Faulty headphones, had 2 replacements and now 3rd doing same

pjs1803

HI all. After some advice as being sent from pillar to post. I bought a pair of Bowers and Wilkins headphones last year 28th June from John Lewis. Since then, we have had 2 pairs incur the same fault. We went through the proper channels and each pair was collected and sent to B&W for inspection and due to the nature of the fault (left ear headphone becomes intermittent and crackling), they replaced them. Now the third pair has developed exactly the same fault. At this point, I have lost all confidence in the product and asked John Lewis for a refund. They stated that their contract after 28 days is for repair replace with B&W and they would need a Retail authorisation code and code then could refund. My guess is that this means JL would not be out of pocket! So back to B&W and they said they have never had this requested before and not their procedure and it is up to JL to refund. Anyway to cut a long story short, after what feels like an entire 5 set tennis match of me going back and forth, I am still no further. I paid using PayPal, and tried to use resolution centre but as over 180 days, no help. So here I am with another set of broken headphones, £200 out of pocket and at a loss. Any advice please

JJ_Egan

JL are entitled to ask for a report or inspection under Consumer Rights .

If found in your favour they have the choice to repair replace or refund less discount for two years usage .

the_lunatic_is_in_my_head

JJ_Egan said:

JL are entitled to ask for a report or inspection under Consumer Rights .

If found in your favour they have the choice to repair replace or refund less discount for two years usage .

If the OP first contacted John Lewis within 6 months and the goods still do not conform I don't think the onus is on the OP to demonstrate the fault as they would be exercising their final right to reject.  

The retailer can still make a deduction for ownership if the consumer exercises the final right to reject outside of 6 months regardless of when the issue first arose.

**Just to add I'm not sure if the timeframe even comes into it as it may be taken the goods did not conform as the retailer offered a remedy. It's covered here:

https://www.legislation.gov.uk/ukpga/2015/15/section/24/enacted

and it makes no mention of whether or not it's taken the goods did or didn't conform. 

OP you say you purchased on the 28th June 2020, when did the first fault arise and did you go directly to the manufacturer or contact JL at any point? 

Sandtree

Having dealt with JL and Samsung, JL effectively wanted confirmation from Samsung that the goods were beyond economical repair and not caused by the user. I would assume the reference also indicates that the manufacturer is going to be carrying some of the costs but thats really between JL and the manufacturer... without doubt JL will remain out of pocket as no manufacturer is going to cover admin costs, goodwill gestures etc. 

In my case both sides offered to give a partial refund for half the set (the faulty bit) however JL's offer was higher. Personally went down the legal route because I left they sold a set so needed to refund the set but thats by the by.

It may be just the case of finding the right person at B&W who knows how to use the JL system to give them the code to say the item is bust and not user error. Else you go down the path of commissioning your own engineers report to say the same and adding the cost to the claim.

pjs1803

First set failed in October so 3 1/2 months after buying. These were replaced due to fault. Second set failed beginning May this year with same fault and replaced and now 3rd set has failed. I know its only £200 but thats expensive and also isnt like they are used for gym etc. Hubby is disabled and housebound so only used at home. Always put back in casing every evening.