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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

Opened box product & full manufacturers warranty


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Hello, I've purchased this product

https://www.scan.co.uk/products/audeze-el-8-closed-back-planar-magnetic-headphones-(open-box)

 

 

after receiving it one of the first things I found was that one of the drivers does not work

and there were scratches on the product.

 

I've contacted them straight away and they've told me that they want to replace the product with another opened box,

but I believe this will not be in accordance to the "full manufacturers warranty"

and a reasonable outcome would be a repaired product or a new replacement product.

 

I've written them a fairly big email explaining that there should be separation of concern regarding this and asked what would be the case if they simply didn't have any open boxes left in stock.

 

What is the right procedure for such an issue?

 

Thanks

 

EDIT: I've got a response:

 

Hi,

 

Under no legal document does it state you are entitled to a full retail product after purchasing a refurbished/open box product as a replacement.

 

 

you are bound to the product you purchased which is an opened box high b grade product.

This is clearly reflected on the price that you paid.

 

We have discussed this over the phone and there is no way we can process your request in getting a full retail product which worked out at 100+ pounds.

 

We have already offered to collect your item and replace from stock.

If we no longer have any open box products in stock we would be left with no choice but to refund the product in full.

 

Please follow up on my colleagues email to arrange the collection.

 

regards,

https://www.scan.co.uk/products/audeze-el-8-closed-back-planar-magnetic-headphones-(open-box)

Edited by Andyorch
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Hello, I've purchased this product - scan.co.uk/products/audeze-el-8-closed-back-planar-magnetic-headphones-(open-box) - and after receiving it one of the first things I found was that one of the drivers does not work and there were scratches on the product.

 

I've contacted them straight away and they've told me that they want to replace the product with another opened box, but I believe this will not be in accordance to the "full manufacturers warranty" and a reasonable outcome would be a repaired product or a new replacement product.

 

I've written them a fairly big email explaining that there should be separation of concern regarding this and asked what would be the case if they simply didn't have any open boxes left in stock.

 

 

What is the right procedure for such an issue?

 

Thanks

 

EDIT: I've got a response:

 

 

 

 

https://www.scan.co.uk/products/audeze-el-8-closed-back-planar-magnetic-headphones-(open-box)

 

I think they are correct. You bought a discounted item which was in an opened box and they can replace with the same. If the replacement does not work properly, you can then claim a refund of what you have paid.

We could do with some help from you.

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I've asked for a legal document that states the opposite and I've got this:

 

Hi,

 

Yes you have paid for a product which should be in good condition and working order, which is why we have offered to collect your item and replace with another product from stock as mentioned earlier.

 

But mentioned earlier you will be replaced like for like. Under no circumstance you will not be replaced with an item that holds a higher value/quality rating as that is not what you paid for originally.

 

This is our only offer.

 

Regards,

 

Not sure if I'm stupid or they are.

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I think that if you bought an item which was described as – "open box" and was not described as being in new condition, and if you got a reduced price as a result, then I think you would have to expect to accept some blemishes.

 

On the other hand, you are entitled to have it in fully working condition. You say that one of the drivers was not working. I'm not too sure what you mean by this. Are you relating to the software?

 

Anyway, I think that they are quite right in expecting you to accept like-for-like. I'm sorry to say that I don't think you're entitled to expect a new replacement.

 

From the email which you have published here, it seems to me that they have reacted fairly promptly and correctly.

 

Because this contract was made after October 2015, and because you bought the fault to their notice within 30 days of having the item, you would be entitled to a full refund – but that means a full refund of the money you paid, not a full refund of the price of a brand-new one.

 

So I think the situation is that either you accept a refund of the money paid or you accept a replacement in working condition – and hopefully without the blemish – but that would be a matter of potluck

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I think that if you bought an item which was described as – "open box" and was not described as being in new condition, and if you got a reduced price as a result, then I think you would have to expect to accept some blemishes.

 

On the other hand, you are entitled to have it in fully working condition. You say that one of the drivers was not working. I'm not too sure what you mean by this. Are you relating to the software?

 

Anyway, I think that they are quite right in expecting you to accept like-for-like. I'm sorry to say that I don't think you're entitled to expect a new replacement.

 

From the email which you have published here, it seems to me that they have reacted fairly promptly and correctly.

 

Because this contract was made after October 2015, and because you bought the fault to their notice within 30 days of having the item, you would be entitled to a full refund – but that means a full refund of the money you paid, not a full refund of the price of a brand-new one.

 

So I think the situation is that either you accept a refund of the money paid or you accept a replacement in working condition – and hopefully without the blemish – but that would be a matter of potluck

 

Drivers will refer to some of the internal components of a headset I believe.

 

But the retailer are correct in saying that they'll replace the Open Box product for another Open Box product. I think you're being very unreasonable expecting them to replace it with a brand new sealed product that would have cost more. Why do you feel that you're entitled to this?

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Driver = headphone speaker.

 

I understood all and I do not expect to get a refund bigger than the amount I've paid, but the product states that it's covered by full manufacturers warranty - I interpret this as following the official manufacturer's warranty terms & conditions, which are pretty much this - audeze.zendesk.com/entries/21334962-How-long-is-my-Warranty-for-What-does-it-cover-

 

So, my concern is that this issue would have been treated differently if this was the last open box that they've sold. They would not have any other open boxes to replace with - they would follow the manufacturers warranty => repair or replacement product. And after asking them what would happen if that was the last open box they've told me that they were going to refund me, but in the same time they state a 6 month warranty on the product page, and "FULL manufacturers warranty" (which is 3 years) in the product description. What?

Edited by irlgeez
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Driver = headphone speaker.

 

I understood all and I do not expect to get a refund bigger than the amount I've paid, but the product states that it's covered by full manufacturers warranty - I interpret this as following the official manufacturer's warranty terms & conditions, which are pretty much this - audeze.zendesk.com/entries/21334962-How-long-is-my-Warranty-for-What-does-it-cover-

 

So, my concern is that this issue would have been treated differently if this was the last open box that they've sold. They would not have any other open boxes to replace with - they would follow the manufacturers warranty => repair or replacement product. And after asking them what would happen if that was the last open box they've told me that they were going to refund me, but in the same time they state a 6 month warranty on the product page, and "FULL manufacturers warranty" (which is 3 years) in the product description. What?

 

That is always a choice. I.e go back to retailer using consumer rights or approach the manufacturers to claim under the warranty.

 

You don't seem to want to deal with the retailer on the basis of getting another open box replacement and therefore you might choose the manfacturers warranty route.

 

I doubt for this type of product that the retailer is going to organise a repair.

 

I had a similar situation years ago and it would seem a shop had lots of opened boxes, because the product was getting a lot of returns for different faults. So i asked for the replacement to be tested and confirmed as in full working order. Thankfully it was.

We could do with some help from you.

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Thanks for the reply. Unfortunately they are the official distributor for the UK.

I wonder if it's worth contacting Audeze directly so they could hopefully authorize Scan to do a repair/replacement.

Or I could ask for an open box replacement that could be tested before they ship it out, but then I do not know if the product has 6 months of warranty instead of 36...

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You could contact the manufacturers about this situation and decide what to do.

 

Some online companies are not proper retail outlets as you might think. They may just be a big warehouse operation, where these open box products are not tested before sale. They buy the products in a large quantity for a fraction of their retail price and they don't want to get involved in repairs. They take products back from customers and may try to resell them, if at first glance they don't see anything wrong with them. I doubt they are properly tested before being sold.

 

Ask about the warranty situation.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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thye buy all of the returns from catalogues and stores like Argos so when someone sends something back it may be because it was faulty rather than they didnt want it. This means that you get an untested item which they should replace. Cosmetic damage is acceptable and if you dont want a replacement then you should have insisted on a refund. Manufacturers warranty nothing to do with anything, they sold it and they are responsible. Now you have to be clear that you want a working replacement or your money back, you cant be demanding something you have no rights to.

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