying they will only replace them (again) and that I have to pay to send the second pair back. Looks open and shut to me. But I thought I would just check before chasing them through the small courts. Any advice/guidance appreciated.
Top tip from me is to steer well clear of Mifo. They have not been able to tell me why the headphones were faulty or guarantee that another replacement pair could work.
Thanks.

Who did you but them from? Doesn't sound like a UK seller to me.

Mifo. Just looked back at the emailed invoice and it comes from support@mifo.co.uk - that is also the address I have been communicating with them on. They also gave me (two different) UK addresses to send the faulty headphones back to.

dashley

JJ_Egan said:

OP needs to check as Mifo is a Global supplier .

UK adverts say free UK shipping .

But does list a UK site

Mifo UK

Barnet, Herfordshire, United Kingdom EN5 5TZ

Mifo. Just looked back at the emailed invoice and it comes from support@mifo.co.uk - that is also the address I have been communicating with them on. They also gave me (two different) UK addresses to send the faulty headphones back to.

williamgriffin

dashley said:

JJ_Egan said:

OP needs to check as Mifo is a Global supplier .

UK adverts say free UK shipping .

But does list a UK site

Mifo UK

Barnet, Herfordshire, United Kingdom EN5 5TZ

Mifo. Just looked back at the emailed invoice and it comes from support@mifo.co.uk - that is also the address I have been communicating with them on. They also gave me (two different) UK addresses to send the faulty headphones back to.

And are they actually a uk company?

dashley

Looks like they are US. But all my dealings have been with their UK arm

DiddyDavies

I know that websites such as Trustpilot can show a biased view of a company as people tend to leave reviews for bad service more often that ones for good service but still:
Mifo Reviews | Read Customer Service Reviews of mifo.co.uk (trustpilot.com)

dashley

DiddyDavies said:

I know that websites such as Trustpilot can show a biased view of a company as people tend to leave reviews for bad service more often that ones for good service but still:

Wow. I hadn't seen that. But am not surprised. Even keener to win this through small claims so I can point people to it.

dashley

Jenni_D said:

Actually they should have paid all costs in providing the remedy the first time - you shouldn't have had to pay to send them back, so they were a bit naughty there.

As the replacements have failed (so the seller has had their one chance to supply conforming goods) then you can reject them for a full refund. (Full because it is less than 6 months from purchase).

This all assumes you've purchased from a UK seller, and you've been dealing with the seller. (If you've been dealing with the manufacturer but didn't buy direct from them then that changes things).

Hi. Thanks so much. That is really helpful. My understanding was that there isn't a time limit if the replacement goods are faulty:

"If a repair or replacement is not possible, or the attempt at repair fails, or the first replacement also turns out to be defective, you have a further right to receive a refund of up to 100% of the price you paid, or to reject the goods for a full refund" - got that from the Which site on Consumer Law/protection. I can't post the link

I bought the original pair in November 2019 (well my partner did as a Christmas gift for me). I sent the originals back in May and they sent through the second pair. I tried the second pair in September and complained they were faulty. We have been having an exchange on email going nowhere since. I am not spending more money on postage to receive yet more faulty goods! They insist their returns policy trumps consumer law and they can ignore it. It looks like small claims court is my only option. Just want to check I am write before splashing out on that.
Thanks
Dan