Faulty Goods

mummyyummy_2

i bought a mobile from argos last week for OH xmas pressie, which apparantely is exempt from their "16 day money back guarantee". I still have receipt. Anyway, the phone is terrible- no signal, says its switched off when its not etc, its on same network as we've always used and never had any problems so we know its not that. What should i do? I dont really want a replacement coz apart from the fact that its not working properly ( they will c that when they try to use it) the phone itself is pretty poor. Do you think i would be entitled to my money back? or at least a credit note? i dont want another one of that type....what do you think i should do?

magyar

mummyyummy wrote:

i bought a mobile from argos last week for OH xmas pressie, which apparantely is exempt from their "16 day money back guarantee". I still have receipt. Anyway, the phone is terrible- no signal, says its switched off when its not etc, its on same network as we've always used and never had any problems so we know its not that. What should i do? I dont really want a replacement coz apart from the fact that its not working properly ( they will c that when they try to use it) the phone itself is pretty poor. Do you think i would be entitled to my money back? or at least a credit note? i dont want another one of that type....what do you think i should do?

Argos's 16-day money back guarantee is just a policy they have which means that if you don't like something you can take it back - and they won't quibble. This doesn't affect your right to take back something that doesn't work.

If, when you take it back, the person on the desk tries to use this 16-day exemption, make it quite clear you are returning it because it is faulty.

mummyyummy_2

but do you think id be entitled to money back or credit note? rather than just a replacement of same handset coz as i said its rubbish

magyar

mummyyummy wrote:

but do you think id be entitled to money back or credit note? rather than just a replacement of same handset coz as i said its rubbish

Well, "it's rubbish" isn't a very clear definition, either it does what it's supposed to or not.

If it doesn't work, then yes you are entitled to your money back in full.

mummyyummy_2

i said "it's rubbish" coz i had already posted earlier re the phone and its faults, ie no signal etc just didnt think folks would want to re-read everything i had already previously written...but yes its not doing as its supposed to so ill take it back 2mrw...

MajorR

its because the public arent aware of the law that the shops are allowed to try it on with customers.

the sale of goods act says:

1.Wherever goods are bought they must "conform to contract". This means they must be as described, fit for purpose and of satisfactory quality (i.e. not inherently faulty at the time of sale).

2.Aspects of quality include fitness for purpose, freedom from minor defects, appearance and finish, durability and safety.

3.It is the seller, not the manufacturer, who is responsible if goods do not conform to contract.

3.If goods do not conform to contract at the time of sale, purchasers can request their money back "within a reasonable time". (This is not defined and will depend on circumstances)

4.For up to six years after purchase (five years from discovery in Scotland) purchasers can demand damages (which a court would equate to the cost of a repair or replacement).

MajorR

http://www.dti.gov.uk/consumers/fact-sheets/page24700.html

Q1. What is an inherent fault?

A fault present at the time of purchase. Examples are:
• an error in design so that a product is manufactured incorrectly
• an error in manufacturing where a faulty component was inserted.
The "fault" may not become apparent immediately but it was there at the time of sale and so the product was not of satisfactory standard.

Q2. Do I only have rights for 30 (or some other figure) days after purchase?

No. Depending on circumstances, you might be too late to have all your money back after this time, but the trader will still be liable for any breaches of contract, such as the goods being faulty. In fact, the trader could be liable to compensate you for up to six years.

Q4. I know I can demand my money back within a "reasonable time" but how long is that?

The law does not specify a precise time as it will vary for most sales contracts as all the factors need to be taken into account to be fair to all sides. The pair of everyday shoes may only have a few days before the period expires but a pair of skis, purchased in a Summer Sale, may be allowed a longer period by a court.

magyar

mummyyummy wrote:

i said "it's rubbish" coz i had already posted earlier re the phone and its faults, ie no signal etc just didnt think folks would want to re-read everything i had already previously written...but yes its not doing as its supposed to so ill take it back 2mrw...

And did they take it back OK?

sesh

I have a toy that doesn't work which I bought from Woolies less than 28 days ago but cant find the receipt. I have printed off my online bank statement which shows the transaction and date though doesnt actually state what the item is - just the amount. I have also googled this toy for reviews (yes I wish I'd done that before) and they are all terrible and agree with the complaints i have i.e that the toy is very badly designed and impossible to play with without it falling apart.
Anyone any thoughts as to where I stand?

Any replies greatly appreciated.

FloFlo

sesh wrote:

I have a toy that doesn't work which I bought from Woolies less than 28 days ago but cant find the receipt. I have printed off my online bank statement which shows the transaction and date though doesnt actually state what the item is - just the amount. I have also googled this toy for reviews (yes I wish I'd done that before) and they are all terrible and agree with the complaints i have i.e that the toy is very badly designed and impossible to play with without it falling apart.
Anyone any thoughts as to where I stand?

Any replies greatly appreciated.

If you have the date and the amount, card number paid with Woolworths will probably be able to track it on their system. I returned something without a receipt and they found my transaction from my card number and the date.