argos sold phone with no battery in it

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Hi i bought a nokia 6500 classic from argos today they never opened the box but took the imei number and sim number from the box. Well when i got it home and opened it the battery was missing i phoned the store and spoke to the manager but she basically told me that i couldnt have a refund even though there wasnt another in stock in the store and that i could either wait for a new battery to be sent to me or they could reserve one in another local store .Is this legalc or can i demand a refund
Paul Walker , in my dreams;)
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  • spend_spend_spend
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    Of couse you can.... get down to the store and make your feelings known ;)
  • zenseeker
    zenseeker Posts: 4,550 Forumite
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    You could ask for a refund, but if you want the phone then is there really a problem with waiting for the battery? I won't take long I wouldn't have thought.
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  • Pound
    Pound Posts: 2,784 Forumite
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    Why do you want a refund? Surely if you wanted a phone then you'd prefer to exchange it at another store or wait for the battery to arrive?
  • uolypool
    uolypool Posts: 1,207 Forumite
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    Picking it up from another store would be fine if i could drive !! and if i can go and pick one up from my local tesco as they have it in stock on the same day as getting a refund would be so much easier
    Paul Walker , in my dreams;)
  • zenseeker
    zenseeker Posts: 4,550 Forumite
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    uolypool wrote: »
    Picking it up from another store would be fine if i could drive !!

    You don't have to drive to another store, they can have a replacement phone/battery sent to the store where you purchased the phone in the first place.
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  • kat212
    kat212 Posts: 173 Forumite
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    they wont give you a refund on a moblie phone, as they should of checked it in front of you to make sure it was all there, i say best bet is waiting till they get it back in stock!
  • emweaver
    emweaver Posts: 8,419 Forumite
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    I would demand a refund I wouldnt wait on a new battery. I had a part missing from my camcorder last xmas and after 5 months of promising it would be with me soon I complained to head office and got a refund!
    Wins so far this year: Mum to be bath set, follow me Domino Dog, Vital baby feeding set, Spiderman goody bag, free pack of Kiplings cakes, £15 love to shop voucher, HTC Desire, Olive oil cooking spray, Original Source Strawberry Shower Gel, Garnier skin care hamper, Marc Jacobs fragrance.
  • royalsteve
    royalsteve Posts: 920 Forumite
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    uolypool wrote: »
    Hi i bought a nokia 6500 classic from argos today they never opened the box but took the imei number and sim number from the box. Well when i got it home and opened it the battery was missing i phoned the store and spoke to the manager but she basically told me that i couldnt have a refund even though there wasnt another in stock in the store and that i could either wait for a new battery to be sent to me or they could reserve one in another local store .Is this legalc or can i demand a refund


    Was the box sealed. All mobile phones should have a manufacturer seal on the box, was it intact/there when you bought the phone. If not, did Argos make you aware of this. If not, why not as they are effectively selling an opened item.

    You can demand a refund as under the Sale of Goods Act 1972, the item isnt fit for purpose. I guess they may think you have removed the battery though but stand your ground if you havent taken it. You dont have to accept a battery, you are entitled to a refund - depends what you want.
    Stevie Coppell's record breaking blue and white royal army - championship winners 2005-6
  • royalsteve
    royalsteve Posts: 920 Forumite
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    kat212 wrote: »
    they wont give you a refund on a moblie phone, as they should of checked it in front of you to make sure it was all there, i say best bet is waiting till they get it back in stock!


    wrong....yes, its always best to check....but if the poster is being honest then the retailer has sold them an item which is not fit for purpose

    i had a similar prob with argos a few years ago which is why i rarely got there but after a bit of hassle (from people who shocklingly know so little about basic law) i got money back
    Stevie Coppell's record breaking blue and white royal army - championship winners 2005-6
  • uolypool
    uolypool Posts: 1,207 Forumite
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    nope the box was sealed i thought they had to open it to get sim number etc but apparently they now just take it off label on box
    Paul Walker , in my dreams;)
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