Hi @kai, welcome to the community.
It is an interesting question and could apply to a range of consumer products…but…it is clear cut. If one buys a products and it is the wrong size or doesn’t fit properly, it comes under a ‘change of mind’. The Victorian Consumer Affair provides good information on a change of mind:
It would be similar to buying a pair of shoes, wearing them for a week and finding out they they were a little uncomfortable due to the style of shoe. Such causes are classed as change in mind as the consumer has changed their mind in relation to the comfort of the product after purchase. The ACL would only apply if there was a fault with the product as a result of its manufacture, transport or use. Being uncomfortable for a perfectly good and working earbud isn’t a fault with the product…but a personal choice of the user.
Change of minds are outside the Australian Consumer Law and are established by the business in question. Often items such as underwear, swimming bathers or other items where hygiene issues raise, are excluded from change of mind policies where they exist.
It is therefore important to understand what the change of mind policies are of a store before committing to a purchase.
For example, JB-HI, they have a change of mind policy, but the policy only applies to “Unused & Unopened, packaging in good condition (product not faulty) - eg change of mind.”.
An another example is Harvey Normans…
The only time that it would fall under the ACL is if the marketing material said something like “suits all ear shapes and guaranteed to be comfortable”. In such case, if you could prove (which would be very difficult), that the earbuds in your ear were uncomfortable then the information would be considered misleading under the Australian Consumer Law. It is unlikely to be able to be proven unless your upper ear canal was ‘special’ in its shape and that any earbud would be uncomfortable. In such case, you shouldn’t be buying an earbud as you will have the same problem no matter the brand or model.