argos won't exchange faulty ps3

soolin

~daisy~ wrote: »

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

I've had to do that with ipods, they send a man with a crate and only after you see him lock and seal it do you sign to say item has been collected. It seemed a bit secret squirrel at the time but it certainly works.

soolin

smcaul wrote: »

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!!!!

Have you actually read the SOG act?

Refunds

You can get your money back if an item is:

• faulty (it doesn’t work properly)
• incorrectly described
• not fit for purpose

If you find that the item doesn’t meet these requirements you can ask for your money back, as long as you do so quickly. Alternatively, you can request a repair or replacement or claim compensation.

Bought in October , rejected in December..I'm not sure if that meets the definition of 'quickly'.

smcaul

soolin wrote: »

Have you actually read the SOG act?

Refunds

You can get your money back if an item is:

• faulty (it doesn’t work properly)
• incorrectly described
• not fit for purpose

If you find that the item doesn’t meet these requirements you can ask for your money back, as long as you do so quickly. Alternatively, you can request a repair or replacement or claim compensation.

Bought in October , rejected in December..I'm not sure if that meets the definition of 'quickly'.

have you actually read it? Where does it say "Quickly"?

You have a reasonable amount of time to accept or reject goods, but that time is not defined. However, if there has been something preventing you from inspecting the goods such as being away etc then you can reject the goods.

Nukumai

OP - I think that the crux of this issue is that you need to explain to Argos that, whilst the unit was purchased in October, it was a Xmas present and remained unopened until a few days ago - an eminently reasonable and believable situation, in my opinion. If they accept your explanation, then they should be prepared to swap it over for a replacement unit.

From various other Argos-related threads, it might be more beneficial to politely call Head Office rather than try to convince a local store?

soolin

smcaul wrote: »

have you actually read it? Where does it say "Quickly"?

You have a reasonable amount of time to accept or reject goods, but that time is not defined. However, if there has been something preventing you from inspecting the goods such as being away etc then you can reject the goods.

The exlanation of the SOGA on the Direct Gov website states:

Refunds

You can get your money back if an item is:

• faulty (it doesn’t work properly)
• incorrectly described
• not fit for purpose

If you find that the item doesn’t meet these requirements you can ask for your money back, as long as you do so quickly. Alternatively, you can request a repair or replacement or claim compensation.

http://www.direct.gov.uk/en/Governmentcitizensandrights/Consumerrights/DG_182935

Nukumai

soolin wrote: »

Have you actually read the SOG act?

You arrogantly ask this when, judging by the rest of your post, your own knowledge of the Act is obviously flawed.

Priceless.

djb215

I would like to add that Sony, Microsoft and also Dyson don't have any direct repair services for retailers, these companies want the CONSUMER to contact them rather than the retailer.

Before the "your contract lies with the retailer" crowd re-surfaces, I should point out that Sony and Microsoft, as previously mentioned, pick up the console/item from the customer's address at a date/time that is suitable for them and free of charge, and Dyson send an engineer out to the customer's preferred location.

Legally though the retailer is supposed to send it off, all retailers can do with these 3 companies is to do EXACTLY what the customer would have to do (ring up, get a courier to pick it up, get it tested/repaired, sent back to store) but the customer would have to travel to/from the retailer to collect the item.

All I can advise is that you would be best off ringing Sony as advised to by the customer advisor (this is the same information I would give out in my store) and let Sony deal with it in a very simple manner, or get your local Argos to sort it for you but you will have the added fuss of fetching it back and forth and will only be able to sort it out during a working day.

soolin

Nukumai wrote: »

You arrogantly ask this when, judging by the rest of your post, your own knowledge of the Act is obviously flawed.

Priceless.

Would it not then be of more use to the OP to give a link and a quote to the bit that shows they can insist on a refund at any time for a faulty purchase? That way you can instantly prove me wrong and be of help to the OP in the same post. They could then go back to Argos and wave a print out of the relevant bit of the act at them, much better than saying 'some bloke on a forum told me I can have a refund'.

All of us give our own personal interpretations on here of the relevant acts as we believe them to be read and the OP must make of the advice what they will. None of our advice should be taken as 100% accurate as we are mainly lay people and giving our advice to the best of our understanding. However a link to the actual wording, or fact sheet showing that anyone can have a full refund at any time if item is faulty might help the OP.

Also of course the SOG act has been superseded by newer regulations if you would prefer to quote them in a form that the OP could use.

soolin

The Which explanation is quite a good basic grounding in consumer rights:

http://www.which.co.uk/advice/understanding-the-sale-of-goods-act/your-rights/index.jsp

Again this is an interpretation of the act bit it is written quite well

If you want to get your money back

If you buy a product that turns out to be faulty, you can choose to 'reject' it: give it back and get your money back. However, the law gives you only a 'reasonable' time to do this – what is reasonable depends on the product and how obvious the fault is. However, even with something like a car, you usually have no more than three to four weeks from when you receive it to reject it.


Personally I would follow the advice given by djb215 in their post above. It is much easier for Sony to collect from you and return to you especially given your circumstances.

smcaul

soolin wrote: »

Again this is an interpretation of the act bit it is written quite well

And thats the key bit, it's just an "interpretation", not actually law!!!!!

It boils down to what is reasonable, if the first time you use something it does not work then it is reasonable to expect a refund or replacement, not repair. Even if it has been some time since purchase before first use due to circumstance - such as it being an Xmas present etc.

I'm not going into a long debate with you about it, the debates on this subject have been many and long (do a forum search) suffice to say I would be more then happy to put my money where my mouth is and take them to the SCC for it, in fact I have to quite a few companies and only lost one case so far.