Hair Straighteners went wrong - who is contract with?

ses6jwg

My G/F bought some Hair Straighteners from Argos in July 2007 @ £59.99.

The spring has now broken so they dont open and close properly.

It states on the box 3 Year Guarantee

We went to argos with the receipt, and we were very nicely told that we had to take it up with the manufacturer.

I wasn't best pleased as I was sure I read in a Computeractive article that the contract is with the retailer not the manufacturer and its up to them to send it off for a repair/ replacement.

Can anyone confirm/ deny this? And show me some relevant legislation to use as evidence if my inkling was correct?

Mark_Hewitt

The retailer is responsible under the Sale of Goods Act, which states that any item must last for a resonable time, under 6 months and it's up to the retailer to prove you broke it, after 6 months it's up to you to prove you did not.

The 3 year guarantee is entirely seperate and outside of the SOGA so the shop is correct in this instance that you need to contact the manufacturer.

bookworm1363

That depends: If you are trying to claim under the 3 yrs warranty, then it's manufacturers.

But if you are trying to claim the goods are not of satisfactory quality/durability, etc then you are invoking SOGA and you do go to the retailer. However, as Mark has indicated after 6 mths, the onus is on you to show that the goods do not conform to contract, and you will have to pay for them to get examined and send a copy of the report and its supporting findings to Argos. If the report confirms that the goods failed due to poor quality etc, then you can reclaim the cost of the report from Argos.

Meepster

bookworm1363 wrote: »

That depends

I dare you to go a whole day without saying this again