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Argos' empty promise

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  • Halloway
    Halloway Posts: 1,612 Forumite
    Almafolk wrote: »
    I thought the very purpose of this website is to question the essence of policy of many big companies. Did I miss any small prints?:confused:

    You'll find that we're a broad church here.
  • djb215
    djb215 Posts: 412 Forumite
    edited 23 July 2009 at 12:45AM
    MilkyJoe wrote: »
    Just say it's faulty.

    How about no...

    It's people who do stuff like this that contribute to failing retailers.
    If the OP had done the same thing this time 18 months ago for example Argos might have exchanged it (as a goodwill gesture) but there's no point in offering goodwill if it's going to be a strain financially.

    As colliefrog, the Argos website, your till receipt and the catalogue say it needs to be unused and in a resaleable condition. Obviously you will want to open the box and check the contents, the best way to check it would have been to take it out of the box and the plastic bag inside, keep the cable ties on, plug it in and test it for a minute or two - by the sound of it you were returning it having not repackaged it properly or to the point where it looked used.

    Goods returned under the 30 day MBG will need to be resold, so I assume you would have been happy to accept a used hairdryer if you were the next person to buy it?

    I had a couple who said it was outrageous that I would not refund a deep fat fryer for them because they wanted a more powerful one - they had boxed it up alright but I only needed to open the lid halfway and could smell the grease, yuck...
    [DISCLAIMER: Any posts made by myself are my opinions and do not represent my employer]

    God put me on Earth to acomplish a certain number of things.
    Right now I am so far behind I will probably never be allowed to die!
  • Debt_Free_Chick
    Debt_Free_Chick Posts: 13,276 Forumite
    10,000 Posts Combo Breaker
    Almafolk wrote: »
    I have had 2000w hairdryer before of other brands, they all had more powerful performance than this one. Am I wrong to have any expectation?

    I don't mean to be rude, but this can not be so. 2000W is 2000W whether it's a hairdryer or a lightbulb - it's a measure of power.

    The problem is you have used it - so, lawfully, your only right to a refund/replacement is if the item is faulty.

    In addition to this lawful right, Argos allow customers to change their mind about the product, when it's not faulty - but only if Argos can put the item back on the shelf for resale. Clearly, they can not do that with a used item.

    I'm not so sure you can "test" the power of a hairdryer by simply switching it on. It uses heat to dry your hair, so perhaps when you use it, you'll find that it does deliver its 2000W after all? :confused:
    Warning ..... I'm a peri-menopausal axe-wielding maniac ;)
  • starnight_2
    starnight_2 Posts: 390 Forumite
    There isn't a fault with the dryer so they don't have to refund it. If it's the quality you are unhappy with why not try complaining to the manufacturer of the product instead of the retailer?
  • Almafolk
    Almafolk Posts: 6 Forumite
    OK. Let me put it a bit clearer.
    1. The hairdryer was used once, for less than 5 minutes.
    2. I did have the cable neatly tied up and the hairdryer remains in a resaleable condition. Since it's not a fryer, there's no grease of course. Some products are certainly easier to keep to the resaleable standard than others.
    3. The store staff did not actually bother to open the packaging and take a look. Soon as they heard it was used once. They rejected the return.
    4. So ironically, if I had bought the hairdryer online, I'd have better chance to return it and get a refund successfully? Is there any viable logic to this situation?
    Say, if I bought a cardigan from Gap, even if I had cut the tag and try it on, I still can obtain a refund later. They are not daft, surely? And why do customers have to be treated with great suspicion by the shops?
  • Debt_Free_Chick
    Debt_Free_Chick Posts: 13,276 Forumite
    10,000 Posts Combo Breaker
    edited 24 July 2009 at 12:10AM
    Almafolk wrote: »
    OK. Let me put it a bit clearer.
    1. The hairdryer was used once, for less than 5 minutes.

    And therefore, it was fit for purpose. And "used"
    2. I did have the cable neatly tied up and the hairdryer remains in a resaleable condition. Since it's not a fryer, there's no grease of course. Some products are certainly easier to keep to the resaleable standard than others.

    Irrelevant, I'm afraid. The law only gives you the right to return faulty goods and/or those that are not fit for purpose.

    Argos give you an additional option - which is to return goods unused. See (1) above - you admit to using the product. And in any event, having removed the packaging, you are not complying with the additional/optional rights/options that Argos have offered.
    3. The store staff did not actually bother to open the packaging and take a look. Soon as they heard it was used once. They rejected the return.

    But unfortunately irrelevant - see (1) above. The item worked - it was "fit for purpose". So you had no right in law to reject the item. The situation then fell to be dealt with in accordance with Argos's own (optional) policy. So the item had to be returned unused i.e. as if you had received it as a gift and, on opening the gift wrapper, you decided it was not what you wanted.
    4. So ironically, if I had bought the hairdryer online, I'd have better chance to return it and get a refund successfully? Is there any viable logic to this situation?

    Yes. Those buying online are deemed not to have had the opportunity to inspect the item. In effect, they have agreed to buy, based only on a digital image of the item.
    Say, if I bought a cardigan from Gap, even if I had cut the tag and try it on, I still can obtain a refund later.

    In law no - unless the item was faulty and/or not fit for purpose.

    To be blunt, I'm afraid you are failing to distinguish between your rights in law - which Argos can not deny - and the optional, additional "rights" or options that Argos have agreed to extend to you, subject to their terms & conditions.
    They are not daft, surely? And why do customers have to be treated with great suspicion by the shops?

    No, they are not "daft". But there is a difference between your lawful rights e.g. as bestowed by the Sale of Goods Act (and subsequent legislation) and a voluntary, optional, additional agreement given by Argos, which is determined by their T&Cs.

    Have you actually tried the drier out?
    Warning ..... I'm a peri-menopausal axe-wielding maniac ;)
  • gordikin
    gordikin Posts: 4,422 Forumite
    As you used the hairdryer you cannot claim your money back under the 30 day money back guarantee as the item has to be returned unused. You broke the terms & conditions of the guarantee, it really is that simple.
  • pendulum
    pendulum Posts: 2,302 Forumite
    The original poster said "I have had 2000w hairdryer before of other brands, they all had more powerful performance than this one.", and you said:
    I don't mean to be rude, but this can not be so. 2000W is 2000W whether it's a hairdryer or a lightbulb - it's a measure of power.
    I don't mean to be rude either, but it obviously is possible to have two 2000W products, each noticeably different in performance. It depends on the efficiency of the products. Example: a 20W energy saver is not the same in terms of performance as a 20W tungsten filament.
  • Almafolk
    Almafolk Posts: 6 Forumite
    There must be somthing lost in translation here...UNUSED is actually different from RESALEABLE condition. So even if I only plugged in and tested if the eletric cable worked or not, it could still be construed as I USED the hairdryer, according to the logic of Gordikin, djb215 and D_F_C. In fact, the idea I got from the Argos helpline advisor was that long as I took the hairdryer out of the packaging and plugged it in, then I had USED the item. Do you see what I'm getting at? The impression Argos created with their 30-day guarantee trods on the very fine line of interpretation, and such an interpretation is utilised to protect the retailer, not the customer. Are you really happy with such a policy?
  • Debt_Free_Chick
    Debt_Free_Chick Posts: 13,276 Forumite
    10,000 Posts Combo Breaker
    Almafolk wrote: »
    There must be somthing lost in translation here...UNUSED is actually different from RESALEABLE condition. So even if I only plugged in and tested if the eletric cable worked or not, it could still be construed as I USED the hairdryer, according to the logic of Gordikin, djb215 and D_F_C. In fact, the idea I got from the Argos helpline advisor was that long as I took the hairdryer out of the packaging and plugged it in, then I had USED the item. Do you see what I'm getting at? The impression Argos created with their 30-day guarantee trods on the very fine line of interpretation, and such an interpretation is utilised to protect the retailer, not the customer. Are you really happy with such a policy?

    Give it up. Please, for the love of God ... give it up.
    Warning ..... I'm a peri-menopausal axe-wielding maniac ;)
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