Can you return in-ear headphones? Consumer ombudsman clarifies if they are hygienic products

The Office of Competition and Consumer Protection (UOKiK) in Poland has addressed confusion surrounding the return of in-ear headphones bought online. Some retailers have incorrectly classified these items as hygienic products, thereby attempting to deny consumers their right to return.

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Earphones, hair dryers, or bathrobes do not belong to hygienic products because they are not sterile nor do they lose their properties after unpacking.

Jagoda Kruszewska from UOKiK clarified that in-ear headphones, unlike items like contact lenses that require sterility, do not qualify as hygienic products that lose value upon opening. Therefore, they do not automatically fall under the exceptions to the standard 14-day cooling-off period for online purchases.

The fundamental principle is that consumers have two weeks to return goods bought online without stating a reason, allowing them to inspect the product as they would in a physical store. While exceptions exist for sealed products that cannot be resold due to health or hygiene reasons, headphones do not fit this category simply because they come into contact with the body.

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If you offer products for which the consumer does not have the statutory right of return, you must inform the customer about it before the purchase.

Kruszewska emphasized that sellers must clearly inform customers about any return limitations before a purchase is made. If a consumer exercises their right to return but has used the product beyond simple inspection, potentially diminishing its value, the seller may be entitled to reduce the refund amount accordingly.

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The basic principle is: when shopping online, the consumer has 14 days for the so-called return, i.e. withdrawal from the contract without giving a reason.