Returning an unopened, unused MP3 player

Backbiter

Bought two of these MP3s as presents in their 50% off sale a few weeks ago:
http://www.argos.co.uk/static/Product/partNumber/5131912/Trail/C%24cip%3D28956.Sound%2Band%2Bvision%3EC%24cip%3D29040.MP3%2Bplayers%3EC%24Brand%3DSony.Sony.htm

If you click on 'View larger image', it shows they come in silver, blue and pink.
I bought two, one for my son, one for my brother. The box they came in shows them to be silver, but this morning on opening the box my son's player turned out to be pink.
The web page makes clear they are not covered by Argos's 16-day money back guarantee, and indeed the cashier also mentioned this. (I reserved them online but collected them myself). No problem, I thought, they will want to keep their silver MP3 players.
My son's box is opened and I can accept that they can't take it back - hygiene reasons etc (not that he's tried it, he just doesn't want a pink one. Fair enough - he's 13). It will have to go to his sister.
What are my chances of swapping my brother's player? A small symbol on the side of the box confirms that his too is pink, and I'm seeing him on Tuesday, so I could exchange it. I have all receipts, and his box is totally pristine.
Anyone any experience of this?

Johntea

Backbiter wrote:

Bought two of these MP3s as presents in their 50% off sale a few weeks ago:
http://www.argos.co.uk/static/Product/partNumber/5131912/Trail/C%24cip%3D28956.Sound%2Band%2Bvision%3EC%24cip%3D29040.MP3%2Bplayers%3EC%24Brand%3DSony.Sony.htm

If you click on 'View larger image', it shows they come in silver, blue and pink.
I bought two, one for my son, one for my brother. The box they came in shows them to be silver, but this morning on opening the box my son's player turned out to be pink.
The web page makes clear they are not covered by Argos's 16-day money back guarantee, and indeed the cashier also mentioned this. (I reserved them online but collected them myself). No problem, I thought, they will want to keep their silver MP3 players.
My son's box is opened and I can accept that they can't take it back - hygiene reasons etc (not that he's tried it, he just doesn't want a pink one. Fair enough - he's 13). It will have to go to his sister.
What are my chances of swapping my brother's player? A small symbol on the side of the box confirms that his too is pink, and I'm seeing him on Tuesday, so I could exchange it. I have all receipts, and his box is totally pristine.
Anyone any experience of this?

You should be fine , especially since 1000000000000 other people will be trying to return "Excluded from 16 day guarantee" items next week!

Just point out to them you were under the impression the player would be a different colour to the one received, and tell them to let you "View" all their current stock to see if they have the correct colour...I'm sure the cashier will understand why a male dosen't want a pink MP3 player!

It is strange as they usually have a different catalogue number for different colours....Have you tried looking in the Argos book to see if this is the case?

jobbingmusician

Goods are not as described - I should think sale of goods act covers this??? :rudolf:

executiverocker

yeah, if its all sealed etc, just explain you got the wrong colour, all should be fiune, if the snotty temp says otherwise then ask for the supervisor/manager, shud be fine

jellynose

This happened to my boss with an MP3 player that was pictured as silver but turned out to be black. The person at the customer services desk said to him that it was no problem giving him a refund as they had not as jobbingmusician said given him the goods as described, and yes, the sale of goods act does cover this. It helps that my boss worked int he consumer council for 10 years, I always go to him for advice on this sort of thing.

Backbiter

Fingers crossed. I'm off now!.

Johntea

Hopefully the store is open!!!

I just went to my Argos, apparently open today 10:00 - 4:00...When I got there the car park was quite full but the store was shut!!!!! Grr

Although being in a shopping centre they may have been restricted if the centre decided at the last minute not to bother opening on Boxing Day

SomeGuy_2

The 'view larger image' picture causes problems here as it shows three different products together.

The two players Backbiter has purchased - The 256mb MP3 player [513/1912] only comes in pink, the 512mb only comes in blue and the 1gb player only comes in silver. The side of the box confirms this on all three products.

There's no sale of goods conflict here, the goods purchaced were the goods received.

I expect as the product is sealed some goodwill may be shown here but an Argos store would be well within their rights to refuse.

Backbiter

SomeGuy wrote:

The 'view larger image' picture causes problems here as it shows three different products together.

The two players Backbiter has purchased - The 256mb MP3 player [513/1912] only comes in pink, the 512mb only comes in blue and the 1gb player only comes in silver. The side of the box confirms this on all three products.

There's no sale of goods conflict here, the goods purchaced were the goods received.

I expect as the product is sealed some goodwill may be shown here but an Argos store would be well within their rights to refuse.

You are right in all respects.
There was no alternative colour for the model, but fair play to Argos - they inspected the items thoroughly and were satisfied they were totally unused, and gave me a full refund (minus a gift voucher the original purchases had qualified for - I had to return that).

All in all I'm feeling pleased and relieved - just got to find a suitable replacement.

Thanks for all your comments.