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earphones that dont fit.

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  • 25-07-2010 4:45pm
    #1
    alyssa_1
    Closed Accounts Posts: 6 ✭


    i bought a pair of earphones form the vodafone shop in dundrum the other day. Once i got home, i tried them on and found out they dont fit!
    so i went back and told the sales person my problem and he said he cant take them back.

    What do i do now?
    they cost 25 euro!! i do not want to keep them!

    the name of the product is 'stereo handset' - original accessory by samsung.


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    #2
    I_Am_The_Walrus
    Closed Accounts Posts: 126 ✭✭I_Am_The_Walrus


    Write to Samsung maybe?


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    #3
    alyssa_1
    Closed Accounts Posts: 6 ✭alyssa_1


    i did and this is what i got
    "Samsung cannot offer any assistance regarding this, though I would
    recommend contacting Consumers Advice who can advise on how to take
    action against the retailer if possible."




    surely, vodafone should be able to take it back?
    i went back the next day!
    if they dont fit, they dont fit and i shouldnt have to be left with earphones that i cant use.


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    #4
    Thoie
    Registered Users Posts: 6,344 ✭✭✭Thoie


    I think you're out of pocket.

    No-one is going to take back earphones after they've been near your ears (I was going to say "in"). There is nothing technically wrong with them - presumably if you plug them in they play music. Unless the salesman in the shop sold them to you saying "these will definitely fit your ears", there's not much you can do, and nothing that the shop or the manufacturer are required to do.


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    #5
    jor el
    Closed Accounts Posts: 16,713 ✭✭✭✭jor el


    When you say it doesn't fit, do you mean in your ears or in the phone jack connector? If it's the phone connection you're talking about, and you just bought the wrong one, then they don't have to take it back unless they told you this was for your phone. If you just bought it without checking, then it's your own fault.

    If it's your ears they don't fit, then I don't know what to say, but I doubt the retailer is under any obligation to accept the return.


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    #6
    keithclancy
    Registered Users Posts: 9,208 ✭✭✭keithclancy


    alyssa_1 wrote: »
    i bought a pair of earphones form the vodafone shop in dundrum the other day. Once i got home, i tried them on and found out they dont fit!
    so i went back and told the sales person my problem and he said he cant take them back.

    What do i do now?
    they cost 25 euro!! i do not want to keep them!

    the name of the product is 'stereo handset' - original accessory by samsung.

    Think its the same rule as when buying underpants, you cant bring them back after wearing them.

    Would you buy earphones knowing they'd been jammed into someone elses ear orifice ?


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    #7
    jpb1974
    Registered Users Posts: 3,020 ✭✭✭jpb1974


    Think its the same rule as when buying underpants, you cant bring them back after wearing them.

    Aye... Ear Wax and Skid Marks... there's now't worse.


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    #8
    28064212
    Registered Users Posts: 10,636 ✭✭✭✭28064212


    You have no rights here. It's no different than buying a pair of jeans that don't fit, or a gift that someone doesn't want. The headphones are designed to play music through small speakers. They are not designed to fit every ear and do not carry any guarantee (stated or implied) that they will. Unless there's something wrong with them, Vodafone are under no obligation to take them back.

    Some shops will take things back as a goodwill gesture, but they are not required to do so, and I can certainly see why headphones would not fall under that, it's not like they can re-sell them

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    #9
    jpb1974
    Registered Users Posts: 3,020 ✭✭✭jpb1974


    If you look at a site that sells earphones such as MyMemory.com you'll see that they specifically state:

    "Please note that, due to hygiene reasons, we are unable to accept non-faulty headphone returns which have been opened."

    e.g.

    http://www.mymemory.co.uk/In-ear-Headphones/Sennheiser/Sennheiser-CX300-Ear-Canal-Headphones---White


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    #10
    seamus
    Registered Users Posts: 68,317 ✭✭✭✭seamus


    28064212 wrote: »
    You have no rights here. It's no different than buying a pair of jeans that don't fit, or a gift that someone doesn't want. The headphones are designed to play music through small speakers. They are not designed to fit every ear and do not carry any guarantee (stated or implied) that they will. Unless there's something wrong with them, Vodafone are under no obligation to take them back.

    Some shops will take things back as a goodwill gesture, but they are not required to do so, and I can certainly see why headphones would not fall under that, it's not like they can re-sell them
    This is actually a little bit more of a grey area than you might think. Goods must be fit for the specific purpose for which they are being bought, not the general purpose, and it is the duty of the shop to ensure that this is the case.

    That is, if someone is buying a pair of earphones to use, they don't just have to be fit for use as a pair of earphones, they must be fit for the buyer to use as a pair of earphones.

    In a clothes shop, if the shop does not provide a dressing room they are obliged to take back clothing which does not fit the buyer because neither the buyer nor the shop owner is able to ascertain if the article is fit for it's purpose (i.e. to be worn by the buyer).

    Most of this is pretty grey - if the earphones are badly soiled or damaged, then the shop may have a limited obligation.

    In this case, if the earphones do not fit your ear, then they are not fit to be used by you as earphones, and you are entitled to return them to the shop. Speak to a manager about it and if you're still not getting anywhere, speak to the NCA http://www.consumerconnect.ie/eng/


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    #11
    28064212
    Registered Users Posts: 10,636 ✭✭✭✭28064212


    seamus wrote: »
    In a clothes shop, if the shop does not provide a dressing room they are obliged to take back clothing which does not fit the buyer because neither the buyer nor the shop owner is able to ascertain if the article is fit for it's purpose (i.e. to be worn by the buyer).
    Really? I'm surprised at that. I suppose it's unlikely that the shop would have a facility to 'try on' a pair of earphones.

    Another side of it is whether they actually "don't fit". The definition of 'fitting' for earphones is a lot greyer than clothes

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    #12
    seamus
    Registered Users Posts: 68,317 ✭✭✭✭seamus


    28064212 wrote: »
    Really? I'm surprised at that. I suppose it's unlikely that the shop would have a facility to 'try on' a pair of earphones.
    It's a bit of an educated guess on the part of retailers. Most earphones will fit the majority of people's lugholes, so the odds of someone actually having difficulty to the point where they'll return a pair is quite limited.

    The shop selling an item is supposed (technically) to check what you're buying the item for - to ensure that it will do what you want it to do - but most of the time this isn't necessary, largely because of the amount of writing on the box/packet or because most things have a simple and unambiguous purpose.
    The definition of 'fitting' for earphones is a lot greyer than clothes
    Agreed. I've had earphones which took some "settling in" - i.e. stretching my earholes slightly.


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    #13
    jpb1974
    Registered Users Posts: 3,020 ✭✭✭jpb1974


    The definition of 'fitting' for earphones is a lot greyer than clothes
    Agreed. I've had earphones which took some "settling in" - i.e. stretching my earholes slightly.

    Here, here... same with the underpants. I always insist on a fitting before purchase these days.


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    #14
    keithclancy
    Registered Users Posts: 9,208 ✭✭✭keithclancy


    jpb1974 wrote: »
    Here, here... same with the underpants. I always insist on a fitting before purchase these days.

    Have to checkout the groin streching for comfort also.


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    #15
    Thoie
    Registered Users Posts: 6,344 ✭✭✭Thoie


    seamus wrote: »
    In a clothes shop, if the shop does not provide a dressing room they are obliged to take back clothing which does not fit the buyer because neither the buyer nor the shop owner is able to ascertain if the article is fit for it's purpose (i.e. to be worn by the buyer).

    Yes, but shops don't usually take returns on underwear, earrings and other things for hygiene purposes, while pointing out that this doesn't affect your statutory rights.


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    #16
    dotsman
    Registered Users Posts: 3,636 ✭✭✭dotsman


    seamus wrote: »
    That is, if someone is buying a pair of earphones to use, they don't just have to be fit for use as a pair of earphones, they must be fit for the buyer to use as a pair of earphones.
    Is this an opinion or fact? If a fact, can you link to some evidence?
    seamus wrote: »
    In a clothes shop, if the shop does not provide a dressing room they are obliged to take back clothing which does not fit the buyer because neither the buyer nor the shop owner is able to ascertain if the article is fit for it's purpose (i.e. to be worn by the buyer).
    No shop anywhere will let you try on underwear in the changing room (and for good reason). Regardless, they still won't accept returns just because they don't "fit" correctly (again, for good reason).
    seamus wrote: »
    In this case, if the earphones do not fit your ear, then they are not fit to be used by you as earphones, and you are entitled to return them to the shop.
    Again, is this not just your opinion? The only way I could see them as been deemed not "fit for purpose" is if they fit nobody's ears.

    Ultimately, the OP bought a very cheap pair of earphones and wasn't happy with the quality. This often happens. I would strongly suggest buying a much better pair, that comes with multiple plug sizes (and much better sound quality too!).


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    #17
    dilallio
    Registered Users Posts: 2,728 ✭✭✭dilallio


    dotsman wrote: »
    Ultimately, the OP bought a very cheap pair of earphones

    She paid 25 Euro for the earphones - that's not very cheap!


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    #18
    dotsman
    Registered Users Posts: 3,636 ✭✭✭dotsman


    dilallio wrote: »
    She paid 25 Euro for the earphones - that's not very cheap!

    I'm sorry, but that is cheap. Earphones go up to several hundred euro (for the best quality). For standard use, I would say anything less than €25 is cheap,€25-€50 for an average set, €50-€100 for a good set, and €100+ for a top-quality set. As she paid €25 in a vodafone shop, I would imagine that, they really probably only cost €10-€15 in an online shop (a vodafone store would not exactly be known for it's good value).

    Note the price range on websites like this or this for an example of the range of earphones available.


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    #19
    dudara
    Registered Users Posts: 33,518 ✭✭✭✭dudara


    I've had this problem in the past too. I've tried to buy earphones with the compressable buds - so that I could get a pair that would fit.

    I've tried several pairs and I just can't get any that fit into my ear canal comfortably without slipping out. I actually returned the last pair as they were quite expensive and none of the buds would fit. In fairness to the retailer, they were quite good about it.


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    #20
    seamus
    Registered Users Posts: 68,317 ✭✭✭✭seamus


    dotsman wrote: »
    Is this an opinion or fact? If a fact, can you link to some evidence?
    ....
    Again, is this not just your opinion? The only way I could see them as been deemed not "fit for purpose" is if they fit nobody's ears.
    Re-reading the SOGA, I got turned around on this matter. I did think it was a bit weird when I was typing it. The goods need to be fit for the purposes for which they're generally used.

    Where I got confused is that if the buyer tells the seller what they intend to use the goods for and the seller continues with the sale, it is implied as a condition of the sale that the goods will be fit for that purpose, even if it's not the one for which they're commonly used. For example, if I buy an indoor hanging basket and tell the seller that I plan on using it to hang shrubbery on my garden wall, then he is obliged to tell me that it won't work, or he must allow me to return it when it doesn't work.

    So apologies for the misinformation.

    Clothing still falls into a grey area somewhat. If a visibly enormous person tries to buy clothing which is clearly too small for them, there may be an obligation on the part of the retailer to tell them that they think the item is not fit for that specific purpose.


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    #21
    keithclancy
    Registered Users Posts: 9,208 ✭✭✭keithclancy


    seamus wrote: »
    Re-reading the SOGA, I got turned around on this matter. I did think it was a bit weird when I was typing it. The goods need to be fit for the purposes for which they're generally used.

    Where I got confused is that if the buyer tells the seller what they intend to use the goods for and the seller continues with the sale, it is implied as a condition of the sale that the goods will be fit for that purpose, even if it's not the one for which they're commonly used. For example, if I buy an indoor hanging basket and tell the seller that I plan on using it to hang shrubbery on my garden wall, then he is obliged to tell me that it won't work, or he must allow me to return it when it doesn't work.

    So apologies for the misinformation.

    Clothing still falls into a grey area somewhat. If a visibly enormous person tries to buy clothing which is clearly too small for them, there may be an obligation on the part of the retailer to tell them that they think the item is not fit for that specific purpose.

    Jesus . imagine saying that ..

    Hey fatty ... you ain't gonna fit into these thongs ...


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    #22
    jpb1974
    Registered Users Posts: 3,020 ✭✭✭jpb1974


    It appears you don't have the balls for those Mr. Clancy :(


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    #23
    parsi
    Site Banned Posts: 5,904 ✭✭✭parsi


    dudara wrote: »
    I've had this problem in the past too. I've tried to buy earphones with the compressable buds - so that I could get a pair that would fit.

    I've tried several pairs and I just can't get any that fit into my ear canal comfortably without slipping out. I actually returned the last pair as they were quite expensive and none of the buds would fit. In fairness to the retailer, they were quite good about it.

    I find the Etymotic E6i range to be good - the rubber pieces hold the unit in the ear very well (much better than ones with foam buds).


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    #24
    rubadub
    Registered Users Posts: 32,382 ✭✭✭✭rubadub


    alyssa_1 wrote: »
    Once i got home, i tried them on and found out they dont fit!
    How exactly do they "not fit", have you ever had other ones that do not fit. I got in-ear shures with loads of different size fittings to go with them. I have had loads of earphones that are meant to just sit in your ear but keep falling out, so now I stick with in ear ones with a selection of buds.


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