mis-sold an mp3 player ? - please help !

zackkilmer

Hi

I bought a creative zen sleek mp3 player from Argos on Saturday . Its excluded from 16 day money back offer . Instore , in the catalogue it stated "removable battery" but on getting home I discovered it was a sealed unit like an ipod . This is a big issue for me as i wanted to carry round a spare battery . HAVE I BEEN MIS-SOLD THE ITEM AND IF SO AM I ENTITLED TO A FULL REFUND ?

Thanks

Little_John

I just checked the website and it does state removable battery print the page out and take it back to the store and ask them to demonstrate how to remove the battery, when they show you they cant point it out that this is why you bought that specific mp3 player as they said that it has a removable battery it doesnt so it was mis sold. I dont know what the rights are on mis sold items but it was mis sold. if they turn round and remove the battery then it isnt a problem you can remove the battery.

I just looked u the Statutory rights, according to this page

Refunds
You are entitled to your money back if there is a fault with the goods, or they are any of the following:

Unsatisfactory quality
Not fit for their purpose
Misdescribed (not what they are supposed to be)
You must be able to prove that the fault was present when the goods were sold. The burden of proof is on the consumer.

Even if you have used the goods a few times, you are probably still entitled to a refund. However, if you have had some use from the goods, the trader may make a reduction from the original price when refunding the money.

If you have not had a reasonable opportunity to check the goods, you could possibly be entitled to a refund if you complain at a later date.

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.

If a repair or replacement is not available or turns out to be unsuitable, you could then ask for a refund. Contact Consumer Direct for further advice.

Their 16day return policy states your Statutory rights are not affected so they are bound by the above so as the item was mis sold you are entitled to a refund.

weemee

Sale of goods act. Goods must be fit for purpose and as described.

bingo_bango

As the item is misdescribed, you can withdraw from the contract (get a refund) under The Misrepresentation Act. In addition, Argos have made a false declaration about a product, which may be a breach of the Trade Descriptions Act. This should be reported to Trading Standards as it is a criminal offence to knowingly mislead a consumer. You can do so at www.tradingstandards.gov.uk

zackkilmer

thanks little john for your reply . I will take it down to the shop armed with a printout of your post !! The inner see-thru cellophane wrappers have been binned but everything else is mint condition . I put 100 songs on player to try it out so will wipe them off too . So you think I stand a good chance then - I don't want to end up travelling all the way into town 20 miles away and have them fob me off !!

Astaroth

Criminal offence? What ever happened to mistakes? Certainly when I worked for a catalogue company a lot of "technology" items hadnt even been released at the time of the catalogues being sent to print and so the description had to be made based on the manufactures intended spec which at times could change by the time it had been released.

As others have said, go back to argos with the page from the catalogue/ screen print and say it doesnt match the description - I cannot see them having any problems with exchanging/ refunding it.

Little_John

zackkilmer wrote:

thanks little john for your reply . I will take it down to the shop armed with a printout of your post !! The inner see-thru cellophane wrappers have been binned but everything else is mint condition . I put 100 songs on player to try it out so will wipe them off too . So you think I stand a good chance then - I don't want to end up travelling all the way into town 20 miles away and have them fob me off !!

Dont take a print out of my post LOL
Take a print out of the web page I linked to from Argos or take their catalog I am sure it lists the same details in there.

If you still have the wrapers take them back too, get them out of the bin if they arnt there then they could refuse. Also factory reset the mp3 player

Taken from the Creative website, I know it says sleek photo but It should be the same for yours.

How to reset, format or clean up a Zen Sleek Photo player?
If you need to reset the player settings and audio settings to the factory default, press on the Menu/Back button on your player, and select System, and then Reset.

If your player stops responding, you can reset it. This should not cause you to lose any data or audio tracks, unless you were in the middle of transferring an audio track. To reset the player: push the end of a thin object (for example, a pin or straightened paperclip) into the Reset hole.

If you need to clean up or format your player, you can do so via the Recovery Mode:

Detach the Zen Sleek player from your computer, and ensure that the unit off.
Connect the power supply to the player (Optional, unless the battery is very low).
Hold down the Play/Pause button, and then insert a paper clip into the Reset hole underneath your player, beside the data/power connector.


Remove the paper clip from the Reset hole. The Rescue Mode screen will then appear.
After the recovery mode has started, release the Play/Pause button
The player will display the following options:

Clean Up (Performs a disk scan on the players hard disk, it will not affect music files)
Format All (Formats the players hard disk - Note: all contents will be lost)
Reload Firmware (Reloads the Operating System on the Zen)
Reboot (Reboots the device).

The fact it has been used is a major problem, they can refuse to exchange it due to what can be recovered from the drive. who knows what you have used it for, if it was checked by the new owner or the Police confiscate it and discovered unsutable/illegal material installed on it in the past. I expect this is why they dont refund under the 16 day policy. Try to return it as if it has been unused