Faulty item bought at half price. Now full price. What rights?

Scrummymummy_2

We bought a new microwave from Argos in April. It was on a half price deal of £59.99.

Yesterday, it just stopped heating anything.

My dh is taking it back today but the microwave is now showing in the catalogue as costing £119.99.

We only want a replacement, but will they say because we only paid £59.99 for it, we have to have a different model, or can we demand a like for like replacement?

UPDATE!!!!! Argos did a swap for the identical model despite it now costing more. Well done Argos!!!

somethingcorporate

They cannot make you pay the difference but they may offer you a refund of £59.99.

bryanb

I imagine they will offer a refund, repair, or credit. Can't see them giving like for like if the price has doubled.

Edit- Just noticed you bought in April, Perhaps a warranty claim is the way to go?

bod1467

Purchase in April means OP may still be within the 6 months from purchase, thus seller must prove any fault was not inherent, else they must repair/replace/refund (their choice). If they replace then it must be like-for-like (i.e. of equal or greater quality). In this case I'd expect they'll offer a refund.

Scrummymummy_2

Argos swapped it like for like as it was under 6 months old.

Thanks Argos!!

halibut2209

Excellent result! Kudos to Argos for putting the customer first

real1314

Argos have been spot on, but have actually simply complied with their legal requirements afaik.

The OP bought a microwave that was inherently faulty (as far as the law is concerned).

They could have bought a microwave that was not faulty for the same price, at the time of purchase (this would have happened if argos had supplied a non-faulty microwave).

As the OP was sold a faulty item, they could claim for "loss of bargain" as they could/should have been sold a non-faulty item; hence argos have replaced like-for-like to prevent the OP from a "loss of bargain" position.

This type of requirement is there to stop someone selling any old crap at half price, knowing 75% of stock is potentially faulty, and just giving refunds when a fault occurs. :cool:

halibut2209

Possibly, but the whole "loss of bargain" is a grey area and would prove to be a lot of hassle for the OP. Is it necessarily a "legal requirement"?

NCISROCKS

real1314 wrote: »

Argos have been spot on, but have actually simply complied with their legal requirements afaik.

The OP bought a microwave that was inherently faulty (as far as the law is concerned).

They could have bought a microwave that was not faulty for the same price, at the time of purchase (this would have happened if argos had supplied a non-faulty microwave).

As the OP was sold a faulty item, they could claim for "loss of bargain" as they could/should have been sold a non-faulty item; hence argos have replaced like-for-like to prevent the OP from a "loss of bargain" position.

This type of requirement is there to stop someone selling any old crap at half price, knowing 75% of stock is potentially faulty, and just giving refunds when a fault occurs. :cool:

Can you give a link to where this law is?

halibut2209

Now then, you and I both know that that is not what the law says, so instead of asking him to produce a law we know doesn't exist, how about we correct him. That way everybody wins

real1314 should have said

The OP bought a microwave that was inherently faulty as far as the law is concerned unless Argos can prove otherwise.

And for avoidance of doubt, this is only the case for 6 months after purchase. Then it becomes the buyer's responsibility to prove that the fault was inherent

texranger

most Argos stores will change like for like or allow you another of the same appliance of the same purchase price you paid rather than send items for repair as according to our local manager it is less hassle on the customer