Asda faulty item.

Firestarter50

Hi all.
On 18th August 2023 I purchased a set of Turtle beach xbox headphones for £30 for me to use.
Last week the microphone just stopped working, I've checked all settings on my xbox, checked for updates, tried all the trouble shooting tips and it still doesn't work.
I took it back to Asda today, with my receipt, and was told because it isn't an Asda branded item and the fault has developed after 30 days their is nothing they can do.
They phoned the store manager and he told both the assistants the same thing.
I left the store and phoned Asda customer service who told me the same thing, to which I asked "what if it had been a £80 airfryer, or a £300 TV would the same still apply" and she said yes.
To which I said "well I expect a gaming headset to last longer than a few weeks and I haven't thrown them around in a rage quit temper tantrum, my son who's ASD has the same set and has done for 2 years and his work fine" 
Again she said there was nothing they could do.
Do I now have to admit defeat and bin them and waste £30?
Thanks in advance

GrumpyDil

Nope. I suspect they have a manufacturers warranty so you can either look into that or go back to Asda and make it clear you are exercising your rights under the Consumer Rights Act to return the item. If you choose to go back to Asda make sure to be clear about the basis on which you are returning item and that, as it has developed the fault within the first six months it is deemed to have existed from when you got the headset.

I suspect Asda are viewing this as a change of mind return which is subject to their 30 day limit. 

Firestarter50

Thanks for the reply.  I've had a look online and the warranty for the headset is 2 years.  I did say when I tried to return the item that my contract was with Asda and not the manufacturer as I had bought it from them and not direct from Turtle beach (not sure if what I said was right or not as I've been out of the retail sector for a long time)
I've contacted Turtle beach and they have just sent me a load of troubleshooting tips again.......all.of with I have done already.
I'm not sure if the young lad thought I was trying to pull the wool over his eyes by being a 50 year old female gamer, but I've been gaming for a long time on all consoles.

GrumpyDil

You are 100% correct that your contract is with Asda which means your warranty is in addition to your statutory rights.

So you could work with Turtle Beach and see if they will send a replacement or go back to Asda and explain that it has developed a fault within 2 months of purchase and as such you are exercising your right to return the item for a refund.

It's odd as I've returned a couple of items to Asda over the years with no real issues so don't have them down as one of the difficult companies to deal with. 

Firestarter50

I've returned quite a few bits and bobs and never ever had an issue.  If I had thought it was going to be a problem I would have been more prepared.  
Will wait and see what Turtle Beach say.....hopefully they have a UK address to send returns to and not just the USA!

user1977

You can suggest they look at their own website, which makes clear the 30 day limit doesn't apply where the item is faulty:

https://asda-stores.custhelp.com/app/answers/detail_grow/a_id/2372

Okell

@Firestarter50 -  because the headphones have developed a fault within 6 months of you buying them, the Consumer Rights Act 2015 (legislation.gov.uk) says that the fault was presumed to be present when you bought them - unless Asda can prove otherwise.

This means you are entitled to either a repair or a replacement pair of earphones.  If that repair or the replacement earphones fail again you are entitled to a refund.

The relevant sections of the legislation are s19(3)(b) and (c), and s19(14).

When you go back to Asda again make it perfectly clear to them that you are exercising your statutory consumer rights against them as the seller because the headphones have developed a fault within 6 months, and the warranty is irrelevant.  

Okell

user1977 said:

You can suggest they look at their own website, which makes clear the 30 day limit doesn't apply where the item is faulty:

https://asda-stores.custhelp.com/app/answers/detail_grow/a_id/2372

In fact that link goes even further than saying the 30 day limit doesn't apply to faulty goods.

It actually says: 

• Faulty or misdescribed products must be returned within 1 year of purchase  [My bold, not Asda's]

I'm not sure they've fully thought through all the implications of their policy read as a whole ...