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new camera has broken security seal

We purchased a new camera today which was placed straight into a carrier bag by the salesperson in store. Upon getting home it turns out the security seal on the box is broken. I looked inside to find finger marks all over the screen of the camera, no battery (though it may be in the camera) which is usually in plastic separately and the plastic packet the cd and instruction manual comes in had been opened and re-sealed. What are my rights on this item which is 'exempt from their 30 day guarantee'? Thanks

Comments

  • whitelabel
    whitelabel Posts: 2,217 Forumite
    argos ?

    take it back and either tell them straight away of the problem and be prepared for a possible night mare struggle


    or

    tell them it is faulty and keeps cutting out or something and youd like a replacement.....

    not advocating the above, but their not unknown to resell returned items as new and it s a pain to prove it...

    lesson: always check the items before leaving the store...
  • tmt_3
    tmt_3 Posts: 2 Newbie
    Its a bit worrying that you guessed the store! Gonna try returning it in the am but not very hopeful. Can see myself feigning a fault at another store if they don't exchange it. We were in a hurry and never even thought to check the box. Bit suspicious now that the salesperson shoved it in the bag so quick too. Def will check in future. I don't know what I can say though except that being opened I can't take it as new and want replacement, sale of goods act or something they have to sell it as used if its open...

    Thanks for reply.
  • Zandoni
    Zandoni Posts: 3,465 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    I'd just take it back and tell them the truth, keeping it polite tell them how annoyed you are that you have been given second hand goods.

    Any problems make sure you speak to the store manager.
  • paddyrg
    paddyrg Posts: 13,543 Forumite
    It may still be new, but ex-demo technically. But then again it may be a customer return given to you by mistake! Ask nicely to speak with the manger, who will almost certainly refund you and take the camera from you.
  • Zandoni
    Zandoni Posts: 3,465 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    paddyrg wrote: »
    It may still be new, but ex-demo technically.

    That's still secondhand as far as I'm concerned :)
  • texranger
    texranger Posts: 1,845 Forumite
    paddyrg wrote: »
    It may still be new, but ex-demo technically. But then again it may be a customer return given to you by mistake! Ask nicely to speak with the manger, who will almost certainly refund you and take the camera from you.

    if its ex demo/store display then you should be told this as if store display then it may have been on display weeks gathering dust etc. which can scratch the surface, not to mention how many people have handled this.

    i would take it back and ask for a replacement and then make sure the seal is unbroken.
  • Esqui
    Esqui Posts: 3,414 Forumite
    Given that it's Argos, it's entirely possible someone could have asked to see the camera and had one opened up for them to hold and look at for a minute or so. Let's not assume the worst!
    Squirrel!
    If I tell you who I work for, I'm not allowed to help you. If I don't say, then I can help you with questions and fixing products. Regardless, there's still no secret EU law.
    Now 20% cooler
  • PZH
    PZH Posts: 1,599 Forumite
    Part of the Furniture Combo Breaker
    So why take the battery?

    Anyways - Argos 30 days returns policy relates to items that the buyer simply does not want. So the exempt status is irrelevant.

    Argos should replace the unit for a new one if the OP is polite and simply explains the situation.
    “That old law about 'an eye for an eye' leaves everybody blind. The time is always right to do the right thing.”
  • arcon5
    arcon5 Posts: 14,099 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Op hasn't checked the camera yet for the battery, may well be there.
  • Zandoni
    Zandoni Posts: 3,465 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    arcon5 wrote: »
    Op hasn't checked the camera yet for the battery, may well be there.

    Still used goods passed off as new, I wouldn't accept it.
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