Misfitmasks refund refusal

suenmike6065

We bought 2 masks from misfitmasks as they were advertising 100% guarantee not to fog glasses.  Eventually they arrived and didn't prevent fogging, not even close.  We contacted the company, who have no longer show the guarantee, and asked for a refund.  They are refusing blaming COVID and saying they don't refund due to hygiene reasons.  I'm pretty sure this is contrary to the sale of goods act, but seem to be stuck.  Any ideas?

pinkshoes

It's the 2015 Consumer Rights act rather than sale of goods act, but yes, you are correct, in that they need to be fit for purpose and hygiene doesn't come into it if they are not fit for purpose.

the_lunatic_is_in_my_head

If the goods do not conform to the contract then you may either exercise the short term right to reject but the retailer may request you show the issue is present.

Otherwise it is taken that the goods do not conform within the first 6 months and the retailer may provide a repair, replacement or full refund.

Hygiene is irreverent.

If you was looking to cancel your order within the cooling off period then I would say face masks which have been unsealed by the customer after delivery would be a valid exclusion. 

Tokmon

suenmike6065 said:

We bought 2 masks from misfitmasks as they were advertising 100% guarantee not to fog glasses.  Eventually they arrived and didn't prevent fogging, not even close.  We contacted the company, who have no longer show the guarantee, and asked for a refund.  They are refusing blaming COVID and saying they don't refund due to hygiene reasons.  I'm pretty sure this is contrary to the sale of goods act, but seem to be stuck.  Any ideas?

Well technically the mask didn't fog up your glasses... it was you breathing that caused that   

Money_Grabber13579

Would it be fair to say that the masks were a misfit?

suenmike6065

Money_Grabber13579 said:

Would it be fair to say that the masks were a misfit?

Yes :-) and a complete waste of money.  Their advert now does now say they guarantee the mask will prevent fogging, gone back mentioning sale of goods act and statuary rights.  We will see what they say now.  

David713

suenmike6065 said:

Money_Grabber13579 said:

Would it be fair to say that the masks were a misfit?

Yes :-) and a complete waste of money.  Their advert now does now say they guarantee the mask will prevent fogging, gone back mentioning sale of goods act and statuary rights.  We will see what they say now.  

Unless you were buying as a business, the Sale of goods act is irrelevant and it's the Consumer Rights act that will apply.
The guarantee may have gone but their website still shows this:

and states this:

No more steamed up glasses

MisfitMask is the only mask specifically been designed to eliminate steamy glasses. We've spent months researching, designing, cutting, taping, gumming, gluing, negotiating and finally building the ultimate Facemask.

The result is the most comfortable and breathable facemask on the market today - that doesn't steam up your glasses. So you can watch Netflix, read that email and like all your friends Insta posts.

so depending on how you paid, a chargeback for goods not as described may work.