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Help Argos will not refund

Has anyone else experienced this or got any suggestions?

I bought a camcorder on Wed evening...it was on special and the last one left but the store was closing so there was no time to arrange a viewing. I did at the time what seemed logical, purchased it and thought if it was not what I wanted I could take it back no problems.

Got home and was very disappointed as it was not what I had thought from the picture on the box (there were none on display) so the next day less then 24 hours later went to take it back.

They refused and said it was not part of the 16 day money back guarantee and that I should have been advised of this when I bought it. (Which I wasn't - I used a quick pay and no warning or alert came up). She spoke to the manager of the store who also refused a refund.

It clearly has not been used, I opened the box (which was cosmetically damaged when I got it) took one look at the camera in it and decided it was not what I wanted and shut the box again. The packets are still sealed so it clearly hasn't been used.

I want to take it back so I can buy one that suits my needs, can anyone help?
:hello: TTC since 11/09
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Comments

  • pavlovs_dog
    pavlovs_dog Posts: 10,208 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    even if you paid by quickpay, it should still state on your receipt that it is exempt from the 16 day money back guarantee.

    and given that the browsers, tills and stock system all operate off the same program, chances are quickpay DID state it was exempt from the guarantee, you just didnt notice.

    so unless the quickpay machine does not state it is exempt from the guarantee (which would be easy to check in store), you dont legally have a leg to stand on im afraid, because the 16 day money back guarantee is in addition to your statory rights provided by the sales of gods act 1979 - offered as a gesture of good will from the retailer, not a part of your legal rights.

    any refund/exchange on goods which are in full working order, just not wanted by the customer, are therefore solely at managements discretion.
    know thyself
    Nid wy'n gofyn bywyd moethus...
  • pavlovs_dog
    pavlovs_dog Posts: 10,208 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    forgot to add - if the camera and other hardware are sealed in vaccum packed/ heat sealed bags, and not ones that are merely taped shut, this should work in your favour, as you can prove beyond any doubt that you have not used the item.

    however, this is still at managers goodwill/discretion, because it is an exempt item, and will (or should!) be clearly marked as such in catalogues, when payment is made, and on your receipt.
    know thyself
    Nid wy'n gofyn bywyd moethus...
  • I am going to double check in the store tomorrow (it will be really busy), both myself and my partner saw no warning. It does say on the top of the receipt that it's exempt but they had my money by then and I didn't notice till I got home.

    Wandering if I just took it in and said it didn't work whether it would be easier...
    :hello: TTC since 11/09
  • pavlovs_dog
    pavlovs_dog Posts: 10,208 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    well, its only fraud, and its becuase of people doing things like that that it is becoming harder and harder for genuine customers to return items under the 16 day money back guarantee, prices cannot be lowered, service is slower because the company cannot afford to employ so many members of staff etc....
    know thyself
    Nid wy'n gofyn bywyd moethus...
  • pavlovs_dog
    pavlovs_dog Posts: 10,208 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    out of curiosity, whats the cat no?

    is it a catalogue line or a managers special?
    know thyself
    Nid wy'n gofyn bywyd moethus...
  • as I said was only a consideration (didn't know it was fraud), personally I am more in mind to complain to the manager about the lack of warning. If I had been told at the time I simply would not have bought it.

    Looked into other options e.g ebay to get rid of it but they all mean I am going to have to lose a lot of money.
    :hello: TTC since 11/09
  • it was a managers special, they just had this box out and I saw it whilst waiting for the OH to get a chest of drawers

    An offer of exchange would be a compromise I would consider...if I asked for that they might be more helpful maybe?
    :hello: TTC since 11/09
  • pavlovs_dog
    pavlovs_dog Posts: 10,208 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    yes, it is fraud, something we are seeing more and more of. as a result, when someone returns a good saying it is faulty, we are increasing likely to take it off you for testing before issuing a refund/replacement, because we have so many people coming through the doors who will say and do anything to get their own way...people who will shout about their 'rights', completely oblivious to the fact that their behaviour is ruining things for other (more genuine) customers.

    quite often, the reaction you will get depends totally on the member of staff you speak to, and how you approach them. even when served by the same member of staff, if they are having a bad day, they probably wont be half as helpful as they would be on a good day - they are only human, remember :D

    as i said earlier, if the camera itself is sealed in heat sealed packaging, then it should not be an issue, as it comes down to a matter of common sense.
    know thyself
    Nid wy'n gofyn bywyd moethus...
  • kebab
    kebab Posts: 12 Forumite
    Ignore any reference to fraud. If Argos will not be reasonable that's up to them. If on closer inspection you notice some previously unseen cosmetic damage - take it back.
  • pavlovs_dog
    pavlovs_dog Posts: 10,208 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    and whats the time and date of purchase on the receipt?
    know thyself
    Nid wy'n gofyn bywyd moethus...
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