Brand new laptop unusable. Rights for refund please from Argos

BaileysOriginal

I purchased a new laptop from Argos yesterday. Last night it was impossible to set up for the first time, as when you try to type anything, ie, a username and password, there is a fault with the keyboard. It's as if one of the letters is permanently stuck down as all it does it type a load of letter 'g's in a row. The laptop is therefore unusable.

I want to return it to Argos this morning but I'm worried because when I bought it I was told very specifically that it was not included in the 30 day return policy. I don't want to be fobbed off with them, or me, having to send it off to Acer for repair. I haven't even used it yet! So, it's not fit for purpose, and I don't want to have to sort it out. I just want a lap top that works. What are my statutory rights please?

The seals on the box are broken because I had to open it to discover the faulty laptop. Does this mean I can't return it? ( And it was over £400 so not cheap)

My first post, and it feels good to have somewhere to go for advice. A friend in need and all that. Thanks.

halibut2209

Althought it's not eligible for their returns policy, that doesn't affect your rights under SOGA

Hopefully they will just replace it for you. Although they may be entitled to insist on a repair. I'm not entirely sure what the rules are if the product is broken straight from the box.

smcaul

You can reject, and get a refund or replacement, you do not have to accept a repair as it can be deemed that you have not accepted the goods due to the short time frame that you have had them.

neilmcl

As above, just reject it outright for a refund or replacement.

mancitychick

Also the choice of whether you get a replacement or a full refund is yours to make not the stores.

BaileysOriginal

This is brilliant. It's me the assertive boost I needed to be confident about the return.
Thanks all.

shaun_from_Africa

Argos do get an occasional mention on here for sometimes refusing refunds in cases such as this, so it;s sometimes better to go armed with the relevant legislation to quote to them.

F248AIntroductory

 (1)This section applies if—

(a)the buyer deals as consumer or, in Scotland, there is a consumer contract in which the buyer is a consumer, and

(b)the goods do not conform to the contract of sale at the time of delivery.

(2)If this section applies, the buyer has the right—

(a)under and in accordance with section 48B below, to require the seller to repair or replace the goods, or

(b)under and in accordance with section 48C below—

(i)to require the seller to reduce the purchase price of the goods to the buyer by an appropriate amount, or

(ii)to rescind the contract with regard to the goods in question.

CoolHotCold

Like everyone whos said so in the thread, Argos's T&C do not affect your statutory rights, so while they may not include laptops in their 30 day money back no quibble guarantee, they are under a obligation under your statutory rights to allow you to take home any item and if found to be faulty within a reasonable time frame the consumer may return the item to the retailer for a refund/repair/replacement/exchange (up to the consumer, the law does also state the retailer can refuse if the costs are disproportionate(like taking back a £400 laptop and demanding a replacement and they only have £800 laptops available)

Esqui

As above - the 30-day policy only refers to changes of mind. Though it seems a lot of people get confused by it, I have seen a lot of people have similar questions. Maybe a bit of clarification needed from Argos staff at the till point?

isplumm

Esqui wrote: »

As above - the 30-day policy only refers to changes of mind. Though it seems a lot of people get confused by it, I have seen a lot of people have similar questions. Maybe a bit of clarification needed from Argos staff at the till point?

Hi,

I would rather the till staff managed to understand their 30-day policy.

I bought a cheap freesat box from them recently - asked whether I could return if not suitable - of course no probs .... yet when get receipt ... not part of 30 day return policy .....

Mark

BaileysOriginal

Update.

Returned product. Got a refund, and collected same item from a different store as they didn't have another in stock for an exchange. The chap was very friendly. Perhaps it was the way I 'assertively' said I required a refund or replacement. I'm just setting it up now and even the mouse pad is working more smoothly, so there was definately something wrong with it.

Thanks everyone for the advice.:) It was good to go prepared.