GAME Return Policy Headphones

smush

Hi, I purchased a pair of headphones from GAME off their website. I received them earlier this week and have removed the seal from the box and put the headphones on my head. I have concluded that they are too tight a fit for my head making wearing them unconformtable. I was thinking I should be able to return them no problem as I have done this in the past when purchasing headphones from John Lewis. I went on their live chat and it doesn't seem so clear cut and I get the impression they are intentionally ambiguous. I have included my conversation with their customer support.

Aylesbury_Duck

Just tell them you wore them for 30 seconds, if that's what you did.

smush

Aylesbury_Duck said:

Just tell them you wore them for 30 seconds, if that's what you did.

I mean I don't know how long I wore them (and I suspect they don't either) but I used them on a game's console for probably a half an hour, adjusting the strap on the heaphones trying to find a fit I was comfortable with but that is not happening.

Aylesbury_Duck

smush said:

Aylesbury_Duck said:

Just tell them you wore them for 30 seconds, if that's what you did.

I mean I don't know how long I wore them (and I suspect they don't either) but I used them on a game's console for probably a half an hour, adjusting the strap on the heaphones trying to find a fit I was comfortable with but that is not happening.

In which case, they're not obliged to accept them back for a full refund.  You might try selling them on to recoup some of the cost?

the_lunatic_is_in_my_head

How long you wore them is academic. 


They are either claiming (which is debatable, particularly with what they've already said):


www.legislation.gov.uk/uksi/2013/3134/regulation/28/made

in the case of a contract for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, if they become unsealed after delivery;

Or they have nothing to claim. 

You should contact them to say you are exercising your right to cancel the contract, unless they've offered to collect then return the goods:

(3) The address to which goods must be sent under paragraph (2)(a) is—

(a)any address specified by the trader for sending the goods back;

(b)if no address is specified for that purpose, any address specified by the trader for the consumer to contact the trader;

(c)if no address is specified for either of those purposes, any place of business of the trader.

and they should refund within 14 days of:

(5) If the contract is a sales contract and the trader has not offered to collect the goods, the time is the end of 14 days after—

(a)the day on which the trader receives the goods back, or

(b)if earlier, the day on which the consumer supplies evidence of having sent the goods back.

Manxman_in_exile

I don't see how headphones can be a hygiene/health exception from the 14 day cancellation/change of mind consumer right.

The principle behind this was argued to death just a month or two ago in that thread about the guy trying to get a refund on some vaping kit.

unholy_angel referred to a european court decision that discussed what the whole "health and hygiene exception" means in the context of the 14 day right to cancel.  It basically comes down to the nature of the goods in question, and whether their nature necessarily requires a hygiene seal.  The fact they might be sealed is incidental as to whether they need to be sealed for health and hygiene reasons.  Headphones that sit on or over the ear do not need to be, IMO.  In-ear 'phones - perhaps more arguable.

So far as I'm aware, the Covid pandemic has not amended or removed any consumer rights.

I also reckon that trying headphones for half an hour to see how they fit and how they sound is perfectly reasonable and is not "excessive handling".

Get your money back as per the_lunatic _is_in_my_head

(PS - I don't necessarily agree with unholy_angel's point of view myself, but they will say that is the legal position)

unholyangel

Manxman_in_exile said:

I don't see how headphones can be a hygiene/health exception from the 14 day cancellation/change of mind consumer right.

The principle behind this was argued to death just a month or two ago in that thread about the guy trying to get a refund on some vaping kit.

unholy_angel referred to a european court decision that discussed what the whole "health and hygiene exception" means in the context of the 14 day right to cancel.  It basically comes down to the nature of the goods in question, and whether their nature necessarily requires a hygiene seal.  The fact they might be sealed is incidental as to whether they need to be sealed for health and hygiene reasons.  Headphones that sit on or over the ear do not need to be, IMO.  In-ear 'phones - perhaps more arguable.

So far as I'm aware, the Covid pandemic has not amended or removed any consumer rights.

I also reckon that trying headphones for half an hour to see how they fit and how they sound is perfectly reasonable and is not "excessive handling".

Get your money back as per the_lunatic _is_in_my_head

(PS - I don't necessarily agree with unholy_angel's point of view myself, but they will say that is the legal position)

Iirc you didn't agree with my point that the goods need to have been sealed in a way that preserves the health and hygiene of the item, but you didn't disagree that the EU judgement stated the exemption (to the right to cancel) is strictly interpreted and only applies to goods which cannot be restored/made good once the seal is broken.

the_lunatic_is_in_my_head

Couldn't pretty much everything be restored?


Apart from food and medicine it's hard to think of anything that couldn't be restored and even then the issue with food and medicine is that it may have become contaminated which is effectively covered under:

in the case of any sales contract, if the goods become mixed inseparably (according to their nature) with other items after delivery

Doesn't the consideration that something can be restored render the hygiene clause pretty much irrevelavent for 99.9% of goods? 

unholyangel

the_lunatic_is_in_my_head said:

Couldn't pretty much everything be restored?


Apart from food and medicine it's hard to think of anything that couldn't be restored and even then the issue with food and medicine is that it may have become contaminated which is effectively covered under:

in the case of any sales contract, if the goods become mixed inseparably (according to their nature) with other items after delivery

Doesn't the consideration that something can be restored render the hygiene clause pretty much irrevelavent for 99.9% of goods? 

Pretty much. The ruling we're discussing was concerning a mattress. Court ruled exemption doesn't apply to mattresses because even if unsealed and used, it can be made good with cleaning....the integrity offered by the seal can be restored. 

Each case would obviously be on its own merit. But given that ruling, it's evident it doesn't apply to a lot of items retailers try to apply it to