Argos false advertising

Meepster

derrick wrote: »

I think you are mixing up DSRs and SoGA.

Erm, no I'm not:

A Traders Guide to the Sale and Supply of Goods to Consumers Regulations 2002

A Summary of the Changes to the Sale of Goods Act 1979 (as amended)

This publication is intended to be a summary of the changes made to the Sale of Goods Act 1979 by the introduction of the Sale and Supply of Goods to Consumers Regulations 2002 which came into force in the United Kingdom on the 31st March 2003.
The introduction of these Regulations is the result of a European Directive which aims to provide a minimum standard of consumer rights throughout the European Union.

Currently, Consumers are entitled to expect that goods are:

Accurately described;
Are of a satisfactory quality; and
Are fit for the purpose for which they are commonly supplied.

Satisfactory quality includes a number of factors including:
Appearance and finish;
Safety;
Durability;
Freedom from minor defects.

In simple terms this means that goods MUST NOT be faulty.

The consumer is allowed a reasonable time to inspect the goods to ensure that they meet with the above requirements. Where they do not, the consumer can reject the goods and claim a full refund.

djb215

mwilletts wrote: »

Erm, no I'm not:

A Traders Guide to the Sale and Supply of Goods to Consumers Regulations 2002

A Summary of the Changes to the Sale of Goods Act 1979 (as amended)

This publication is intended to be a summary of the changes made to the Sale of Goods Act 1979 by the introduction of the Sale and Supply of Goods to Consumers Regulations 2002 which came into force in the United Kingdom on the 31st March 2003.
The introduction of these Regulations is the result of a European Directive which aims to provide a minimum standard of consumer rights throughout the European Union.

Currently, Consumers are entitled to expect that goods are:

Accurately described;
Are of a satisfactory quality; and
Are fit for the purpose for which they are commonly supplied.

Satisfactory quality includes a number of factors including:
Appearance and finish;
Safety;
Durability;
Freedom from minor defects.

In simple terms this means that goods MUST NOT be faulty.

The consumer is allowed a reasonable time to inspect the goods to ensure that they meet with the above requirements. Where they do not, the consumer can reject the goods and claim a full refund.

Sale of Goods Act covers your none-bold writing, Distance Selling covers your bold text.

The OP bought the laptop from an Argos store, not online. If it was an online purchase then the OP can return the goods within 7 days for a full refund (as long as it has been taken care of) which also includes goods that would normally be exempt from the 30 day guarantee.

Many people in the past have commented about stock reservations as grounds for return under DSR but stock reservations do what they say on the tin, they are not purchases.

If the OP can prove that it is not as described (e.g a different model supplied than the one in the catalogue/online) then the Sale of Goods Act applies as not as described. If it was the case that the OP bought the wrong one but it was as described and not faulty then no leg to stand on really.

OP did you go back to the store? Can you give us an update?
p.s. Within 45 days of purchase you can cancel the breakdown cover and get a refund providing you haven't made a claim.

4743hudsonj

djb215 wrote: »

Sale of Goods Act covers your none-bold writing, Distance Selling covers your bold text.

The OP bought the laptop from an Argos store, not online. If it was an online purchase then the OP can return the goods within 7 days for a full refund (as long as it has been taken care of) which also includes goods that would normally be exempt from the 30 day guarantee.

Many people in the past have commented about stock reservations as grounds for return under DSR but stock reservations do what they say on the tin, they are not purchases.

If the OP can prove that it is not as described (e.g a different model supplied than the one in the catalogue/online) then the Sale of Goods Act applies as not as described. If it was the case that the OP bought the wrong one but it was as described and not faulty then no leg to stand on really.

OP did you go back to the store? Can you give us an update?
p.s. Within 45 days of purchase you can cancel the breakdown cover and get a refund providing you haven't made a claim.

i agree totally

you are confusing soga and dsr

soga offers no cooling off and inspection time as this is given to you in the shop before you buy! thats why dsr does offer it as you have not bought in shop so couldn't possibly inspect the goods

dont post when you dont know what your talking about and use stuff off google that surprise surprise is wrong

the op could have done that themselves

stugib

4743hudsonj wrote: »

soga offers no cooling off and inspection time as this is given to you in the shop before you buy!

But there must be a period of time between purchase and acceptance. The two don't happen at the same time.

Therefore it's fair that if the laptop is not as described, and this was not evident at the time of purchase, then they'd be entitled to reject?

djb215

stugib wrote: »

But there must be a period of time between purchase and acceptance. The two don't happen at the same time.

Therefore it's fair that if the laptop is not as described, and this was not evident at the time of purchase, then they'd be entitled to reject?

Typically with 30 day exempt items we say that whilst you are in the store we will exchange/refund obviously, but once the customer has left the store then that's it in terms of exempt none-faulty 30 day returns, as they can inspect the item when they receive it on the desk or even ask to look at the item before purchase.

stugib

djb215 wrote: »

Typically with 30 day exempt items we say that whilst you are in the store we will exchange/refund obviously, but once the customer has left the store then that's it in terms of exempt none-faulty 30 day returns, as they can inspect the item when they receive it on the desk or even ask to look at the item before purchase.

Yes but I'm not talking about Argos policy. Legally there is a process of inspection and acceptance. Nowhere I've seen that this inspection ends at point of purchase. You'd love it if everyone took 10 mins to check out their purchases at the collection point to make sure it worked, matched the description etc!

djb215

stugib wrote: »

Yes but I'm not talking about Argos policy. Legally there is a process of inspection and acceptance. Nowhere I've seen that this inspection ends at point of purchase. You'd love it if everyone took 10 mins to check out their purchases at the collection point to make sure it worked, matched the description etc!

Haha Christmas can be busy on the desk :rotfl:

The inspection and acceptance is covered under the Sale of Goods Act and is covered within a "reasonable amount of time".

--
For example the OP got the laptop, and if it was not as described AND was not told about it before sale then yes there are grounds to exchange/refund.

If the OP got the laptop home and then decided that they didn't like it or is not as good as they thought it would be, but it is not faulty and is as described then there are no grounds to get a refund/exchange.

Faults are covered under the Sale of Goods Act so if the screen stopped working after 5 months then the retailer would repair/replace.
--

I understand what you mean when you say that the consumer has time to reject if not as described etc, but legally they have no right to reject if it is as described, not faulty...
I may have written my original explanation as if the customer just bought the wrong item in store rather than the item not being as described, that's my fault lol :rotfl:

Esqui

stugib wrote: »

But there must be a period of time between purchase and acceptance. The two don't happen at the same time.

This only applies to the product being fit for purpose when bought; the DSR adds the time to check the product is as described.

4743hudsonj

stugib wrote: »

But there must be a period of time between purchase and acceptance. The two don't happen at the same time.

Therefore it's fair that if the laptop is not as described, and this was not evident at the time of purchase, then they'd be entitled to reject?

yes but thats goods being not as described

thats different to what you were quoting which was referring to a right to return under any circumstance

your sources were wrong but luckily your advice was partially correct as they do not have an automatic right to a refund

a replacement will be the most suitable and most likely course of action

read up on soga and dsr and make sure you clearly define the two as they offer very different levels of protection

Tozer

Esqui wrote: »

This only applies to the product being fit for purpose when bought; the DSR adds the time to check the product is as described.

DSR doesn't apply in this case as it was not purchased online or by other 'distance' method.

Bottom line is that if the OP can prove that the item reserved was not the same one as he ordered, then there is a fundamental breach of contract entitling him to a refund - providing he acts quickly in this case.