Replaced goods are faulty do I get full refund?

Jenni_D

Ah! Everything is referenced back to the original purchase - the clock doesn't reset if they are replaced. As you are now well past 6 months from purchase then you can still reject the goods per section 24, but any refund can be reduced to account for the time of your ownership. They are still liable for all costs though - their T&Cs cannot overrule the law of the land; in fact trying to do so could be a criminal act.

williamgriffin

dashley said:

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

dashley said:

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.

Best you get reading up on the relevant US state laws if you want to win this one. 

Jenni_D

williamgriffin said:

dashley said:

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

dashley said:

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.

Best you get reading up on the relevant US state laws if you want to win this one. 

https://mifo.co.uk/policies/terms-of-service

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United Kingdom.

Exactly who you enforce against, and how, is another matter. Their post code seems to be shared by many other companies.
https://find-and-update.company-information.service.gov.uk/search/companies?q=EN5+5TZ

DiddyDavies

williamgriffin said:
Best you get reading up on the relevant US state laws if you want to win this one. 

Providing that the company does have a physical UK presence where papers can be served then UK laws are fine but getting a court date and winning that case still doesn't mean that any refund will be forthcoming.
How much did the original headphones cost? and how was the money paid?
Their UK address:
"10 Victors Way, Barnet, Greater London, EN5 5TZ, United Kingdom" looks like a virtual office so the chances of actually getting anything from the company will be slim to none.

dashley

DiddyDavies said:

williamgriffin said:
Best you get reading up on the relevant US state laws if you want to win this one. 

Providing that the company does have a physical UK presence where papers can be served then UK laws are fine but getting a court date and winning that case still doesn't mean that any refund will be forthcoming.
How much did the original headphones cost? and how was the money paid?
Their UK address:
"10 Victors Way, Barnet, Greater London, EN5 5TZ, United Kingdom" looks like a virtual office so the chances of actually getting anything from the company will be slim to none.

They were £80. I have already wasted too much time on it to make it profitable. It'll cost me almost a third of that to file the complaint. It looked open and shut to me and I would like to expose them. But not worth it if going to cost more and may lose. Outrageous though. They advertise themselves as being the best around and working underwater. Could not/have not said why mine were faulty nor guarantee a replacement would work. At one point suggested I needed to download content to listen to (I had).

dashley

Jenni_D said:

Ah! Everything is referenced back to the original purchase - the clock doesn't reset if they are replaced. As you are now well past 6 months from purchase then you can still reject the goods per section 24, but any refund can be reduced to account for the time of your ownership. They are still liable for all costs though - their T&Cs cannot overrule the law of the land; in fact trying to do so could be a criminal act.

They were £80. I have already wasted too much time on it to make it profitable. It'll cost me almost a third of that to file the complaint. It looked open and shut to me and I would like to expose them. But not worth it if going to cost more and may lose. Outrageous though. They advertise themselves as being the best around and working underwater. Could not/have not said why mine were faulty nor guarantee a replacement would work. At one point suggested I needed to download content to listen to (I had).

williamgriffin

dashley said:

Jenni_D said:

Ah! Everything is referenced back to the original purchase - the clock doesn't reset if they are replaced. As you are now well past 6 months from purchase then you can still reject the goods per section 24, but any refund can be reduced to account for the time of your ownership. They are still liable for all costs though - their T&Cs cannot overrule the law of the land; in fact trying to do so could be a criminal act.

They were £80. I have already wasted too much time on it to make it profitable. It'll cost me almost a third of that to file the complaint. It looked open and shut to me and I would like to expose them. But not worth it if going to cost more and may lose. Outrageous though. They advertise themselves as being the best around and working underwater. Could not/have not said why mine were faulty nor guarantee a replacement would work. At one point suggested I needed to download content to listen to (I had).

You don't have a case if you went to court as they were a gift. Is your partner up for perusing this?

dashley

williamgriffin said:

dashley said:

Jenni_D said:

Ah! Everything is referenced back to the original purchase - the clock doesn't reset if they are replaced. As you are now well past 6 months from purchase then you can still reject the goods per section 24, but any refund can be reduced to account for the time of your ownership. They are still liable for all costs though - their T&Cs cannot overrule the law of the land; in fact trying to do so could be a criminal act.

They were £80. I have already wasted too much time on it to make it profitable. It'll cost me almost a third of that to file the complaint. It looked open and shut to me and I would like to expose them. But not worth it if going to cost more and may lose. Outrageous though. They advertise themselves as being the best around and working underwater. Could not/have not said why mine were faulty nor guarantee a replacement would work. At one point suggested I needed to download content to listen to (I had).

You don't have a case if you went to court as they were a gift. Is your partner up for perusing this?

Interesting. She thinks I am an idiot for pursuing it this far and should let it go. Seems a shame to let them get away with being able to carry on hawking products that clearly do not work.