hearing aid returns

Alderbank

They are incredibly small, no bigger than a single coffee bean. 3 of them would not cover a 5p coin. They fit entirely in the ear canal out of sight. The tiny pin, about half the size of a dressmaker's pin, is to pull them out.

An interesting choice for someone with acute arthritis of the hands.

TELLIT01

Surely if they are sanitising the hearing aids they can't then be sold as new? Is there anything hidden in the T&C to say the hearing aids may have been used previously?

TELLIT01

In ear, assuming they are the ones I tried. I was unable to get one of the aid physically in my ear but because I had inserted the other one and said I could hear something through it I walked straight into their very limited 'voluntary' system. Even that took weeks to get any sort of money back.

Okell

https://forums.moneysavingexpert.com/discussion/comment/82049326#Comment_82049326

I think the potential point is that if the hearing aids can be "sanitised" or "sterilised" and resold, then the seller cannot claim the "hygiene and health" exception to cancellation.

that view rests on a european court decision about mattresses that decided that if an item could be cleaned or "sanitised" and resold, then a seller could not rely on that exception to prevent a consumer from cancelling under the CCRs

I know we've left the EU but there is a view that UK courts would consider European court decisions at least persuasive in respect of UK legislation derived from the EU.

If the seller is conceding that they sanitise and resell returned used hearing aids, they seem to be also conceding that their contracts can be cancelled.

Of course the seller can try to make a deduction for use from any refund, but my understanding is that they can only do that if they have complied with all the information requirements of the regulations.

It's not clear to me that the trader here has provided all the necessary pre-contract information, so I'm not sure that they are permitted to make any deduction for use…

ThumbRemote

Am I missing something?

Assuming the website is https://trysmarthearing.co.uk/products/smart-hearing-comfort there's no direct mention of terms for the trial - you can "add to cart" and check out without agreeing to anything. There's no link to the terms on the checkout page. There's even drop-down on the product page that says "45-day trial at home" and makes no reference to the terms that apply.

The only place the terms are found is in the footer of the web page. But to not reference them at all within the whole purcahse process would be a misleading omission under the Digital Markets, Competition and Consumers Act section 227:

"references to omitting information include providing information—
(a)in a way that is unclear or untimely, or
(b)in such a way that the consumer is unlikely to see"

As such they'd be entitled to a "right to unwind" the contract for a full refund.

Okell

https://forums.moneysavingexpert.com/discussion/comment/82050405#Comment_82050405

I don't know what the terms of this "free trial" are, but if it's described as "free" with no refernce to any other T&Cs then it should be free.

If they want to pretend it's a distance contract and not a "free trial" then they need to comply with the information requirements of the CCRs.

If they haven't - and I'm not sure they have - then presumably the contract is void.

The consumer retruns the goods and the seller can't charge anything. (If the consumer has already paid something the seller must make a full refund)

Alderbank

https://forums.moneysavingexpert.com/discussion/comment/82050405#Comment_82050405

Yes, I think you are missing something, the seller's 'Return policy'.

I posted a link to it earlier in the thread. What's your view of that?

sheramber

https://forums.moneysavingexpert.com/discussion/comment/82049725#Comment_82049725

according to the reply from the seller they recommended ‘behind the ear aids’.

sheramber

He states there is a 30 free trial.

What does that mean?

Is that restricted to not having been used?

The seller ‘s reply only mentions the 45 day Better Hearing Guarantee which applies only if the hearing aids do not make any difference to the wearer’s hearing.

As they did improve the hearing when worn, that guarantee does not apply.

However, until the OP confirms who the seller is , it is all assumptions which may be correct or may be wrong.

ThumbRemote

https://forums.moneysavingexpert.com/discussion/comment/82050629#Comment_82050629

My views is that it would be a perfectly valid return policy, were it mentioned (or linked to) in the relevant section of the web page.

Instead there's no mention here, nor any mention when you check out. It's on a seperate page, linked from the website footer, 11 pages down (on my PC).

That's covered by the Digital Markets, Competition and Consumers Act, as I stated.