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Faulty product after 3/4 months of use. Unable to get replaced what can i do?

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So i bought a new pair of earphones from HMV last october near the end of the month. Now the end of last month they developed a fault. At first i spoke to someone via chat on the Phillips website and they confirmed my product had a fault and advised me to take them back to the retailer/store where they were purchased.


Today i took the headphones back to HMV with the original box and everything else that came with them along with the receipt from when i purchased them, the man behind the counter initially offered me a new pair then accepted my offer to get a different pair and pay the difference in price byt after seeing they were 3/4 months old said they couldn't do nothing because it was out with the 28 day period and i hadn't taken out any cover so i had to spend more money and get a new pair instead.


I'm wondering if there is anything i can do because i'm out of pocket having spent £15 on the headphones that broke and then spending £25+ warranty on another pair of headphones when i didn't want to.


Also to add there is no physical damage to the broken headphones and i still have the box, accessories as well as receipt so it's not like i damaged them myself to get a new pair or that.


Thanks for any response.

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they should exchange them or at least repair them.


SOGA is your friend!



please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Well i thought that i would be eligible for something as i took them back within several months of buying them and i had the receipt along with everything else in a condition that would describe as not quite new but close to new. I did speak with Phillips who asked me a few questions then confirmed the product as having a faulty and when asked they advised taking it back to the store which i did.

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HMV are giving you the 28 day middle finger.


that only applies to NON faulty goods if you are returning them for no other reason.


your goods are faulty, you are entitled to a replacement (do they even repair headphones? lol)

you correctly said can i pay more (ofcourse you can stores love this!)


go back in and ask to speak to the manager, there is no 28day no refund clause in the SOGA at all.

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I will go back and see what they can do again. I mean the reciept says the 28 days are for items bought in error or unwanted gifts which mine are not unwanted or bought in error but rather faulty.

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from the direct gov site


Shopping rights


When you go shopping anything you buy is covered by a law called the Sale of Goods Act 1979. This means that when you buy a product it should be:

As described


This means that the item you buy should be the same as any description of it. A description could be what the seller has said to you about the item or something written in a brochure.


Fit for purpose


What you buy should be able to do the job that it was made for. Also, goods should be fit for any specific purpose you agreed with the seller at the time of sale. For example, if you were looking to buy a printer and asked the seller if it would work with your computer then that advice has to be correct.


Satisfactory quality


Goods that are of satisfactory quality are:


  • free from minor defects (problems)
  • of a good appearance and finish
  • strong and safe

  • sale of goods act

  • Refunds

You can get your money back if an item is:


  • faulty (it doesn’t work properly)
  • incorrectly described
  • not fit for purpose

If you find that the item doesn’t meet these requirements you can ask for your money back, as long as you do so quickly. Alternatively, you can request a repair or replacement or claim compensation.


You do not have a right to a refund if you:


  • change your mind about a product
  • decide you do not like it

Receipts and proof of purchase


You don’t have to have a receipt to get a refund. However a seller can ask you to provide some proof of purchase. This could be a credit card bill or bank statement.


Items bought in a sale


If you buy anything in a sale you are still covered by the Sale of Goods Act. You wouldn’t get a refund if:

  • you were made aware of a fault before the sale
  • the fault should have been obvious when you bought the item


Hope this helps

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If you find that the item doesn’t meet these requirements you can ask for your money back, as long as you do so quickly. Alternatively, you can request a repair or replacement or claim compensation.




The time limit (within the European Union at least) is a minimum of two years.


There is a right to request a repair or replacement, but not an absolute right to get one. The repair or replacement must be possible and "proportionate". The right is otherwise to require a partial refund or to rescind the contract, to get your money back.





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