Faulty Digital Camera and ARGOS!!

Jimi3333

Hi.

Any help with my issue would be greatly appreciated.

I bought an Hitachi digital camera from Argos almost 4 months ago.

I have used the camera frequently, and today after charging the battery, (ready to take some photos of my son by the christmas tree, as you do), the camera packed up. The camera would not turn on. It just kept turning itself off. There was no battery issue as this was charged. I think that it was doing it because it could not focus properly, (or at least it was not from the brief pictures I was seeing on the screen). I took the battery out, tried to charge it again, but the battery was full. Battery re-inserted the problem continued to happen, the camera just kept turning itself off.

At this point, as soon as the camera was on, I pressed the "play" button so that I could see pictures that I had already taken. This function worked fine. I pressed it again, (so that it went back to taking pictures mode). At this point the camera had already turned itself off. From this point forward the camera will not even turn on, and the lens of the camera has not retracted. I therefore presume there is a problem with the lens or something. The camera has been treated very well, (not dropped, thown, etc).

I took the camera back to the Argos that I had purchased it from today, with full box and reciept. I was told that the camera would have to be sent back as it was outside of the 30 day guarantee. I told the Argos representative that I was not happy with this and that as the camera was under 6 months old that I was entitled to either a replacement or a refund. At this point she went to get the manager who came back and basically told me exactly the same thing. I told the manager exactly what I had told the other sales assistant, that I was far from happy with this and that my rights were to obtain either a refund or a replacement product. I again was told that it was outside of the 30 day guarantee and that the only option was for it to be sent off for repair.

Again, I disagreed with the manager, telling her that my rights were for either a replacement camera or a full refund. I asked her to ring the head office there and then, which she did, in front of me. Anyway, 5 minutes later and the story was exactly the same, head office had told her that she was correct.

So, after a long story, (sorry), is someone able to advise me of my rights, and whether or not I am wrong in my assumptions?. After all, what happens if Argos send back my item for repair in some inadequate packaging, or if it is repaired and the problem happens again?.

I thought that I was entitled to a refund or a replacement there and then, after all the camera is only 4 months old?. I also understand that from Argos' point of view, I could have thrown the camera, broke it and then do the same thing.

Any help will be very gratefully recieved.

neilmcl

Jimi3333 wrote: »

So, after a long story, (sorry), is someone able to advise me of my rights, and whether or not I am wrong in my assumptions?. After all, what happens if Argos send back my item for repair in some inadequate packaging, or if it is repaired and the problem happens again?.

I thought that I was entitled to a refund or a replacement there and then, after all the camera is only 4 months old?. I also understand that from Argos' point of view, I could have thrown the camera, broke it and then do the same thing.

Any help will be very gratefully recieved.

Don't assume, you know the rest.

Seriously though, your assumption is wrong. Your entitled to a repair, replacement or partial refund, the choice is the retailers, not yours.

Jimi3333

Hi There,

Thanks for that reply

I thought under the sale of goods act that I was entitled to either a refund/replacement/repair, but did not realise it was the retailers choice as to which.

It just seems so disgusting that this camera could have been 6 weeks old, and my only option would be to have it repaired.

It makes you wonder why you bother shopping sometimes!!

Thanks very much.

neilmcl

The SOGA allows for a full refund only if a fault is discovered within a reasonable time of purchase.

4743hudsonj

which i will add is the time it takes to accept the goods which you have so you cant argue that position op

Jimi3333

Aha,

I see now.

I thought that a reasonable timeframe was 6 months. That seems reasonable to me, (although I suppose it would, lol).

I would have been even worse if it was only weeks old. It was "excempt" apparently from the 30 day guarantee, so presumably even if it was broken after 1 week, it would still have to be repaired? If so, that just seems even more wrong.

Thanks again.

4743hudsonj

Jimi3333 wrote: »

Aha,

I see now.

I thought that a reasonable timeframe was 6 months. That seems reasonable to me, (although I suppose it would, lol).

I would have been even worse if it was only weeks old. It was "excempt" apparently from the 30 day guarantee, so presumably even if it was broken after 1 week, it would still have to be repaired? If so, that just seems even more wrong.

Thanks again.

A reasonable time is used to explain the time frame in which a buyer accepts goods, this is, to accept their condition and functionality for a substantial time, which for a camera, a few months is enough. If however you noticed the fault after uploading pics to your pc for the first time, you could reject the goods, as its arguable you haunt had time to inspect full functionality of the goods.


The 6 months you refer to is merely the time frame from purchase where it is the retailers responsibility to prove there was not an inherent fault, if they cant, they must rectify as per SOGA. After this 6 months you must prove there WAS a fault at manufacture and usually have to pay in some way to do so.

Jimi3333

Firstly, thanks again. That has certainly given clarity.

Just another quick question about the "30 day exempt policy".

This presumably (dont want to do that now, lol), means that the camera could not be taken back in their 30 day policy for a refund, because it is excempt. Therefore if the camera broke in say day 7, does that mean that they would still only have to repair it, or have to give a refund because 7 days was a reasonable time to detect the error.

Also, just out of curiousity really, if the camera comes back, and there is a fault, what happens then? Am i entitled to a refund or exchange then, as there was a fault within 6 months, or is the choice still theirs, meaning that I might have to accept the camera repaired?

Many thanks, again.

Jimi3333

Originally Posted by sharpey79gfc
Morning all,

Around Christmas time last year I purchased a new kettle and toaster from Argos and both have recently developed minor faults.

The breville illuminating kettle, no longer illuminates.

And on the Tefal Avanti toaster one of the buttons to raise the toast higher doesn't function (in fact it never has).

Although these two problems do not affect their overall functionality, it is annoying that I have paid for these features and they no longer work.

As they are still less than a year old, who should I contact to get a replacement or repair, should I go back to Argos or to the manufacturer?

I still have the receipts for both items but not the boxes.

Thanks
The retailer is liable under the Sale of Goods Act. Actually, you will have no problem with Argos with getting the items replaced. They are excellent on customer service, particularly as you have the receipts.

Regards,
Art.




Am probably being really stupid here, but what is the difference between the kettle and the camera?

Esqui

It would be more cost effective to repair the camera than replace it.

4743hudsonj

Jimi3333 wrote: »

Firstly, thanks again. That has certainly given clarity.

Just another quick question about the "30 day exempt policy".

This presumably (dont want to do that now, lol), means that the camera could not be taken back in their 30 day policy for a refund, because it is excempt. Therefore if the camera broke in say day 7, does that mean that they would still only have to repair it, or have to give a refund because 7 days was a reasonable time to detect the error.

Also, just out of curiousity really, if the camera comes back, and there is a fault, what happens then? Am i entitled to a refund or exchange then, as there was a fault within 6 months, or is the choice still theirs, meaning that I might have to accept the camera repaired?

Many thanks, again.

their 30 day policy is an extension to this "reasonable time" to inspect goods which i talked about. That way there is no argument. They do however exempt electricals. This merely means you have your rights under SOGA. I.e. "reasonable time".

As to your question, 7 days is iffy, a camera i would have thought 7 days would be arguable both ways and they would. It would take alot of letters and possibly court to decide but most likely yes it would go in your favour after 7 days. IMO anyways. Another product, lets say a glass for your kitchen, would take less time to inspect for functionality. But if a consumer buys something, goes on holiday for a month, comes back finds the goods are faulty, technically, they could argue that they are within reasonable time considering their circumstances. This of course would all be decided in court and all on here are expressing educated guesses and opinions at best when it comes to deciding who a case would favour.

As for your final question, if the camera comes back, and they CANT prove that there WASN'T a fault from manufacture (which is very hard unless they can prove neglect) then they MUST either repair, replace or refund. They get to choose, and will go with the most economic. So if part are hard to come by and expensive, they may opt to replace or refund. Its also worth noting that a repair must be done in you guessed it "reasonable time". If they exceed this (we on MSE figure it to be 4 weeks cut off in general - or so what i have seen), then they must take another course of action and replace or refund, again in a "reasonable time".

The only situation i can think of now where you wont get a remedy is if they prove neglect, i.e. its been dropped or water damaged.

I haven't offered clarity really, just an insight. The law is far from clear, that's why we have a judicial system to decide case by case, who the law favours.

Hope it helped though.

Merry Christmas
Josh