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Quick questions on Consumer Rights

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  • Zandoni
    Zandoni Posts: 3,465 Forumite
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    I know I'm not out of pocket but I need to get a replacement for the faulty kettle, I can't just buy another one and have to do a paid out again. I either need a exchange or a refund so I can get another one. I bought it expecting it to be fit for purpose not to break after a fortnight. Over time I understand it would gave got used more often than one at home. My point is its broken after less than 2 weeks when it's hardly been used so can't be found to wear and tear. A kettle shouldn't pack up after that time if it's being used a couple of times a day.

    Just take it back with your credit card statement and don't mention the phone call.
  • naedanger
    naedanger Posts: 3,105 Forumite
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    I know I'm not out of pocket but I need to get a replacement for the faulty kettle.

    Sorry I cannot help with your dispute with argos.

    However I suggest that you buy the replacement from a company that supplies trade customers (and double check that their returns policy for trade customers meets your requirements).
  • wealdroam
    wealdroam Posts: 19,180 Forumite
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    I know I'm not out of pocket but I need to get a replacement for the faulty kettle, I can't just buy another one and have to do a paid out again. I either need a exchange or a refund so I can get another one. I bought it expecting it to be fit for purpose not to break after a fortnight. Over time I understand it would gave got used more often than one at home. My point is its broken after less than 2 weeks when it's hardly been used so can't be found to wear and tear. A kettle shouldn't pack up after that time if it's being used a couple of times a day.
    It really doesn't matter how many times you tell us that it should last longer.

    It really doesn't matter how many times you tell us that you need a replacement or exchange.

    It is not the seller's job to appraise a business purchaser of their rights.

    Have you now read the terms of your, your company's, agreement with Argos?

    Your best bet is to follow Zandoni's suggestion.
  • naedanger
    naedanger Posts: 3,105 Forumite
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    Zandoni wrote: »
    Just take it back with your credit card statement and don't mention the phone call.

    Hopefully this will work and seems your best chance.

    However if for any reason it doesn't another suggestion would be to write argos HO and appeal to their commercial nature.

    Explain that while you understand as a business purchase you would not expect the same levels of redress as a consumer, you are nevertheless disappointed at their level of customer service in this instance.

    While you appreciate a kettle subjected to use in a staffroom will not last as long as that in a home environment you feel two weeks usage is unacceptable and that you are disappointed they are resorting to a narrow legalistic stance.

    Ideally if you can provide evidence to show you are a good customer, or any other reason why they might wish to consider showing goodwill then tactfully point this out. (I would not resort to threats, or veiled threats, of withdrawing future custom, as the person decided on you case will probably then be less predisposed to offering any goodwill.)
  • naedanger wrote: »
    Hopefully this will work and seems your best chance.

    However if for any reason it doesn't another suggestion would be to write argos HO and appeal to their commercial nature.

    Explain that while you understand as a business purchase you would not expect the same levels of redress as a consumer, you are nevertheless disappointed at their level of customer service in this instance.

    While you appreciate a kettle subjected to use in a staffroom will not last as long as that in a home environment you feel two weeks usage is unacceptable and that you are disappointed they are resorting to a narrow legalistic stance.

    Ideally if you can provide evidence to show you are a good customer, or any other reason why they might wish to consider showing goodwill then tactfully point this out. (I would not resort to threats, or veiled threats, of withdrawing future custom, as the person decided on you case will probably then be less predisposed to offering any goodwill.)

    Thank you for your advice, everyone else who has replied to my post asking for advice has basically inferred I'm stupid for even asking such a question and that I should know all about t+C of buying something to be used in a staffroom. Until argos contacted me I didn't know there was any t+C related to this as at the end of the day I'm just a manager being told by my area manager to buy a kettle from argos for the team's staffroom. I'm not a business owner, I don't know all the ins and outs of business law when it comes to faulty goods. All I know are my rights as a consumer and thought if an item is faulty it wouldn't matter where it had been used. Hence why I posted on here in the first place, hoping for advice. What I got instead has made me feel totally stupid for even bothering to ask such a question as has deterred me from doing so again. May I suggest you think about why someone is asking for advice in the first place and not just point out they are wrong and make them feel stupid for it and unwelcome to this forum.
  • naedanger
    naedanger Posts: 3,105 Forumite
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    May I suggest you think about why someone is asking for advice in the first place and not just point out they are wrong and make them feel stupid for it and unwelcome to this forum.
    To be fair I think Zandoni's suggestion was probably the best one, and the other posters are just stating the factual position (which is useful knowing) but perhaps put rather bluntly.

    However I agree this board can be quite hostile at times, with some posters (none of the ones who replied to you) in my view just looking for reasons to blame the person asking for help. You should see some of the other threads.
  • wealdroam
    wealdroam Posts: 19,180 Forumite
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    ...everyone else who has replied to my post asking for advice has basically inferred I'm stupid for even asking such a question and that I should know all about t+C of buying something to be used in a staffroom.

    What?

    Just a little bit of exaggeration there methinks.

    There have been six responses to your original post.
    Which of those are you referring to? Surely not all four of the other responders?.
    For example, only one post mentions 'terms'.
  • hollydays
    hollydays Posts: 19,812 Forumite
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    wealdroam wrote: »
    What?

    Just a little bit of exaggeration there methinks.

    There have been six responses to your original post.
    Which of those are you referring to? Surely not all four of the other responders?.
    For example, only one post mentions 'terms'.



    Certainly very odd..;)
  • bris
    bris Posts: 10,548 Forumite
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    naedanger wrote: »
    However I agree this board can be quite hostile at times, with some posters (none of the ones who replied to you) in my view just looking for reasons to blame the person asking for help. You should see some of the other threads.
    But no one deserved that response. On the flipside however despite being told the legal position in stead of accepting that he/she posted twice more about wanting a refund/exchange even though they now know the legal position.


    Not getting the answer they want to hear means shooting the messenger in this case.
  • Zandoni
    Zandoni Posts: 3,465 Forumite
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    bris wrote: »
    But no one deserved that response. On the flipside however despite being told the legal position in stead of accepting that he/she posted twice more about wanting a refund/exchange even though they now know the legal position.


    Not getting the answer they want to hear means shooting the messenger in this case.

    The thing that a lot of people don't get on here is that the legal position is not always necessary. Most larger shops are far more reasonable and they will happily exchange faulty items without spouting the law.

    In this case the OP can just walk into any branch with some form of proof of purchase and I'm sure they will get the product exchanged without fuss. Not mentioning the business use of course.
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