Argos false advertising

adamboy

Hi I'm new to this forum but wondered if you good people could let me know where i stand in this situation.

Today i bought a laptop from Argos, i reserved it on the internet before hand and picked it up today for £587 as well as paying £180 for a 3 year warranty. Once i got it home and opened it i realised that it was not the same model as the one stated on the internet. It is in fact an inferior model.

The chap at the till told me when i bought it that it was excluded from their money back guarantee; does that only apply under normal circumstances? I should note that the only way to know it was a different model was by opening the box.

Thanks in advance.

isplumm

Hi,

Can you prove it .... ie do you have an email / print out of what you ordered ... does it show spec .... is it different to what you got?

If so take back with prove & ask for correct model or money back.

Mark

isplumm

Hi,

One thing ... don't both with warranty .... you get a year free anyway & I suspect that the manufacturer would offer you another year for £40-£50 later on.

Anotherwise buy from John Lewis where you'll get 2 years as standard!!

Mark

adamboy

Hi mark cheers for the reply, and i suspect you might have a point on the warranty.

I do have an email i can print which shows me what model i reserved. They are both acer laptops, and whilst they are similar, i wouldn't have bought this one had i known. Some people might consider the difference between the two minimal but either way that's opinion and i don't think it would effect this situation. Has anyone else got any dealings like this? Or does any body know what the law say's in this situation?

BTW, the laptop i actually recieved isn't even listed in their catologue or website so it seems as though it's replaced the one i wanted.

Meepster

Never mind their money back guarantee, you are required, by law, to have reasonable time to inspect the goods. As you received a different item to what you have requested, you have now inspected the goods and decided they are not to your satisfaction. So take it back, quote the sale of goods act and either get your money refunded or get the model you originally wanted. And whilst you're there, cancel the extended warranty, it's a complete waste of money...

mc33033

adamboy wrote: »

I do have an email i can print which shows me what model i reserved. They are both acer laptops, and whilst they are similar, i wouldn't have bought this one had i known.

Yes you may be able to reject under SOGA as the goods are not "as described" - if you want to reject it DON'T use it. Take it back to them and advising that this is not the model you ordered, if it replaces it and they don't have the one you ordered you are entitled to your money back. You do not have to accept this. This should be easy enough to prove, you can use the model numbers of the laptops amongst other things. I agree with earlier comments about the warranty, I wouldn't even bother with extending it, check what they are actually going to give you and if it anything more than you are entitled to under your statutory rights. £180 is a major % of the laptop and it will still be cancellable at this stage.

adamboy

Well it sounds like I have a pretty comprehensive case, and what sounds even more evident is that Argos are making a lot of money from warranty's.

I'll take it in tomorrow with my printed reservation form and all the numbers as back up, and hopefully won't get any trouble.

Thanks for the replies this website is awesome.

Esqui

It's possible Acer have made the mistake and shipped the wrong laptop to Argos. It does happen now and again.

EDIT: Should point out that this doesn't mean you shouldn't take it back to Argos to exchange

£$&*"($£&(

What's the difference between the two laptops?

In relation to the warranty, Acer have 3 year warranties for about £50.

Mark_Hewitt

The lack of money back guarantee thing applies with licenced software so if you've got a copy of windows and start using it, they can't legally sell it on to someone else.

However this does not affect your statutory rights, which have nought to do with Argos' money back guarantee. Quite simply if you pay for a product and it turns out that is not the product supplied, you are entitled to all your money back. End of story.

derrick

mwilletts wrote: »

Never mind their money back guarantee, you are required, by law, to have reasonable time to inspect the goods. As you received a different item to what you have requested, you have now inspected the goods and decided they are not to your satisfaction. So take it back, quote the sale of goods act and either get your money refunded or get the model you originally wanted. And whilst you're there, cancel the extended warranty, it's a complete waste of money...

I think you are mixing up DSRs and SoGA.

DSRs will not come into it as they ordered online but picked it up at a store, therefore the contract was concluded instore, face-to-face,(where they would/could have examined the item), and, " you are required, by law, to have reasonable time to inspect the goods." is only for Distance Selling,(DSR), and is 7 working days starting the day after goods are received.

OFT Consumer Leaflet; -
What isn't covered
Home shopping rights only cover goods or services you buy from traders without
face-to-face contact. There are many exceptions that are not covered by these rights.


SoGa will apply if they can prove Argos did not supply the item ordered!

From the OP; - " I should note that the only way to know it was a different model was by opening the box."
Why did you need to open the box to find out the model supplied? The details are usually ON the box! Argos may say that you have accepted it, as you could see the details as you picked the item up, however as said, if you can prove you ordered different to what they supplied yopu should not have any problems.