Quick questions on Consumer Rights

unholyangel

MINMOUSE wrote: »

Any advise- bought oven Hotpoint hae60 from Argos. Ordered online received 28.1.2013. Double oven but top oven fills house with thick black smoke whenever used. Have cleaned even though brand new. Called argos initially advised would get new oven now they are saying that I only had 21 days to get replacement oven and now will just have to get repair. Is this correct?

You have a reasonable time to inspect the goods to see whether they conform to contract. Reasonable time is a question of fact - meaning it can really only be decided by a judge taking into account the goods, their purpose etc.

If you are within this reasonable time, you can insist on a refund. If you are outwith a reasonable time, you can request a repair, replacement or refund (which can be partial to take into account use you have had of the goods) but you cannot force the retailer to provide a remedy that is either impossible or disproportionately costly in comparison to others.

Depending on whether you had to wait to get it connected (gas cooker for example) or other circumstances....you may still be within a reasonable time. Usually we say within 4 weeks, you can still get a refund. However generally if its an item you use everyday.....that reasonable time may be shortened to reflect that you'd be more likely to spot a fault within a shorter period.

I know you said replace, but as above, cant force a remedy that is disproportionately costly and refund then re-buying would have the same effect more or less - if they agreed to sell it again (unlikely they wouldnt but theres always a chance).

Zandoni

If you bring it back to us within 30 days with your proof of purchase, we'll give you a
replacement or a refund.If you've had the product for up to 1 year, we'll repair the product or, if that's not possible, give you a replacement or, if that's not possible, a refund.
Please note that all large kitchen appliances are excluded from our normal 30 day guarantee, but if your item develops a fault within 30 days, call us on 0845 640 0800 and one of our advisors will assist you with your problem. If faulty and if it cannot be repaired we will arrange a replacement free of charge or you can opt for a refund.
http://www.argos.co.uk/static/StaticDisplay/includeName/ReturnsAndRefunds.htm

MINMOUSE

Zandoni wrote: »

If you bring it back to us within 30 days with your proof of purchase, we'll give you a
replacement or a refund.If you've had the product for up to 1 year, we'll repair the product or, if that's not possible, give you a replacement or, if that's not possible, a refund.
Please note that all large kitchen appliances are excluded from our normal 30 day guarantee, but if your item develops a fault within 30 days, call us on 0845 640 0800 and one of our advisors will assist you with your problem. If faulty and if it cannot be repaired we will arrange a replacement free of charge or you can opt for a refund.
http://www.argos.co.uk/static/StaticDisplay/includeName/ReturnsAndRefunds.htm

The person I spoke to at Argos on Thursday called me to say I WAS getting a replacement, then Hotpoint called to say repair, I then called argos back who said no you are getting a replacement. Hotpoint then cancelled the repair appt. Then later in the day Argos then called to say I was a few days over the 21 days I was allowed for replacement, That is why I am unhappy. I was told I was getting a replacement by Argos and also given the name of the Hotpoint contact. Then later in the day this was altered. I now need a new freezer which will NOT be bought through Argos.

wealdroam

MINMOUSE wrote: »

The person I spoke to at Argos on Thursday called me to say I WAS getting a replacement, then Hotpoint called to say repair, I then called argos back who said no you are getting a replacement. Hotpoint then cancelled the repair appt. Then later in the day Argos then called to say I was a few days over the 21 days I was allowed for replacement, That is why I am unhappy. I was told I was getting a replacement by Argos and also given the name of the Hotpoint contact. Then later in the day this was altered. I now need a new freezer which will NOT be bought through Argos.

You now need to forcefully point out to Argos that their T&Cs, as quoted by Zandoni, allow you up to 30 days, not the 21 that they are going on about.

You have a few more days before the thirty is up.

unholyangel

wealdroam wrote: »

You now need to forcefully point out to Argos that their T&Cs, as quoted by Zandoni, allow you up to 30 days, not the 21 that they are going on about.

You have a few more days before the thirty is up.

I take it you missed the bit at the bottom that said all large kitchen appliances are excluded from their 30 day guarantee?

wealdroam

unholyangel wrote: »

I take it you missed the bit at the bottom that said all large kitchen appliances are excluded from their 30 day guarantee?

No, I didn't.
I read the rest of that paragraph too.

I do concede that I had mis-read it.

It says...

If faulty and if it cannot be repaired we will arrange a replacement free of charge or you can opt for a refund.

It seems that the only difference for large kitchen appliances is that they wish attempt a repair first.

So in all probability, the answer Minmouse's question is...
Yes they are right.

Although one could try rejecting the goods under SOGA.

derrick

MINMOUSE wrote: »

Any advise- bought oven Hotpoint hae60 from Argos. Ordered online received 28.1.2013. Double oven but top oven fills house with thick black smoke whenever used. Have cleaned even though brand new. Called argos initially advised would get new oven now they are saying that I only had 21 days to get replacement oven and now will just have to get repair. Is this correct?

wealdroam wrote: »

You now need to forcefully point out to Argos that their T&Cs, as quoted by Zandoni, allow you up to 30 days, not the 21 that they are going on about.

You have a few more days before the thirty is up.

unholyangel wrote: »

I take it you missed the bit at the bottom that said all large kitchen appliances are excluded from their 30 day guarantee?

Possibly not:-

Zandoni wrote: »

If you bring it back to us within 30 days with your proof of purchase, we'll give you a
replacement or a refund.If you've had the product for up to 1 year, we'll repair the product or, if that's not possible, give you a replacement or, if that's not possible, a refund.
Please note that all large kitchen appliances are excluded from our normal 30 day guarantee, but if your item develops a fault within 30 days, call us on 0845 640 0800 and one of our advisors will assist you with your problem. If faulty and if it cannot be repaired we will arrange a replacement free of charge or you can opt for a refund.
http://www.argos.co.uk/static/StaticDisplay/includeName/ReturnsAndRefunds.htm

Sounds faulty to me.


.

krisskross

i bought a Nexus7from Argos in November.

Went on holiday for a week or so and left it at home. i am having huge difficulty in charging it, been on mains charging for 36 hours and still only at 18%!

Looking at various forums it appears that letting the battery run down can be a big problem.

Is it likely that Argos would refund or allow me to exchange this Nexus for something that doesn't need to be plugged in for days?

Valli

krisskross wrote: »

i bought a Nexus7from Argos in November.

Went on holiday for a week or so and left it at home. i am having huge difficulty in charging it, been on mains charging for 36 hours and still only at 18%!

Looking at various forums it appears that letting the battery run down can be a big problem.

Is it likely that Argos would refund or allow me to exchange this Nexus for something that doesn't need to be plugged in for days?

Worth a try, as it's not very old. I would take it back.

raw1

Does the sale of goods act cover bespoke or custom made products?
I have a problem with a computer which was built to my specification from the companies list and has developed a fault
The manufacturer is saying that the Sale of Goods act does not cover it
Help please