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Having trouble returning a faulty iPod to Argos

Was wondering if anyone could help me?

Bought an iPod Touch from Argos just this morning. Got it out the box and there's a great big crack down the front screen!

Obviously I took it straight back to Argos and they're refusing to accept it back - they're accusing me of breaking it myself and trying to take it back!

Does anyone have any advice on what I should do?
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Comments

  • When i got mine last christmas, it worked and then a couple weeks later it started playing up. I took it back and the cashier didnt even take it out the box and look at it, just exchanged it for another one with no problems. Depends on the person you get i think? why dont u try taking it back to another argos?
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  • Zandoni
    Zandoni Posts: 3,465 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    Take it back again and talk to the manager, be firm but polite.
  • lynxptc
    lynxptc Posts: 280 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    I took it back to a different store who then phoned the original store and they told them not to accept the return. They just think that I broke it myself

    I really don't know what to do?
  • kriss1977
    kriss1977 Posts: 236 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    Zandoni wrote: »
    Take it back again and talk to the manager, be firm but polite.

    I agree as a first step (I returned a hairdryer to Didcot Argos for the same type of reason - dint in air vent - and the sales assistant examined it, agreed it wasn't how it should be and replaced it no questions) and I'm assuming as you bought it this morning, you took the receipt with you too. Ensure you quote your rights under Consumer Regulations - print out Martin's mini guide or write down the relevant bits and take with you.

    However if the manager won't refund it, ask for the name of their Regional Manager and an address to write to him at as well as making sure you take note of the names of the salesman you last spoke to and the store manager. At this point, I would guess the store manager will have a change of heart and decide to exchange after all.

    However if not, go home and write to their Regional Manager and do a little research online to get details so you can copy in their general customer service department and the MD of Argos itself. You will probably only get a reply from the customer service team but it will be in your favour or I'll eat my hat! (well, actually I won't cos my head will get cold but you get the point...)
  • lynxptc
    lynxptc Posts: 280 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    I've just this minute got off the phone with customer services who have taken all the details and given me a reference number

    They've told me to take it back to the original store with the reference who will then send it off and contact me within a week with a replacement

    Are they allowed to send it off and keep me waiting or am I entitled to an immediate exchange as it was only this morning I bought it?

    I'm so annoyed the way Argos have dealt with this - I was just expecting to be able to take it back and have it exchanged there and then
  • Oh come on OP see it from Argos' pov.

    Someone has bought an item and is returning with a large crack down the screen.

    Now whilst I'm not calling you a liar, can you at least understand why Argos might at least think you are trying to pull a fast one?

    They've offered at least a solution to the problem
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  • esuhl
    esuhl Posts: 9,409 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Under the Sale of Goods Act, if an item develops a fault within the first six months, the onus is on the retailer to prove that the item wasn't inherently faulty at the time of sale.

    The retailer is entitled to examine the item (or send it away for independent examination) to determine whether the fault is inherent. If they cannot prove that you damaged/abused the item they must repair/replace it.

    So, you shouldn't have been fobbed off the first time you went back - the staff hadn't been trained properly or were just trying it on.

    However, I think the promise to issue a replacement within a week is better that the SoGA allows - I believe they could have taken a "reasonable amount" of time to examine the item and goodness knows how long that is!
  • zenmaster
    zenmaster Posts: 3,151 Forumite
    Oh come on! A cracked screen is unlikely to be an inherent fault.
  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    edited 24 January 2011 at 1:30AM
    zenmaster wrote: »
    Oh come on! A cracked screen is unlikely to be an inherent fault.
    Yes, I agree it is unlikely. But that is not important.

    In the first six months Soga assumes the fault is inherent.

    In other words, in that time frame, it is for the seller to prove that the fault is not inherent.

    Proving the fault is not inherent may be difficult for the seller.
  • gordikin
    gordikin Posts: 4,422 Forumite
    ...and it may be easy if their techy guys say it's user damage?
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