Help with a consumer rights question

[MrRockliffe]

I've been presented with a problem. I bought a pair of HD8 DJs from Sennheiser and they've become really squeaky to the point where it's affecting the music. I rang them about it (for the 3rd time) and they said it's a manufacturing fault. They issued an RMA number and emailed me with details and I have to pay postage to send them in? I'd have thought that since it's a manufacturing defect caused by them that they'd have to pay for postage on the item?


I'm unsure about how to proceed with this. I don't wan't to have to pay 10 GBP delivery on an item because it's squeaky (even if it is affecting music) when it's not a fault of mine.

Help would be much appreciated

[kalniel]

Your contract is with the retailer, not the manufacturer. Return them to the retailer and they should handle it.

[Zak33]

if you have to post them you will likely have to pay.

If you'd bought something in a shop.. you'd have to drive back to the shop too

Same rules

[Saracen]

Your contract is with the retailer, not the manufacturer. Return them to the retailer and they should handle it.

Yes, but with the small caveat that IF the manufacturer offered a warranty, they can be legally held to it, so it might be possible, and sometimes optimal, to go to the manufacturer. One example might be when all the retailer will do is send them to the manufacturer, so going direct may achieve the same result, but quicker.

Also, of course, the manufacturer may replace them, whereas the retailer may offer a pro-rata refund. Or, the retailer may have gone bust.

But you're right, of course, that the first line of attack is probably retailer, not manufacturer.

[MrRockliffe]

Normally fair enough, but they sold me a faulty product - something that had I have been aware of at the time I wouldn't have bought. Had the fault have developed over time (a blown driver) then fair enough but the product was faulty before it even got to me.

I did speak to the retailer and they told me to contact Sennheiser.

[Saracen]

Normally fair enough, but they sold me a faulty product - something that had I have been aware of at the time I wouldn't have bought. Had the fault have developed over time (a blown driver) then fair enough but the product was faulty before it even got to me.

When you said (post #1) you bought "from Sennheiser", do you mean you bought direct from Sennheiser, or bought Sennheiser phones from Amazon, or Tesco, or whatever?

If goods were faulty on arrival, then yes, the seller should either collect or reimburse your costs of returning them. How long have you had them? Are you still inside your DSR cancellation period?

[KeyboardDemon]

When you said (post #1) you bought "from Sennheiser", do you mean you bought direct from Sennheiser, or bought Sennheiser phones from Amazon, or Tesco, or whatever?

If goods were faulty on arrival, then yes, the seller should either collect or reimburse your costs of returning them. How long have you had them? Are you still inside your DSR cancellation period?

Just what I was thinking. If I was within DSR cancellation then I would have arranged RMA on that basis, Amazon arrange collection or pre-paid postage labels for you to take the item to your nearest post office.

[MrRockliffe]

I paid for them on the 9th of a March. I didn't get them direct from sennheiser - I meant that they're a sennheiser product.

[MrRockliffe]

I'm familiar with amazon returns (I buy everything else from them) but they didn't have the HD8 at the time of purchase, especially for £50 less than launch . It's for this reason I was unsure about having to pay to return them.

[OilSheikh]

Watch who you choose to shop with. Some offer free returns and will have a FREEPOST or a UPS/Collect+ free return. With others, you have to pay

Use Inpost via Interparcels , to get a low postage

[Saracen]

For inherently faulty goods, as defined by SoGA, you should not have to pay to return them. The supplier should collect, or if you return them, tell the supplier what they will cost you to package, insure and ship, and get confirmation that they will reimburse.

But MrRockliffe, get your ass in gear, and quickly.

Your legal position becomes significantly weaker after the 6 month point, after delivery occurs, and from 9th March, that is imminent. Very imminent.

Preferably, get them on their way, and if you haven't already, if you've been dealing by phone, at an absolute minimum, get something in writing, from the retailer before the 6 months is up.

[Tallflip]

From a legal standpoint, the contract you have is usually between you and the retailer (credit cards change it of course but for this should be ok). If the product is faulty within a reasonable time then you can expect the retailer to exchange or repair. It can be useful to know the sale of goods act:

http://www.which.co.uk/consumer-righ...e-of-goods-act

[Saracen]

From a legal standpoint, the contract you have is usually between you and the retailer (credit cards change it of course but for this should be ok). If the product is faulty within a reasonable time then you can expect the retailer to exchange or repair. It can be useful to know the sale of goods act:

http://www.which.co.uk/consumer-righ...e-of-goods-act

Credit card changes it a bit, in that the Consumer Credit Act makes the card comoany joint and severally luable with the retailer, who's still the best first point of contact, and the CCA only protects for transactions > £100.

There is also a binding and enforceable contract with the manufacturer IF they offer one, and IF the consumer knew of and relied on it at time of purchase.

But you're right, the primary recourse is to the retailer.

If you act fast enough, you can reject goods and get a full refund, but that does have to be pretty fast. It's not defined anywhere, but it may be a few days, and only rarely and in unusual circumstances will go beyond 30 days.

After that, you're entitled (with some conditions) to repair, replacement or a refund with a ori-rata deduction for usage you've enjoyed before they failed, IF the goods fail to meet SoGA standards, mainly, satisfactory quality and/or fitness for purpose. But defects in the goods MUST be "inherent" at time of purchase for that to apply, and the time lapse since purchase is critical for determining where the burden of proof lies. For the first 6 months, there is a statutory presumption that the fault is inherent, unkess the retailer can prove otherwise. After 6 months, the presumtion is that it's not inherent, unless the buyer can prove it is.

And that's why I said to get the complaint in, in writing (I.e. a form you can prove was before the 6 months) before that time limit expires, because it gets significantly harder to prove, and riskier in that the buyer will likely have to get an indepent report done, and pay for it, which they won't get back if they lose the case.

Ideally, of course, either the retailer or manufacturer sorts it out eithout neefing tomget invoved in all that, and in this case, Sennheiser seem willing to sort it out if the phones are returned yo them. So, best bet (IMHO) is to deal with the retailer if possinle, because they ARE liable for carriage costs on genuinely faulty goods, but if not, bite the bullet on the cost of sending them to Sennheiser, and do that. It isn't, IMHO of course, worth the hassle of small claims court if you get problems with the retailer, when Sennheiser will sort it for the cost of sending them in.