Argos refusing to give me a refund on a mini-fridge

jbrown104

Hi all,

I'm a newbie here at MSE, and I've been prompted to join because of the atrocious service I was given today at my local store.

I had gone in with a mini-fridge that I'd bought last August. I had proof of purchase, and wanted a refund or replacement because it stopped working yesterday and the items inside were spoilt.

I went up to Customer Services and explained what had happened, and the person downright refused to do anything.

Her reason was as follows:

I had bought the item to take into work, and use to keep my lunch and some milk for tea cool. She stated that they would define this as 'using the item for business purposes', and as such my consumer rights get thrown out the window.

Surely this is nonsense? I mean it would therefore stand to reason that the new shirt I bought from M&S at the weekend, if it burst apart at the seams in the middle of the office, would not be replaceable?

I can see their point if I was a butcher returning a domestic freezer that I had been using to store butcher meat, but this was a silly little cooler to keep my sarnies and milk fresh.

After ten minutes of getting nowhere, the person in charge on the floor came over and confirmed their position, and told me that 'as a gesture of goodwill' they would replace the item for a new one, and made a big fuss of them really NOT having to do that.

She also told me that there are terms and conditions in the catalogue relating to business use; quite where they are I have no idea.

In the end, though, this isn't really any more business use than buying a mouse from Comet and taking it into work.

Is Argos right, and are my consumer rights therefore obliterated?

Any help would be greatly appreciated,

James

4743hudsonj

I think your in the right here, it does seem ludicrous. Contact your local trading standards to put them straight.

I hope you took the replacement?

jbrown104

Yeah I took the replacement, but it gets worse ...

I was on the phone to Argos Customer Services in-store waiting on the replacement to be sent to the collection point, and had one of my mates with me. I went outside to speak to CS, and ask them if the person was correct, and while this was going on the person in charge barked to my mate 'Right! It's there! Go get it! What are you waiting for?!' as if 'get out!'

I never got to clear it up with CS, and I was appalled by her attitude. It's not as if the replacement was coming out of her pocket, it's Argos for crying out loud!

deanos

its probably best not mention anything about business use with returns

8.2 We have selected our products on the basis that they will be used for domestic use only, if you are planning to use them for business purposes please make sure that you are covered by the appropriate insurance. Where you decide to use the products in the course of a business, we exclude (to the fullest extend permitted by law) those warranties and conditions relating to fitness for a particular purpose. Our maximum liability to business users arising out of or in connection with the products shall be limited to the replacement value of the product in question (except in the case of death or personal injury caused by our negligence or in respect of fraud). In relation to business users, we do not accept liability for the fitness of goods for business purposes, nor do we accept liability for loss of use of the item nor any loss over and above the cost of the item in the event of a claim for breach of warranty or condition.

withabix

Argos staff aren't exactly Brain of Britain champions usually.

Think McDonalds without the food.

Using an item for personal purposes at work IS NOT business use.

Putting a domestic microwave in the kitchen at work and have 50 people using it every day would be.

jdturk

You title is misleading, they have fulfilled their rights as a retailer and as it was over 6 months could have made you get an independant report to say the fault was inherent.

Really your title should be

'Argos staff was really rude to me, how can I escalate a complaint against them?'

Lifeisbutadream

deanos wrote: »

its probably best not mention anything about business use with returns

But the OP wasnt using it for business use.

carol01

jbrown104 wrote: »

Hi all,

I'm a newbie here at MSE, and I've been prompted to join because of the atrocious service I was given today at my local store.

I had gone in with a mini-fridge that I'd bought last August. I had proof of purchase, and wanted a refund or replacement because it stopped working yesterday and the items inside were spoilt.

I went up to Customer Services and explained what had happened, and the person downright refused to do anything.

Her reason was as follows:

I had bought the item to take into work, and use to keep my lunch and some milk for tea cool. She stated that they would define this as 'using the item for business purposes', and as such my consumer rights get thrown out the window.

Surely this is nonsense? I mean it would therefore stand to reason that the new shirt I bought from M&S at the weekend, if it burst apart at the seams in the middle of the office, would not be replaceable?

I can see their point if I was a butcher returning a domestic freezer that I had been using to store butcher meat, but this was a silly little cooler to keep my sarnies and milk fresh.

After ten minutes of getting nowhere, the person in charge on the floor came over and confirmed their position, and told me that 'as a gesture of goodwill' they would replace the item for a new one, and made a big fuss of them really NOT having to do that.

She also told me that there are terms and conditions in the catalogue relating to business use; quite where they are I have no idea.

In the end, though, this isn't really any more business use than buying a mouse from Comet and taking it into work.

Is Argos right, and are my consumer rights therefore obliterated?

Any help would be greatly appreciated,

James

hiya
i would take it to another argos store and not say you took it to work and say its faulty and you have lost your faith in the product and can you just have a refund please

michaelvintner

geri1965 wrote: »

Argos is staffed by brainless idiots. If they ever refuse to let me return something in my nearest one, I take it to one slightly further away where they care less.

Strange, I have never had a problem, maybe your attitude that they are all brainless idiots show through when you try and return stuff and gets their back up.

Not everyone who works in a shop is a brainless retard, a lot of them are simply following the ridiculous rules set out for them by head office. I have always noticed that in most shops the Store Manager is hiding somewhere pretending to do something and letting the staff take all the flack for everything going wrong.

jbrown104

Okay, so here come the replies from Argos Customer Service:

(1)
Thank you for your email telling us of your recent experience when shopping with Argos.

Please accept my apologies for the fact that on this occasion, you did not receive the standard of service that you should expect.

Whilst we never like to hear that anyone is less than satisfied with either the product they have purchased, or the standard of service received, we do appreciate knowing where we need to make improvements.

The full Terms and Conditions can be found on page 1799 of our catalogue under Important Bits.

In the meantime, may I once again apologise for any disappointment or inconvenience you have been caused.

Please be assured that we do value your custom, and once more thank you for bringing this matter to our attention, as it is only through contact with our customers that we learn of problems such as this and can take action to improve our service.

My Response:
With reference to my original email enquiry,

I would like you to confirm your position and justify your company's attitude towards my contractual rights.


(2)
Thank you for your e-mail regarding the return of the above item.

I am sorry to read about the mini fridge going faulty. As you have had this item longer than 30 days we will not offer a refund on the item. Our policy states if it goes faulty out of 30 days we will either repair or replace the item. This policy can be found on page 1796.

Please accept my apologies for any inconvenience and disappointment caused.

My Response:
Thank you for your e-mail.

I am still dissatisfied, in that I was told by someone in authority in the store that this isn't normal practice, and made it sound as though she was doing me a favour by accepting it back.

Can you, for the avoidance of doubt, confirm your position with regard to using the item 'outside the house', as per my original request?


(3)
Thank you for your e-mail regarding using an item outside of the home.

As my colleague said on page 1799 of our current catalogue under the section Important Bits it states:

"Our products have been selected for domestic use only, so if you're planning to use them for business purposes please make sure you are covered by the appropriate insurance. Where you decide to use the products in the course of a business, we exclude (to fullest extent permitted by law) those warranties and conditions relating to fitness for a particular purpose. Our maximum liability to business users arising out of or in connection with the products shall be limited to the replacement value of the product in question (except in the case of death or personal injury caused by our negligence or in respect of fraud). In relation to business users, we do not accept liability for the fitness of goods for business purposes, nor do we accept any liability for loss of use of the item nor any loss over and above the cost of the item in the event of a claim for breach of warranty or condition."

The reason the item needs to be covered by insurance is, it should be tested by a qualified electrician to be used in a business surrounding and clearly labelled with a "passed" sticker and the date it was passed.

My Response:

With respect, you have failed to understand my position.

I would like you to clarify your position on domestic items being used away from the home. Referring me to that particular page in the catalogue is irrelevant - the item wasn't being used 'for business purposes'. Can you not see the distinction I am making? The item was being used 'on premises' ... but technically a rented flat can be 'business premises' since a landlord is making money from it.

I trust that you will now revert to me with a more sensible response.

---
Yes, I know that it sounds a little bit OTT, but I'm frustrated at getting such canned responses, and them completely ignoring my enquiry.

I worked in customer services for a very, very large insurance company for over five years, and know how tough it is to give someone a direct answer when there are so many bureaucratic constraints, but my gosh!

sulkisu

Perhaps I missed something. I thought you said they had offered a replacement and that you had accepted it. Have I got this wrong?