excluded from 30 day moneyback guarantee..

SmileyHappyBeing

Hiya,

I bought a camera and its excluded from 30 day money back guarantee, The camera takes blurry pictures and id like to exchange it tommorow, for same camera as it is faulty, will it make a difference as its excluded from the money back guarantee,, was reading back of receipt and it didnt make sense.

Many thanks

Smiley

leicsmarkyr

If its faulty you have the right to take it back and get a replacement / money back / different one.

The 30 day guarantee is basically for in crudeness " I dont like this anymore, I want my money back"

Colliefrog

Just to point out that if the camera is over 30 days old and it's faulty it will go for repair, if it's under 30 days they will replace/refund you

londondulwich

There is an implied term in every contract for sale of goods between a retailer (business) and the consumer ( man in the street, not a trader), that the goods will be of a satisfactory quality. A retailer cannot contract out of this duty or try to exclude it. Any attempts to do so are void.

It's like a restaurant getting diners to sign contracts before they order that they will not complain if they are poisoned by the food. The contract is unenforcible.

The 30 day guarantee doesn't apply to broken or useless goods. It covers the event that you don't want a perfectly good item.

SmileyHappyBeing

Thanks guys.

Its under 30 days old and i have the receipt, and the pics on it to prove what it is doing, so i'll take it back today and ask to exchange it.

Smiley

Colliefrog

londondulwich wrote: »

There is an implied term in every contract for sale of goods between a retailer (business) and the consumer ( man in the street, not a trader), that the goods will be of a satisfactory quality. A retailer cannot contract out of this duty or try to exclude it. Any attempts to do so are void.

It's like a restaurant getting diners to sign contracts before they order that they will not complain if they are poisoned by the food. The contract is unenforcible.

The 30 day guarantee doesn't apply to broken or useless goods. It covers the event that you don't want a perfectly good item.

I didn't say anything about the 30 day money back guarantee... I simply said that if the item is over 30 days old it will go for repair. That is not Argos trying to "contract out of it".

londondulwich

The 30 day time limit for refunds does not apply to faulty goods.

There is no fixed time limit.

The length of time is determined by how long the defect would take the reasonable man on the street to discover.

If the goods were a life insurance policy, the inadequacy or obvious flaw may only be discovered 50 years afterwards. If the goods were a fillet of cod the defect should be noticed within 48 hours.

Colliefrog

OMG are you the SOGA police or something??? You ask any Argos employee and they will tell you the same... if the manufacturer offers a repair facility then once the item is 30 days old it will go for repair. Argos are perfectly within their rights to send a faulty item away for repair.

djb215

Colliefrog wrote: »

OMG are you the SOGA police or something??? You ask any Argos employee and they will tell you the same... if the manufacturer offers a repair facility then once the item is 30 days old it will go for repair. Argos are perfectly within their rights to send a faulty item away for repair.

Amen Sister! Totally in agreement.

For some items it may be deemed uneconomical to repair and in this case you are entitled to replacement, not refund.
It would be uneconomical for a retailer to dish out replacements and refunds freely, and under the Sale of Goods Act (as Colliefrog stated) the retailer has the right to send a defective item to be repaired where possible.

Londondulwich is partly correct, in that the SOGA covers MOST purchases for upto 6 years, however after the first 12 months (or however long the retailer offers a guarantee) it is upto the purchaser to prove it was built/manufactured incorrectly at their own cost and may even involve legal proceedings if necessary.

Comet's website offer some explanation, though they only offer 6 months, go to page 4 of this link:

http://www.comet.co.uk/comet/ev2/content/services/pdf/tpc_leaflet.pdf

whataprettyworld

Argos are being quite cheeky is saying that if an item develops a fault after 30 days it needs to be sent away for repair. A customer has a right to refuse any item that develops a fault within a 'reasonable timescale' and not just blindly accept a repaired item. The grey area is a 'reasonable timescale' but you can bet your bottom dollar that this is in excess of 30 days.

Argos must now they are being cute here as if you stick to your guns and speak to a manager they will back down every single time as they know they do not have a leg to stand on.

lisajayne2877

quite right generally we will back down,not cos we don't have a leg to stand on but because lifes too short ,and usually its better to just replace it.The repair system is in place by the companies ie:sony,kodak,etc who will not reimburse argos if the item has been damaged ie been dropped etc.Don't forget for every genuine fault there is probably at least one customer who will abuse the refunds system !