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argos won't exchange faulty ps3

Hi all,

My wife brought me a ps3 for xmas back in october from argos direct, due to visiting familly only just got round to opening it yesterday only to find it faulty.

as i'm in london at moment my local argos is only 2 minutes away so i took it there, the guy at the refunds counter said i had to call sony and get them to repair it, back at home a quick scan of their website said that they would repair / replace / refund it as it was under a year old (as i expected and had told the guy in store) but a call to argos direct said that the store would take it back but it would have to be sent to sony before they would offer me a replacement (which was no where on their website).

I just want to walk in give them the old broken system, and get a replacement, when i get back home to north wales it will be a pain to get anything resolved, i work long hours, and don't want my heavily pregnant wife in and out of argos trying to sort out their mess.

hope someone can advise me of my rights and what argos should be doing

Thanks
«13

Comments

  • Lincoln_Imp
    Lincoln_Imp Posts: 2,518 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    I dont know the rules here but this might be something to do with ALL console machine ,ie people get them modified to play copied games and then when things go wrong try and take them back to exchange
    Guessing the only way Argos would know is to have a rule stating send back to Sony etc for repair ?
    I am not for one minute suggesting yours is like that or that is law etc but that might be what they do ?
    Have a nice day :)
  • jt2k6 wrote: »
    Hi all,

    My wife brought me a ps3 for xmas back in october from argos direct, due to visiting familly only just got round to opening it yesterday only to find it faulty.

    as i'm in london at moment my local argos is only 2 minutes away so i took it there, the guy at the refunds counter said i had to call sony and get them to repair it, back at home a quick scan of their website said that they would repair / replace / refund it as it was under a year old (as i expected and had told the guy in store) but a call to argos direct said that the store would take it back but it would have to be sent to sony before they would offer me a replacement (which was no where on their website).

    I just want to walk in give them the old broken system, and get a replacement, when i get back home to north wales it will be a pain to get anything resolved, i work long hours, and don't want my heavily pregnant wife in and out of argos trying to sort out their mess.

    hope someone can advise me of my rights and what argos should be doing

    Thanks


    First of all things go wrong, it is life, you just have to accept it.

    They need to send it away to Sony to get it checked over. After all how do they know you havbe not spilt coffee in it ? With the greatest respect why should they take your word for it.

    We have seen in another thread how a guy who worked as Asda saw his boss being had over by someone bringing a housebrick in a DVD box for a refund. His boss did not check, just handed over the cash.

    Businesses are more savvy these days.
    "There's no such thing as Macra. Macra do not exist."
    "I could play all day in my Green Cathedral".
    "The Centuries that divide me shall be undone."
    "A dream? Really, Doctor. You'll be consulting the entrails of a sheep next. "
  • lemontart
    lemontart Posts: 6,037 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    point out to them politely your contract is with argos not sony and what they choose to do after they meet their contractual agreement with you/your wife as purchaser is their choose not yours.

    speak to a manager is best way, if desk person does not know the law regarding fit for purpose ,
    I am responsible me, myself and I alone I am not the keeper others thoughts and words.
  • jt2k6
    jt2k6 Posts: 144 Forumite
    thanks,

    I have no problem with them checking, just it is not clear on the website, which states

    "If there's a fault with the product...

    We've made it easier!
    • If you bring it back to us within 30 days with your proof of purchase*, we'll give you a
      replacement or a refund.
    • If you've had the product for up to 1 year, we'll repair the product or, if that's not possible, give you a replacement or, if that's not possible, a refund"
    no mention of any exceptions,
  • jt2k6
    jt2k6 Posts: 144 Forumite
    First of all things go wrong, it is life, you just have to accept it.

    They need to send it away to Sony to get it checked over. After all how do they know you havbe not spilt coffee in it ? With the greatest respect why should they take your word for it.

    We have seen in another thread how a guy who worked as Asda saw his boss being had over by someone bringing a housebrick in a DVD box for a refund. His boss did not check, just handed over the cash.

    Businesses are more savvy these days.

    thanks for your reply.

    When I am paying close to £300 on an item i should not have to accept it going wrong, yes things do go wrong and i have ahd and know people who have had things brought faulty from argos. (a friend returned a £900 tv to argos last week for execessive dead pixels, they opened the box checked for remote and leads and gave a replacement there and then)

    they can by all means check the box for contents, hell they can even plug it in and try and use it, no problem with that.... or even place on thier website that this item is exempt from the repfund policy as they do with earings, dvd's, games etc..
  • omen666
    omen666 Posts: 2,206 Forumite
    1,000 Posts Combo Breaker
    exceptions are normally on the receipt with argos.
  • soolin
    soolin Posts: 74,290 Ambassador
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    jt2k6 wrote: »
    thanks,

    I have no problem with them checking, just it is not clear on the website, which states

    "If there's a fault with the product...

    We've made it easier!
    • If you bring it back to us within 30 days with your proof of purchase*, we'll give you a
      replacement or a refund.
    • If you've had the product for up to 1 year, we'll repair the product or, if that's not possible, give you a replacement or, if that's not possible, a refund"
    no mention of any exceptions,

    Then they are following that rule. They are going to check the item and if it can be repaired by Sony they will repair it, and assuming to was faulty at point of sale and cannot be repaired they will replace it.

    Let them take the console, get a receipt for it and wait to see what Sony say.

    These machines have inherent faults, my DS had one faulty from the box from Tesco and they did this as well and he got a replacement about a week later . Having spent so much time in Tesco about the box the staff got quite talkative and explained that Sony can see the difference between an inherent fault with a machine and deliberate damage so they send it to Sony just to make sure it is a genuine return and if it can be repaired quickly they do that, if the fault is more serious and might take a while Sony tend to allow a straight swap.

    Obviously as yours is new from the box the same thing should happen with you, Sony will see the box is faulty as delivered and either repair or allow a replacement.
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  • jt2k6 wrote: »
    thanks for your reply.

    When I am paying close to £300 on an item i should not have to accept it going wrong, yes things do go wrong and i have ahd and know people who have had things brought faulty from argos. (a friend returned a £900 tv to argos last week for execessive dead pixels, they opened the box checked for remote and leads and gave a replacement there and then)

    they can by all means check the box for contents, hell they can even plug it in and try and use it, no problem with that.... or even place on thier website that this item is exempt from the repfund policy as they do with earings, dvd's, games etc..

    You were badly advised by the chap you spoke to in the shop with regards to sending it back to Sony. That is the only area Argos have fallen down on so far. By all means complain about him.

    They are following their refund policy. I do not see how you can claim they are not. They want you to take the goods back and they will send them to Sony for verification. The website is perfectly clear and they are following that. They are taking responsibility for the fault.

    As nice as it would be for things to never go wrong it does happen. I personally do not expect things to go wrong irrespective what I pay for them. Sadly they do. However it is how the problem is resolved that is then the issue.
    "There's no such thing as Macra. Macra do not exist."
    "I could play all day in my Green Cathedral".
    "The Centuries that divide me shall be undone."
    "A dream? Really, Doctor. You'll be consulting the entrails of a sheep next. "
  • smcaul
    smcaul Posts: 1,088 Forumite
    Forget their T&C's, this is a Sale of Goods Act issue. Return the goods as not fit for purpose, make sure you tell them you are rejecting the goods. As you have had it since October it could be said you have accepted the goods and therefore are really only entitled to a repair/replacement/refund at their (Argos) discretion.

    But, as you found the goods to be faulty on first use then you can reject the goods and ask for a refund or replacement - but you need to tell them it was first use when fault was found. This is the key issue.

    Good luck!!!!
  • ~daisy~_2
    ~daisy~_2 Posts: 2,566 Forumite
    my sons ps3 was sent back to sony at 3 months old
    we had also bought it from argos but it was very painless - a courier arrives with a special crate that is locked in front of you and was delivered back the same way 2 or 3 weeks later
    we had also taken it back to argos first and told this was the procedure
    :j MFi3 wannabee :j
    mortgage owing 04.07 £36,000
    mortgage owing 07.10 £0 !!!!
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