hearing aid returns

DWS55

I bought a pair of in ear hearing aids for my 90 year old mum on line. Unfortunately due to the arthritis in her fingers she can't insert them on her own.

they arrived on the 9th of June supposedly with a 30 day trial.

I contacted the company and asked for them to be returned under their 30 day trial, they asked me lots of question to organise the return and have now come back yesterday with the reply below.

What I want to know is do I have aright under the distance selling part of the consumer rights to return them for two reasons , one being i asked for a return withing 14 days and two being they were unsuitable for her to use. Thanks in advance for any help

Thank you for your patience while I have had the case assessed by our Internal Review Team. I want to give you a full and transparent account of their findings, and of the resolution they have authorised.

REPLY from company

As confirmed in my previous email, the key facts on file are:

• Use and duration: The aids arrived on 9 June. Your mother has worn them on the days you have visited to insert them — roughly 7 to 8 days in total — for approximately 3 to 4 hours per session on weekday evenings and longer at weekends.
• Sound awareness vs unaided: On the occasions she has worn them correctly inserted, your mother has noticed a difference in her hearing compared to wearing no aids at all.
• Hearing loss classification: Audiologist-assessed mild to moderate hearing loss. Currently prescribed Phonak behind-the-ear aids.
• Primary difficulty: Physical dexterity — severe arthritis prevents independent insertion and removal. When inserted by you, the aids do provide some hearing benefit.
• Environments tested: Home conversation and TV.
• Dome size: Small (smallest included size).
• Return condition: Awaiting confirmation that the full set is complete and in working condition.

1 — Legal and Policy Assessment

Under the Consumer Rights Act 2015, Sections 9 and 10, a refund is required where goods are found to be faulty, misdescribed, or unfit for their intended purpose. The hearing aids are powering on, amplifying sound correctly, and providing measurable hearing benefit when worn. The difficulty your mother is experiencing — being unable to insert the aids independently due to severe arthritis — is a matter of physical handling and personal suitability rather than a functional defect with the product itself. The product performs as designed and as described, which means no statutory refund right arises in these circumstances.

2 — Hygiene and Medical Device Regulations

Under Regulation 28(3)(a) of the Consumer Contracts Regulations 2013, in-ear medical devices that have been unsealed and used cannot ordinarily be returned unless a fault is confirmed. Because the aids have been worn, all returned units must go through a regulated inspection process before any resolution can be confirmed. This is a legal requirement, not a discretionary step.

3 — 45-Day Better Hearing Guarantee

Our 45-Day Better Hearing Guarantee is a voluntary commercial policy that goes further than UK consumer law requires. It was designed to give customers a genuine opportunity to trial the hearing aids and, where no improvement in hearing is experienced after a fair trial, to request a return.

Because the guarantee is voluntary, it comes with defined terms to keep the process fair for all customers. It applies specifically where a customer has completed a genuine trial and experienced no measurable improvement in hearing compared to going unaided. In your mother's case, she has confirmed improvement in hearing on the occasions she has worn the aids correctly. The challenge she faces is physical — she is unable to insert them independently — rather than an absence of hearing benefit. The Important Information section of our guarantee policy is clear that returns based on personal handling difficulties, rather than a genuine absence of hearing improvement, fall outside the scope of a full guarantee refund.

I want to be honest with you: the team found this case genuinely sympathetic. Your mother's situation — her age, the severity of her arthritis, and the practical reality that independent use is not possible for her — was considered carefully and in full.

4 — Return Processing and Costs

All returned in-ear hearing aids must go through a medical-grade process including full disinfection, replacement of hygiene components, and inspection of all internal parts. In a number of cases a unit cannot be refurbished at all following this process. This is a regulatory requirement and one of the reasons a full refund is not always possible even where we genuinely want to do the right thing for the customer.

5 — Final Goodwill Resolution

Although no refund is legally or contractually due under the Better Hearing Guarantee in these circumstances, I personally presented your mother's situation in full to the Internal Review Team and pressed for the strongest resolution available. After careful consideration of everything on file — her age, the arthritis diagnosis, the practical impossibility of independent daily use, and the genuine effort made — they have approved the following as a discretionary goodwill gesture:

Okell

Apologies if I'm being thick, but what is the goodwill gesture they have offered?

Aylesbury_Duck

That all reads very reasonably. If those are the terms of the trial as set out at purchase, they appear to be adhering to them. I don't see that the 14-day situation is relevant here, because your mother used them a lot more than she would have been able to do so in a shop, which is what the 14-day right of return is there to address in the case of an online purchase.

What's the gesture?

MyRealNameToo

https://forums.moneysavingexpert.com/discussion/6673971/hearing-aid-returns

Im confused too, they say they are going to process it as goodwill so what's the problem?

Unless they were advertised as explicitly for someone with bad arthritis in their hands doesnt mean they arent suitable - the clause is in general not specific.

They are correct in pointing out there are hygiene exclusions in the CCR however it requires there to be a clear hygiene seal which the customer must have removed to invalidate their rights. Were they sealed when you got them? Was there any paperwork or stickers outside the sealed element explaining its a hygiene seal and you cant return if broken?

Grumpy_chap

AIUI, the 14-day CCR option does not apply because of hygiene exclusion.

There is a retailer trial and return period but that does not apply because the hearing aids passed the trial conditions (improved hearing when in use).

Notwithstanding that, some goodwill gesture has been offered. What is that goodwill gesture? It might be as good as it gets in the circumstances but as the details of the goodwill gesture have not been shared, none of us can comment.

I bought a pair of in ear hearing aids for my 90 year old mum on line. Unfortunately due to the arthritis in her fingers she can't insert them on her own.

they arrived on the 9th of June supposedly with a 30 day trial.

I contacted the company and asked for them to be returned under their 30 day trial, they asked me lots of question to organise the return and have now come back yesterday with the reply below.

What I want to know is do I have aright under the distance selling part of the consumer rights to return them for two reasons , one being i asked for a return withing 14 days and two being they were unsuitable for her to use. Thanks in advance for any help

Thank you for your patience while I have had the case assessed by our Internal Review Team. I want to give you a full and transparent account of their findings, and of the resolution they have authorised.

REPLY from company

As confirmed in my previous email, the key facts on file are:

Use and duration: The aids arrived on 9 June. Your mother has worn them on the days you have visited to insert them — roughly 7 to 8 days in total — for approximately 3 to 4 hours per session on weekday evenings and longer at weekends.

Sound awareness vs unaided: On the occasions she has worn them correctly inserted, your mother has noticed a difference in her hearing compared to wearing no aids at all.

Hearing loss classification: Audiologist-assessed mild to moderate hearing loss. Currently prescribed Phonak behind-the-ear aids.

Primary difficulty: Physical dexterity — severe arthritis prevents independent insertion and removal. When inserted by you, the aids do provide some hearing benefit.

Environments tested: Home conversation and TV.

Dome size: Small (smallest included size).

Return condition: Awaiting confirmation that the full set is complete and in working condition.

1 — Legal and Policy Assessment

Under the Consumer Rights Act 2015, Sections 9 and 10, a refund is required where goods are found to be faulty, misdescribed, or unfit for their intended purpose. The hearing aids are powering on, amplifying sound correctly, and providing measurable hearing benefit when worn. The difficulty your mother is experiencing — being unable to insert the aids independently due to severe arthritis — is a matter of physical handling and personal suitability rather than a functional defect with the product itself. The product performs as designed and as described, which means no statutory refund right arises in these circumstances.

2 — Hygiene and Medical Device Regulations

Under Regulation 28(3)(a) of the Consumer Contracts Regulations 2013, in-ear medical devices that have been unsealed and used cannot ordinarily be returned unless a fault is confirmed. Because the aids have been worn, all returned units must go through a regulated inspection process before any resolution can be confirmed. This is a legal requirement, not a discretionary step.

3 — 45-Day Better Hearing Guarantee

Our 45-Day Better Hearing Guarantee is a voluntary commercial policy that goes further than UK consumer law requires. It was designed to give customers a genuine opportunity to trial the hearing aids and, where no improvement in hearing is experienced after a fair trial, to request a return.

Because the guarantee is voluntary, it comes with defined terms to keep the process fair for all customers. It applies specifically where a customer has completed a genuine trial and experienced no measurable improvement in hearing compared to going unaided. In your mother's case, she has confirmed improvement in hearing on the occasions she has worn the aids correctly. The challenge she faces is physical — she is unable to insert them independently — rather than an absence of hearing benefit. The Important Information section of our guarantee policy is clear that returns based on personal handling difficulties, rather than a genuine absence of hearing improvement, fall outside the scope of a full guarantee refund.

I want to be honest with you: the team found this case genuinely sympathetic. Your mother's situation — her age, the severity of her arthritis, and the practical reality that independent use is not possible for her — was considered carefully and in full.

4 — Return Processing and Costs

All returned in-ear hearing aids must go through a medical-grade process including full disinfection, replacement of hygiene components, and inspection of all internal parts. In a number of cases a unit cannot be refurbished at all following this process. This is a regulatory requirement and one of the reasons a full refund is not always possible even where we genuinely want to do the right thing for the customer.

5 — Final Goodwill Resolution

Although no refund is legally or contractually due under the Better Hearing Guarantee in these circumstances, I personally presented your mother's situation in full to the Internal Review Team and pressed for the strongest resolution available. After careful consideration of everything on file — her age, the arthritis diagnosis, the practical impossibility of independent daily use, and the genuine effort made — they have approved the following as a discretionary goodwill gesture:

sheramber

Must be a secret.

The OP was logged on until after 3 pm but has not answered the question.

DWS55

in answer to some of the point raised the good will gesture was £45 plus paying for return postage, which i didn't think was acceptable, the cost was £149.00

As for the other point, yes the aids were sealed in cellophane but there was no specific notification or warning that if the seal was broken you cant return the item.

therefore I believe they have contravened CCR Regulation 28(3)(a)

elsien

I suspect the OP may not be back. If I am wrong, my apologies and perhaps you could mention the retailer so that the terms and conditions of the trial can be clearly checked.

Although in line with what others have said, the reply does seem to be reasonable.

Aylesbury_Duck

https://forums.moneysavingexpert.com/discussion/comment/82048754#Comment_82048754

Are you sure about that point? Have you kept all the packaging? If they were bought from Smart Hearing (which seems to be a place that sells Phonak hearing aids at £149 with a 45 day trial) then retaining all the packaging is a condition of return.

If there was some sort of warning in the packaging or in the instructions, then I think their offer of a partial refund is very reasonable in the circumstances.

Ergates

As for the other point, yes the aids were sealed in cellophane but there was no specific notification or warning that if the seal was broken you cant return the item.

therefore I believe they have contravened CCR Regulation 28(3)(a)

28(3)(a) doesn't specify that the seal says "Hygiene Seal" on it, just that the items were sealed for hygiene reasons.

"in the case of a contract for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, if they become unsealed after delivery;"

They'd have to be able to justify why the item required a hygiene seal - but that would be easy for something that goes into your ear.

Okell

https://forums.moneysavingexpert.com/discussion/comment/82048840#Comment_82048840

Playing Devil's Advocate, if this situation is a distance contract, is the seller required by the regs to tell purchasers prior to purchase that the contract cannot be cancelled for health or hygiene reasons?

I'm wondering about the meaning and effect of para 13 and Schedule 2 of the regulations.

(Bearing in mind most consumers are aware of the right to cancel and return a distance contract, I wonder if the regulations are intended to be read such that if there is no right to cancel, then the consumer should be informed of this before deciding to buy? Some online retailers do tell you, but are they obliged to tell you?)