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Consumer Rights Under Exemptions

Hopefully quick question.
Purchased earplugs online which stated would help with snoring partners. 
Simply stated 30 day money back guarantee.
Had fairly good reviews. 
Received in time but neither size which come in the pack seems to fit my ears, they either pop out or if sit in make no difference to noise whatsoever, possibly as still too big to fit snuggly.
When I checked return policy no mention of 30 day money back guarantee although statement still on website, but as it’s a hygiene product it’s exempt from consumer rights, if opened but I had to open to try them and view them.
It is not a case I’ve changed my mind as I’m desperate for them to work but they are simply not fit for purpose, there was no warning that these do not fit or work for everybody.
Do I have any rights in this instance?
Thankfully they’re only £18 so no big loss if no rights but interested to know rights. 

Comments

  • Alderbank
    Alderbank Posts: 4,044 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper
    Guarantees are separate from and in addition to your consumer rights.
    Your consumer rights are unaffected.
    • Who did you buy them from?
    • What are the terms and conditions of the guarantee?
    • Have you tried a tennis ball?
  • Jenni_D
    Jenni_D Posts: 5,455 Forumite
    1,000 Posts Fourth Anniversary Name Dropper Photogenic
    Alderbank said:
    • Have you tried a tennis ball?
    If the OP's partner is anything like mine then sleeping position makes no difference to the ability to snore. 🙄
    Jenni x
  • TELLIT01
    TELLIT01 Posts: 18,130 Forumite
    Part of the Furniture 10,000 Posts Name Dropper PPI Party Pooper
    I'm not sure where the dividing line comes between an item being faulty and not being effective.  Most hygiene products would be exempt from the rules and unless the OP can show there is something about the earplugs which would prevent them working for anybody I doubt they have much of a case for refund.
  • Ergates
    Ergates Posts: 3,121 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Yes, as this was a sealed for hygiene product then your consumer rights won't apply - BUT, the company may still honour their 30 day guarantee as advertised on their website.   Drop them a mail with a screenshot of the website on it 
  • Sorry I didn’t get notifications on the response but appreciated. I emailed the company and they sent me a smaller pair free of charge. They fitted though did little to reduce any noise. I just took the hit of £18 and binned them. Thankfully was not a lot of money and guess were worth a try. The husband can just sleep in the spare room couple times a week so I get some rest lol 😂 
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