Xbox360 Elite with busted hard disk (from argos)

threedee

Well, so much for christmas really. Decided to get some of the videogame action, went out and bought 360 Elite. Bring it home, unpack, connect - clankety-clank sounds and error E68.

Google yelded "HDD error" when searched for E68.

Disconnect HDD - box works just fine, except now it has no internal memory whatsoever, means no saving, means box is useless. Splashing 80 quid for working HDD is not an option and sending a box to M$ to get replaced by reconditioned one is not a thought i entertain much...

So i dig up a receipt and it states that the box is EXEMPT from 30 day money back guarantee... !!!!!! ?

I'm to go back to argos later today (4:32am as i type) and from my past experience i know they will stonewall me.

Item paid with cash so card chargeback is not an option (ok, ok, daft i know...)...

Do i have some sort of weapon for this situation ? Any particular laws to cite when i speak to manager (eventually) ?

Just want to go in there prepared...

Thanks for any advice...

robpw2

if its faulty they wil have to either repair it or replace it

threedee

I bet they will want me to take the box to m$. Anything in particular i can use to persuade them that its their problem, not mine ?

Now trying to get the info off the argos website, so far no luck.

#EDIT1# Ahh, here
I quote - "Please note all video games consoles are excluded from the Argos 30 day money back guarantee. Please ensure you read the specification on the box before installation. We also cannot accept back video gaming software under our 30 day money back guarantee if the plastic wrapping has been unsealed – this does not affect your statutory rights." unquote...

There.. Now what ?

robpw2

sales of goods act the store you purchased it from will have to sort it

threedee

Can you point a finger at particular points in the law ? Where can i get to read on it ?

robpw2

http://www.berr.gov.uk/whatwedo/consumers/fact-sheets/page38311.html
Wherever goods are bought they must "conform to contract". This means they must be as described, fit for purpose and of satisfactory quality (i.e. not inherently faulty at the time of sale).

custardy

you are unlikely to get anywhere with Argos re a replacement
you can get them to return it to M$ but you are probably better contacting M$ yourself and getting it sorted
i would go in a try argos first as you never know your luck

threedee

So how all this "exemption" ties into this picture ? Are they by law obliged to replace th item ? Why the "exemption" then ? Is it valid or is it just the trick to make me take the burden of repair (sending to m$, etc...) ???

Just a bit confusing...

robpw2

threedee wrote: »

So how all this "exemption" ties into this picture ? Are they by law obliged to replace th item ? Why the "exemption" then ? Is it valid or is it just the trick to make me take the burden of repair (sending to m$, etc...) ???

Just a bit confusing...

the exemption can only cover returns where there is nothing wrong with the item
argos still have to apply with the soga
and unless the exemption was pointed out before you made payment it would not be deemed to form part of the contract.

irishjohn

the 30 day money back guarantee is for those who change their mind and decide they don't want to keep something.

If the hard drive is knackered then the box is not fit for purpose and must be repaired or replaced - the guarantee is not important in this situation - its a faulty item.

Just one thing though - don't under any circumstances tell them you have opened the box and removed the hard drive you should not have done that - as that is their get out clause.

If the box came up with an error when you switched it on then it was faulty when purchased. Politely tell them you require a refund or replacement with a new item - you are not required to accept a repair for an item which was faulty when you bought it. If necessary ask for the manager and tell him you refuse to accept a repair and if they are unwilling to refund or replace you need that in writing to enable you to sek legal advice.

custardy

threedee wrote: »

So how all this "exemption" ties into this picture ? Are they by law obliged to replace th item ? Why the "exemption" then ? Is it valid or is it just the trick to make me take the burden of repair (sending to m$, etc...) ???

Just a bit confusing...

argos have a 30 day return period on top of your legal rights
so you can just return and item you dont want/like
some items the exempt from this