Refund and Return Rights!

Firstly I hope this is the section to post such a question..

1] Basically i bought a pair of earphones from argos 3 days ago and opened them and like put them in me ear but they were very uncomfortable and hurting so i put them back in the packaging and my brother went to return them today and they lady at the till said that they can't return or refund it because it has been opened?

i] According to the return and refund policy:
"If, for any reason, you are not completely happy with your purchase, simply return it to any Argos store within 16 days of delivery, unused in its original packaging, together with the receipt"

It states if you are unhappy with the item (In which case i am as it hurts the ear) just return it (Which i tried to do) so like do i have anyrights or can i go back to the store and bring up and argument, if so based on wat rights or law?

2] In argos they have the return and refund policy which states:
"If, for any reason, you are not completely happy with your purchase, simply return it to any Argos store within 16 days of delivery, unused in its original packaging, together with the receipt."

i] could you explain to me exactly what that means when they say "Unused" because I.e taking the above situation with the earphones would me putting them in my ear classify as been used? also tehre are certain items which you may have to take out of box to test and see if you like would that also be classified as used?

Sorry for any inconvenience caused and thanxs for your time.

Kindest Regards
QaMz

Comments

  • rushnowt
    rushnowt Posts: 24,749 Forumite
    I guess it comes down to how much information you give argos on the reason for the return, I wouldn't condone lying etc, however i s'pose if you just say you wern't happy with the product as a whole you don't have to give any other info or explain the full reasons, you are correct in the 16 day return policy although there are exeptions to this, but wouldn't imagine earphones are included in the exeptions, if you haven't physically used them to listen to music etc, i guess you could say they wern't used. Perhaps not being altogether truthful but its a personal thing on how much people will do to get a refund. Sorry can't give you any legal jargon etc, just my opinion, apologise to anyone it offends. Hope that helps a little , good luck ;D
    Nobody can make you feel inferior, without your permission ;)

    Love doesn't make the world go round, it's what makes the ride worthwhile

    ya still freezing :p




  • trafalgar_2
    trafalgar_2 Posts: 22,309 Forumite
    10,000 Posts Combo Breaker
    That's crazy ...........they've been opened so you can't return them ,so how were you supposed to try them out them ???.............take them back and ask to speak to the manager ,there returns policy clearly states that you can return them if you are not completely happy with them ....although as rushnowt says ,certain things are excluded ,usually for health/ hygiene purposes such as pierced earings :-/

    If you feel you won't get any joy out of the individuals at the counter ....send an e-mail to argos customer services ,explain the problem and I'm sure they will say you can take them back,take a copy of the response e-mail with you for back-up..................that's ridiculous that they are saying you can't return them,they are no good to you if they are going to hurt your ears :)(that makes them 'not fit for purpose' which you can also quote, as goods have to be so to comply with your consumer rights) ;D
  • Poppy9
    Poppy9 Posts: 18,833 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    I would have thought ear phones would have been excluded from their 16day money back guarantee as they can't really resell them as you have put them in your ears. Now I am not saying your ears are dirty but would you like to buy a pair that someone else had put in their ears.

    What I would argue is that they didn't tell you they were excluded from the 16 day etc. Is it printed on your receipt? If not they can't rely on a member of staff telling you so they have to refund. Tell them you would be happy for them just to return to manufacturer as you are not happy. They'll give in! If ever I have problems with Tesco who demand a receipt for their own gone off food which has their label on (it's within sell by date) I just tell them I am not accepting and to return to manufacter. Who keeps food receipts? They always give in then.

    Envisage a different sceniario - if you told them they didn't work- they will then send them back to manufacturer and you get your money back. Sadly they do work!!!!!!!
    :) ~Laugh and the world laughs with you, weep and you weep alone.~:)
  • trafalgar_2
    trafalgar_2 Posts: 22,309 Forumite
    10,000 Posts Combo Breaker
    However if the little cross doesn't appear against the items to say they are excluded from the returns policy they have no reason to exclude them.....................at the side of earrings etc there is a little cross which stands for exclusion ;D but I can't see it on any earphones ;)
  • Poppy9
    Poppy9 Posts: 18,833 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    I didn't know about the cross. They never mentioned that to me when I bought a digibox which I wanted to return because it was cr*p. When I returned they told me that this product was excluded from 16 day thingy and I should have been told. I wasn't, it didn't say on my receipt and I hadn't selected from the catalogue as it was on special offer and on display. They refunded.

    Never did find out why digiboxes are excluded!!

    What could you do with them that might have H&S implications :P
    :) ~Laugh and the world laughs with you, weep and you weep alone.~:)
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