John Lewis earbuds return problem

rightcharlie

My wife bought me a pair of earbuds from John Lewis for Christmas. On trying them I was less than impressed so tried to return them. I was told that because I had tried them I couldn't return them as the packaging had been opened and unsealed.
I pointed out that the policy on their website says that they won't accept items where the packaging has been opened or unsealed ..OTHER THAN WHERE NECESSARY TO INSPECT.
I have pointed out to their Customer Service that it was precisely what I had done, and as they were earbuds I could not ascertain whether they worked satisfactorily other than trying them

the_lunatic_is_in_my_head

Hello OP

What date were they delivered? 

rightcharlie

Further to above post there is no warning on the product or at the point of sale or on the receipt that they will not accept earbuds that have had the packaging opened or unsealed.

Undervalued

rightcharlie said:

My wife bought me a pair of earbuds from John Lewis for Christmas. On trying them I was less than impressed so tried to return them. I was told that because I had tried them I couldn't return them as the packaging had been opened and unsealed.
I pointed out that the policy on their website says that they won't accept items where the packaging has been opened or unsealed ..OTHER THAN WHERE NECESSARY TO INSPECT.
I have pointed out to their Customer Service that it was precisely what I had done, and as they were earbuds I could not ascertain whether they worked satisfactorily other than trying them

Did your wife buy them in a shop or by mail order?

If she bought them in a shop there is no statutory right to return them unless they are faulty or significantly not as described.

Is she bought them mail order, the right to inspect is supposed to put the buyer in a similar position to if they had inspected and bought the item in a shop.

So unless there are any additional contractual rights (e.g such as a gift receipt allowing the recipient to obtain a replacement or refund) any rights are for your wife to exercise and not you. 

Given that these devices go in your ears would you to be happy to buy a pair somebody else has used or to try a demo pair in a shop?

I actually ran into a similar problem with some I bought from Amazon (marketplace). I found them disappointing, although not actually faulty. I contacted the seller with a polite and reasoned explanation as to why and asked for a return. To my surprise they offered me a refund without wanting the ear buds returned. I assume this was because they would be unable to resell them so didn't want to pay for the return carriage?

prettyandfluffy

Unless they are faulty I think JL are correct in saying they cannot be returned for reasons of hygiene - this also applies to things like jewellery for piercings.  Obviously they could not resell them, would you want to buy earbuds that had been used by someone else? 

Emmia

prettyandfluffy said:

Unless they are faulty I think JL are correct in saying they cannot be returned for reasons of hygiene - this also applies to things like jewellery for piercings.  Obviously they could not resell them, would you want to buy earbuds that had been used by someone else? 

No returns for headphones / earbuds (for hygiene reasons) has been the case for 25+ years.

Emmia

rightcharlie said:

Further to above post there is no warning on the product or at the point of sale or on the receipt that they will not accept earbuds that have had the packaging opened or unsealed.

Your wife may have been told at point of sale they were not returnable...

Undervalued

Emmia said:

prettyandfluffy said:

Unless they are faulty I think JL are correct in saying they cannot be returned for reasons of hygiene - this also applies to things like jewellery for piercings.  Obviously they could not resell them, would you want to buy earbuds that had been used by someone else? 

No returns for headphones / earbuds (for hygiene reasons) has been the case for 25+ years.

Although that may be a standard (and very sensible) policy I am not sure the law is quite as black and white as you suggest if the item is bought mail order? Earbuds don't go back 25 years and with over the ear headphones is the position any different to, say, buying a hat or gloves?

All a moot point if bought in the shop unless their terms of business convey rights over and above the legal minimum.

Emmia

Undervalued said:

Emmia said:

prettyandfluffy said:

Unless they are faulty I think JL are correct in saying they cannot be returned for reasons of hygiene - this also applies to things like jewellery for piercings.  Obviously they could not resell them, would you want to buy earbuds that had been used by someone else? 

No returns for headphones / earbuds (for hygiene reasons) has been the case for 25+ years.

Although that may be a standard (and very sensible) policy I am not sure the law is quite as black and white as you suggest if the item is bought mail order? Earbuds don't go back 25 years and with over the ear headphones is the position any different to, say, buying a hat or gloves?

All a moot point if bought in the shop unless their terms of business convey rights over and above the legal minimum.

In ear earphones go back much further than buds, and have the same hygiene issue. I know this as a friend from college (late 90's) tried to return some in ear headphones purchased in-store (not faulty, change of mind) but was refused a refund, on the basis of hygiene.

Hats, especially those for weddings are also often unreturnable and based on my recent personal experience, John Lewis highlighted that some expensive walking socks I was considering as a gift for my husband last Christmas were also not returnable... I didn't buy them as a result.

elsien

John Lewis returns policy does not list earbuds as one of the items that can’t be returned for hygiene reasons.
as above the rest depends on whether it was an in-store or online purchase.

Undervalued

Emmia said:

Undervalued said:

Emmia said:

prettyandfluffy said:

Unless they are faulty I think JL are correct in saying they cannot be returned for reasons of hygiene - this also applies to things like jewellery for piercings.  Obviously they could not resell them, would you want to buy earbuds that had been used by someone else? 

No returns for headphones / earbuds (for hygiene reasons) has been the case for 25+ years.

Although that may be a standard (and very sensible) policy I am not sure the law is quite as black and white as you suggest if the item is bought mail order? Earbuds don't go back 25 years and with over the ear headphones is the position any different to, say, buying a hat or gloves?

All a moot point if bought in the shop unless their terms of business convey rights over and above the legal minimum.

In ear earphones go back much further than buds, and have the same hygiene issue. I know this as a friend from college (late 90's) tried to return some in ear headphones purchased in-store (not faulty, change of mind) but was refused a refund, on the basis of hygiene.

Hats, especially those for weddings are also often unreturnable and based on my recent personal experience John Lewis highlighted that some expensive walking socks I was considering as a gift for my husband last Christmas were also not returnable... I didn't buy them as a result.

Yes, but in store there is no legal right to return anything unless faulty or significantly not as described. Any change of mind returns are an additional benefit the shop may choose to offer. If they do offer such terms then they are contractually obliged to comply with whatever terms they have offered.

Wedding hats being excluded is likely to be for a different reason. Being "bought" with the intention of returning after the wedding!

Many specialist camera dealers will tell you of problems with very expensive long lenses (often costing many thousands of pounds) being "bought" by mail order just before big airshows and similar events then returned!
Effectively trying to dodge the cost (maybe a couple of hundred pounds) of hiring similar equipment.

 Dishonest behaviour for which we all end up paying!