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should they replace???

i have a dyson less than 6 months old has already been repaired once. dyson can not come out until 6 march earlyest. took the dyson back into store with my receipt told them the story and nothing, 40 mins later £1 carpark and 30 mins getting a space. he said they will only replace if the repair can not be done within 16 days. i said thats unreasonable for me to have to wait untill 6/03/06 as it as allready been repaired once already. back of book does say adout repairs but does not give a time scale.i did mention that the 6th may not be convenient with working etc so offered to have it repaird there for me (thanks, but no).
were do i stand and what should i do.
really pi**ed off.
Smile and be happy, things can usually get worse!

Comments

  • Sparky67
    Sparky67 Posts: 1,147 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Consumer law states if something breaks down within 6 months it is assumed to have been faulty from purchase - its no longer the case the consumer has to prove it is faulty, it is the manufacturer to prove it isn't.

    And, accepting a repair does not negate your rights to request a refund or replacement at a later date. You should give them a "reasonable" chance to repair, but if you are considerably ill-convenienced then you can refuse and ask for replacement.

    As you are only looking for a replacement and not a refund, I think they are being a bit mean. Try asking for a manager?
  • i did speak to him.
    Smile and be happy, things can usually get worse!
  • is there a link from a proper website that you can put up for me so that i can print off and show them. i have 4 astmatics so i think that wouls count.
    Smile and be happy, things can usually get worse!
  • Mack_3
    Mack_3 Posts: 142 Forumite
    Ive done a bit of Management Training within Argos; and outside 30 days they are well within there rights to send it away for repair.

    You do have your receipt don't you?

    Consumer Law does favour the retailer on older items;

    If its under 6 months old the onus is on the Retailer to prove that it isn't a manufacturing defect
    After 6 months the customer has to prove that it is, and isn't down to wear and tare etc.

    Altho i think it depends quite a bit on the store, as if you have evidence of the intial repair and especially if its the same fault, I personally would consider authorizing a replacement, providing it was just a straight swap, and not customer misuse.

    However it is down to that stores discretion, and some stores follow the book like its set it stone, however every situation is different.

    The facts are tho with Vacum Cleaners Argos make their biggest loss on returns due to them been brought back clogged up etc (due to not been cleaned etc) with customers claiming faults. As just been clogged up is not a manufacturing defect they dont get credited from the manufacturers.

    However, couple of things to try if you want a swap;

    1) Ring Customer Services, moan that you are not happy you have had it repaired before and that its only 6 monthes old. 9 times out of 10 they will phone the store for you and chat to the manager, asking if it would be possible.

    2) Try another store.

    HTH

    Edit - Consumer Law does work in your favour here a bit aswell, As its a dyson i'm asuming you have paid a fair whack for it? If so there is the reasonable length of time bit.... eg/ for a £200 vaccum to break to twice in 6 monthes thats hardly the thing you expect, you would be able to argue that its not acceptable etc. Could be worth reading up on that on the net.
  • Mack_3
    Mack_3 Posts: 142 Forumite
    http://www.bbc.co.uk/watchdog/guides_to/consumerlaw/index2.shtml

    The bit about satifactory quality is the bit most relevant, however it does state sending for a repair is acceptable.

    Is it the same fault?
  • linzz_2
    linzz_2 Posts: 368 Forumite
    I have taken a set of telephones back to Argos because they stopped working that were just over 6 months old and they replaced them.

    I also took a dvd player back after nearly a year and said I wanted a refund as I had already had a replacement and got one.

    I always go in with a no nonsense attitude (not rude) and act like I know what my rights are.

    Don't let them fob you off, if you have another store nearby I would try that, customer service can vary greatly from store to store.
  • mhendo
    mhendo Posts: 525 Forumite
    linzz wrote:
    I have taken a set of telephones back to Argos because they stopped working that were just over 6 months old and they replaced them.

    I also took a dvd player back after nearly a year and said I wanted a refund as I had already had a replacement and got one.


    Not all items have a repair service, so they would be replaced or refunded but with Dyson, Sony, all Mobile phones (to name a few) they have a dedicated service and Argos are within their rights to get the item repaired within a reasonable time once outside the first 30 days of purchase.

    It could be worth trying another store but dont hold you hopes...
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