Problem with a laptop bought from Argos

thecookiemonster_2

I bought a Laptop last week from Argos and over the weekend and the screen started flickering now and again it doesn't do it all the time but it's not a good sign.

I took the Laptop back into the store today requesting a like for like replacement and someone had a look at it for a few minutes, they said as the screen did not flicker when they were looking at it they would not give me a like for like replacement and would not do anything about it.

It is less than 2 weeks old so i would be entitled to a full refund but i said i would be happy with a like for like replacement but this request was refused.

I have sent two letters today by recorded delivery, one to the Argos store where it was purchased and a copy to head office demanding a like for like replacement.

I have said that if they refuse i will be contacting Trading Standards & Consumer Direct and seeking legal advice.

Where do i stand on this matter and what can i do to get a replacement?

Thank you.

OlliesDad

thecookiemonster wrote: »

I bought a Laptop last week from Argos and over the weekend and the screen started flickering now and again it doesn't do it all the time but it's not a good sign.

I took the Laptop back into the store today requesting a like for like replacement and someone had a look at it for a few minutes, they said as the screen did not flicker when they were looking at it they would not give me a like for like replacement and would not do anything about it.

It is less than 2 weeks old so i would be entitled to a full refund but i said i would be happy with a like for like replacement but this request was refused.

I have sent two letters today by recorded delivery, one to the Argos store where it was purchased and a copy to head office demanding a like for like replacement.

I have said that if they refuse i will be contacting Trading Standards & Consumer Direct and seeking legal advice.

Where do i stand on this matter and what can i do to get a replacement?

Thank you.

I'm sure you can appreciate whenever a customer reports a fault the unit has to be tested. They did what you advised caused the problem and it did not replicate it. Did you try showing them while instore the fault you were having?

If they tried using your laptop and it works perfectly fine, i can understaand why they didnt give you a replacement.

thecookiemonster_2

OlliesDad wrote: »

I'm sure you can appreciate whenever a customer reports a fault the unit has to be tested. They did what you advised caused the problem and it did not replicate it. Did you try showing them while instore the fault you were having?

If they tried using your laptop and it works perfectly fine, i can understaand why they didnt give you a replacement.

Well the thing is the fault does not happen all the time it is intermittent, it happens now and again, it can be ok for a few hours but then it starts flickering then it might be ok again for a while.

They looked at my laptop but like i said to the person who looked at it i cannot magically make the fault appear, it is intermittent and they only looked at it for a few minutes and as the fault wasn't happening at the time they looked at it they would not exchange it for another one but i think this is totally unacceptable.

zootscoot

If the screen is not of satisfactory quality then this is in breach s.14 of the Sale of Goods Act 1979. In assessing what is of satisfactory the courts look at what a reasonable person would regard as satisfactroy taking into account the price paid and fitness for purpose and other relevant circumstances. As this is a consumer sale the courts will apply the acceptablility test which asks would a reasonable person have accepted the goods at that price knowing of the defect. Furthermore the right implied by s.14 can never be excluded in a consumer sale under S6 of the Unfair Contract Terms Act 1977.
Consumers have the right to require a replacement at the sellers expense under s.48B Sale of Goods Act.



Taking action in the small claims court may be more effective than going through trading standards.

advent1122

OlliesDad wrote: »

I'm sure you can appreciate whenever a customer reports a fault the unit has to be tested. They did what you advised caused the problem and it did not replicate it. Did you try showing them while instore the fault you were having?

If they tried using your laptop and it works perfectly fine, i can understaand why they didnt give you a replacement.

So now Argos employees are also laptop technicians.
Just because some spotty oik swicthed it on and said "looks alright to me guvner" does not mean it is not faulty.

Try your luck in another store, this is what I do when Argos are being fussy.

And if you go in when it is busy or just before closing they will give you the earth just to get shot of you.

thecookiemonster_2

zootscoot wrote: »

If the screen is not of satisfactory quality then this is in breach s.14 of the Sale of Goods Act 1979. In assessing what is of satisfactory the courts look at what a reasonable person would regard as satisfactroy taking into account the price paid and fitness for purpose and other relevant circumstances. As this is a consumer sale the courts will apply the acceptablility test which asks would a reasonable person have accepted the goods at that price knowing of the defect. Furthermore the right implied by s.14 can never be excluded in a consumer sale under S6 of the Unfair Contract Terms Act 1977.
Consumers have the right to require a replacement at the sellers expense under s.48B Sale of Goods Act.



Taking action in the small claims court may be more effective than going through trading standards.

Thank you for your reply and info

As you know the laptop is only a few days old and is brand new so it shouldn't be doing this.

Argos clearly state this on their website:-
If you bring it back to us within 30 days with your proof of purchase*, we'll give you a
replacement or a refund.

So really if i wanted to i could get a full refund from Argos and that would leave them out of pocket, However i would be happy with just a like for like replacement.

I expected them to just do a no quibble exchange but i was really fobbed off, I mentioned the Sales Of Goods Act 1979 to the person who looked at the laptop and was fobbed off and he more or less laughed it off.

It is unacceptable that they will not let me return a laptop that is only a few days old and i am fuming.

Tomorrow i have 2 more letters going off to Argos, one to the CEO and one going to the Managing Director.

I am hoping that the fact that i have threatened legal action might get them moving sharpish and resolve the matter.

I decided that it would be best sending a letter via recorded delivery to the store manager at the store where it was purchased from, also a letter was sent to head office stating that the store refused to exchange it and i would like a replacement asap.

I have told Argos that if the situation is not resolved within the next 7 days then i will go to Trading Standards and take legal action against them which will mean me taking them to the small claims court.

zootscoot

It sounds like you were just unlucky with that particular member of staff. Most stores are generally accommodating when it comes to faulty goods. I'm pretty sure you will get a positive outcome from your letters. If not making a claim in the courts will push them into action as it will cost them more to defend than pay.

Good luck!

d123

why not just take the refund, and then buy another one as a separate transaction?

EDIT
Not actually possible, all the laptops I have viewed at the Argos website say the following:

Please note that this product is excluded from our 30 Day Money Back Guarantee. This does not affect your statutory rights.

thecookiemonster_2

d123 wrote: »

why not just take the refund, and then buy another one as a separate transaction?

Ummm because Argos will not exchange or refund, If they are not willing to exchange then they are definitley not going to be willing to refund!

d123

thecookiemonster wrote: »

Ummm because Argos will not exchange or refund, If they are not willing to exchange then they are definitley not going to be willing to refund!

I hadn't checked the Argos site, I was going by your post that seemed to indicate that a refund was possible

thecookiemonster wrote: »

Argos clearly state this on their website:-
If you bring it back to us within 30 days with your proof of purchase*, we'll give you a
replacement or a refund.

So really if i wanted to i could get a full refund from Argos and that would leave them out of pocket, However i would be happy with just a like for like replacement.

but it seems you didnt actually read the exclusions, as laptops are actually excluded from the 30 day refund policy, only took 2 minutes on the Argos site to see the exclusion notice in the laptops section.

thecookiemonster_2

d123 wrote: »

why not just take the refund, and then buy another one as a separate transaction?

EDIT
Not actually possible, all the laptops I have viewed at the Argos website say the following:

It clearly states on Argos's website that you cannot take a laptop back within 30 days if you have changed your mind.

However the following applies to any item that becomes faulty regardless of whether it is exempt from the 30 day money back guarantee:-

If there's a fault with the product...


We've made it easier!

• If you bring it back to us within 30 days with your proof of purchase*, we'll give you a
  replacement or a refund.
• If you've had the product for up to 1 year, we'll repair the product or, if that's not possible, give you a replacement or, if that's not possible, a refund.
• Please note that all large kitchen appliances are excluded from our 30 day guarantee, but if your item develops a fault within 30 days, call us on 0845 640 0800 and one of our agents will assist you with your problem. If faulty and if it cannot be repaired we will arrange a replacement free of charge or you can opt for a refund.
• This does not affect your statutory rights.