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Distance selling regs re Wind Instruments

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themaverick1953
themaverick1953 Posts: 176 Forumite
Part of the Furniture 100 Posts Combo Breaker
edited 30 November 2021 at 1:39PM in Consumer rights
I have bought my wife a flute for Christmas which I collect today. I enquired with the company about returning i9t if it doesn't suit her. They say for health reasons it can't be returned.

Has the law altered due to covid or are they incorrect?
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Comments

  • JJ_Egan
    JJ_Egan Posts: 20,281 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Presume they mean if its been used  , mouth to flute etc .
  • Sandtree
    Sandtree Posts: 10,628 Forumite
    10,000 Posts Fourth Anniversary Name Dropper
    How did you buy it? Did you buy online/on the phone and collect it from their store or did you reserve it and then buy in the shop?

    If it is a remote sale then there is a statutory right for return for most goods. There is an exception on the grounds of hygiene however the legislation talks of hygiene seals being broken being the grounds for exception. If it was ultimately bought in store there is no statutory right of return for what is ultimately a change of mind.

    Did she actually use the instrument to see it wasnt suitable or was it visible as soon as she saw the box?
  • Possibly nothing relating to the lurgi.
    No doubt for the same reason earrings (pierced) and simailar can't. Going to a more extreme example, underwear.
    I realise a flute isn't usually in direct oral contact but it's still "breathed" into and the condensed breath will deposit internally.
  • Is the flute hygienically sealed? 
    In the game of chess you can never let your adversary see your pieces
  • Ergates
    Ergates Posts: 3,033 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Is the flute hygienically sealed? 
    Unlikely.

    Second hand wind instruments are definitely a thing though, and a flute is made of metal so can be sanitised quite easily, so it's not like it couldn't be sold once it's been used.
  • I certainly wouldn't want a flute that someone else has used - so you're probably able to return it, but they're entitled to make a (probably quite heavy) deduction in your refund as they'll need to sell it as used. 
  • Alderbank
    Alderbank Posts: 3,894 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper
    edited 30 November 2021 at 6:11PM
    I certainly wouldn't want a flute that someone else has used

    I don't play flute but I play brass and other woodwinds. It wouldn't bother me.
    I do prefer to use my own mouthpiece especially for clarinet and sax but that's all.

    I bet that most musical instruments in use have had several players - musicians are more interested in tone, keys, pads, leaks and squeaks, etc. than whether anyone else has blown it. If you are moneysaving you will probably get a better instrument second-hand than new at almost every price point.

    Mattyprice - perhaps cheap Chinese stuff is different but if you want a decent woodwind instrument that no-one else has used you will struggle. All instruments are repeatedly played in the factory (and afterwards) by the skilled craftspersons who tune them, voice them, fit the keys and pads, etc.
  • Sandtree
    Sandtree Posts: 10,628 Forumite
    10,000 Posts Fourth Anniversary Name Dropper
    Alderbank said:
    Mattyprice - perhaps cheap Chinese stuff is different but if you want a decent woodwind instrument that no-one else has used you will struggle. All instruments are repeatedly played in the factory (and afterwards) by the skilled craftspersons who tune them, voice them, fit the keys and pads, etc.
    Ignorance can be bliss.
  • theoretica
    theoretica Posts: 12,691 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    It is standard when buying at any decent music shop to try out the instruments - do the people you bought from have a physical store?  Do they prevent people trying flutes there?
    But a banker, engaged at enormous expense,
    Had the whole of their cash in his care.
    Lewis Carroll
  • Sandtree
    Sandtree Posts: 10,628 Forumite
    10,000 Posts Fourth Anniversary Name Dropper
    theoretica said:
    Do they prevent people trying flutes there?
    Only American Pie "band camp style" flute trial is probably banned in store
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