Will Argos take it back?

teb_2

I bought an Xbox 360 about 6 or 7 weeks ago. It was bought as a present and so wasn't opened until the person's birthday last week.

The box is faulty and wont read disks properly. It started off ok but then had the odd problem. Now it's pretty much doing it all the time. I have looked on the net for information and it seems this is a common fault and people are advised to get the machine exchanged.

I've heard that Tesco are exchanging with no problem but will Argos take this machine back and exchange it after this length of time?

I really don't want to accept a repair, especially since the machine will be away for 2 weeks so I'm told.

Decadent_Fool

As far as I see, the goods are not of merchantable quality, and you should be able to get an exchange. The fact that this is recognised as a semi-regular problem only helps your case.

It would be a different matter perhaps if you'd wanted a refund, but you should be fine

FloFlo

If the goods are faulty you are entitled to refund or exchange, as Argos are the retailer they have the contract with you to exchange or refund.

teb_2

Ok wish me luck. I'm off to Argos now. I just double checked the receipt and it's only 5 weeks old yesterday. I only hope they don't want to send it off to confirm the fault. I don't suppose there's much I can do about it if they do. The whole point of wanting an exchange is so that the person doesn't have to do without it, so it defeats the purpose if they want to send it away.

Johntea

Technically you should be OK, retailers should be aware of the problems these consoles are having

GAME will swap the console there and then

teb_2

Just back. Woman in Argos checked on the computer and came back to say that they wouldn't exchange it and that they had to send it away for repair.

I was dead polite but told her that wasn't good enough and that Trading Standards had told me I was entitled to an exchange. (Ok, I made that bit up).

She went off to ask another colleague and they eventually agreed to swap it for a new console. I hope this one works ok.

Thanks.

Johntea

Well done. Although I've heard if you have to send off your console to Microsoft x amount of times they will start 'compensating' you with free games, controllers etc.

executiverocker

FloFlo wrote:

If the goods are faulty you are entitled to refund or exchange, as Argos are the retailer they have the contract with you to exchange or refund.

no thats wrong

after a certain amount of time(over 30 days with argos) you are eligable for a repair or exchange. The entitlement changes from item to item. Kettles , irons etc are normally straight replacements, but things like high value eg xbox, PS, hifis, tvs etc are subject to a repair in most cases.

you usually can only get a refund if the item was faulty within 30 days.

Decadent_Fool

teb wrote:

Just back. Woman in Argos checked on the computer and came back to say that they wouldn't exchange it and that they had to send it away for repair.

I was dead polite but told her that wasn't good enough and that Trading Standards had told me I was entitled to an exchange. (Ok, I made that bit up).

She went off to ask another colleague and they eventually agreed to swap it for a new console. I hope this one works ok.

Thanks.

Good work teb !

FloFlo

Check this out from Consumer Direct:

However, since the 31st March 2003, the Sale and Supply of Goods to Consumers Regulations give you parallel or alternate rights. Instead of a refund, you may choose to ask for a replacement or a repair. Goods which do not conform to the contract within the six months after they were delivered are presumed to have been faulty when you got them. In these cases, you do not have to prove the fault was present when the goods were sold. Instead, the trader must prove that the fault was not present when the goods were sold. The burden of proof is on the trader.

executiverocker

yeah after 6 months the owner has to prove the fault. Still doesnt mean its not subject to repair though, otherwise there wouldnt be the "after 30 days subject to repair" rule.

They give 30 days because they believe that is a "reasonable" amount of time. After that they refer the item to repair/check/estimate if applicable

Consumer Law.....its so grey :P