Argos - Wont refund or exchange ??? Help

McKneff

flippin' eck uganda, how well you know me, are you psychotic, sorry of course i mean psychic:rotfl: You have read me so well.

best wishes to you and to edna, no, on second thoughts i will send this to edna to be nice instead.

marleyboy

Excellent post uganda

Mountie31

daveboy wrote: »

Correct me if I am wrong, but I thought that the purpose of a watch was to TELL THE TIME.

So the 'fit for purpose' angle mentioned above is crap, providing it works with a battery in it.

If you've fiddled with it in any way....learn a lesson and don't do it again. They are within their rights not to refund.

Simple. You can either write to Argos or quote what I have stated below.

Sale of Goods Act 1979 s.14(2) and s.14(3)

Implied term as to quality or fitness

These terms are implied by s 14 and are only relevant where the seller is acting in the course of a business. There is no requirement as to the status of the buyer.
The phrase "in the course of a business" has received much judicial consideration. Some judges have applied definitions found in other acts, but the recent case of Stevenson v. Rogers[6] gives a wide definition to this requirement. It will encompass activity which is ancillary or loosely related to the business of a company. To use Richards'[7] example, a bank that sells a company car will be acting in the course of a business.
Satisfactory quality, s14(2)[8] The quality of the goods sold must be satisfactory (prior to 1994, this provision required 'merchantable' quality; this requirement has been retained in most Commonwealth versions of the Act). The Act provides an objective test to determine satisfactory quality; the standard that a reasonable person would regard as satisfactory, taking into account the price, description and any other relevant factors.[9] The courts have identified certain factors that may raise or lower the expectation of satisfaction. Second hand goods, per Bernstien v. Pamsons Motors Ltd.[10], will attract a lower expectation. On the other hand goods of a reputable brand may attract a higher expectation, the judge in Bernstien used the example of a small ping on a Rolls-Royce being unsatisfactory. 'Other relevant factors' may include advertising in the case of consumer contracts.[11] Fitness for purpose, s14(3) If the buyer expressly or impliedly makes his purpose for the goods known to the seller, the seller is obliged to make sure the goods provided are fit for that purpose, if it is reasonable for the buyer to rely on the seller's expertise. An example of the application of this provision can be found in Godley v Perry[12] Sorry its a bit much and legal jargon but just quote the sections to the manager and they will back down. Id be extremely surprised if they would refuse a refund after writing to them.

Anthillmob

Colliefrog wrote: »

It is rather odd that they would suggest you take it elsewhere to be altered. We do all our alterations in store, and if we can't alter it we send it off to our jewellery repair service Maker Mends.
As for taking it to another store to be refunded, that is a little sneaky. It is illegal for Argos to sell second hand goods, that is why they won't refund anything that has been used. How would you feel if you bought what you thought was a brand new watch and you saw it had been tampered with? I'm pretty sure you wouldn't want it.

it dont stop them doing so though

taker920

dougk wrote: »

Take it back to another argos and say nothing about the history.
Just say it doesn't fit and you don't want it altered.

There's your answer /thread