Argos Refusing Refund/Replacement

TKA25

Brand new laptop brought from Argos for £500 approximately 4 days ago as I'm due to travel abroad soon to visit relatives for 6 weeks and wanted to take a laptop with me.

Just 48 hours after purchase, it becomes apparent the laptop has a serious fault that prevents it being used for over an hour, as it is overheating. The laptop has not been dropped/neglected/accidently damaged, nor are there any signs that would indicate this.

I return the item to the store within 7 days of purchase, with all accessories, in its box and with the receipt. I explain the fault to the store manager and ask for a either a refund or replacement, so that I have a working laptop to take with me.

The manager states I must go via the manufacturers helpline which is an 0870 number. I explain it is brand new, less than 7 days old, and that due to a fault, I am returning it under the SOGA for a refund or replacement to the seller 'Argos' with whom I entered into the contract, not the manufacturer.

Manager states that the manufacturers are the expects when it comes to their own products, and that Argos are entitled to employ their services in order to test an item for inherent faults prior to issuing a refund or replacement. She states that they could arrange collection of the laptop within 2 days, it would then take 14 days to assess for faults, and would then be returned via courier, which would take another 2 days.

I explained it was needed for a foreign trip that I depart on imminently (as I did at the time of purchase) but this would not change her mind.

Head office say the manager is in the right.

I can not afford to buy another laptop and I do not want to take an over heating laptop abroad. Without the laptop, I will be unable to complete a large amount of work that I intended to take with me.

What are my rights? I do not believe it is of satisfactory quality, it is not suitable for the purpose in which it was brought and it does not match its description. Reversed burden of proof for the consumer means I do not have to prove the item is inherently faulty if I am requesting a replacement.

I believe they should issue a refund or replacement immediately (unless they spot evidence of neglect/accidental damage in-store) and take a contact name and address. If the manufacturer then decides it was not faulty and in fact mis-treated, Argos can pursue the buyer through civil means.

Insisting the customers goes without the product or their cash for 18 working days whilst it is 'assessed' doesn't seem to fit in with reversed burden of proof.

Any thoughts?

xxJudexx

Can you try taking it to a different Argos?

TKA25

xxJudexx wrote: »

Can you try taking it to a different Argos?

I've tried 2 stores, but both gave a virtually identical reply.

stugib

TKA25 wrote: »

Insisting the customers goes without the product or their cash for 18 working days whilst it is 'assessed' doesn't seem to fit in with reversed burden of proof.

Any thoughts?

Not great customer service but is in line with the law IMHO. You'd be entitled to a refund given the amount of time, they're entitled to check whether it has been misused before they do.

You're misinterpreting reverse burden of proof as 'must prove it there and then on the spot'

arcon5

Yes, in line with SOGA.

Are Laptops excluded from Argos usual returns policy? If not then do that

bod1467

http://www.argos.co.uk/static/StaticDisplay/includeName/ReturnsAndRefunds.htm

If I change my mind...

Within 30 days

Most things we sell are covered by our 30-day money-back guarantee, so just return them to us unused, in their original undamaged packaging, in a saleable condition, with your receipt and we’ll give you a refund.
If you don't have your receipt, as long as you have a proof of purchase we'll exchange the item or give you a refund with vouchers.
If you'd like to return something we've delivered, just call us on 08456 400 800 and unless otherwise stated on the delivery note we'll collect it for free. Your order number will count as your receipt.
We're sorry but some items like earrings, foot spas and dental products can't be exchanged or refunded for hygiene and safety reasons, unless they're faulty.
To protect your personal security, we are also unable to accept returns on some non-faulty imaging and recording products such as MP3 players and digital cameras.
Please note all video games consoles are excluded from the Argos 30 day money back guarantee. Please ensure you read the specification on the box before installation. We also cannot accept back video gaming software under our 30 day money back guarantee if the plastic wrapping has been unsealed – this does not affect your statutory rights.
If a product is excluded from our 30-day money-back guarantee, it is clearly marked by a † next to the product name in the catalogue and on this website.
If your product(s) have qualified for a free Argos voucher/Argos giftcard and you return them under our 30-day-money-back-guarantee, the free Argos voucher/Argos gift card must be returned. If the qualifying products aren’t returned than the Argos voucher/Argos Giftcard amount will be deducted from the money refunded.
Our 30-day money-back guarantee does not affect your statutory rights.

Doesn't specifically exclude laptops, unless OP can confirm if the † symbol was next to the product listing.

stugib

bod1467 wrote: »

Doesn't specifically exclude laptops, unless OP can confirm if the † symbol was next to the product listing.

All laptops are excluded - anything with writeable storage (MP3 players, memory sticks etc) usually are

Fosterdog

That policy is only for changes of mind. Just below that it says if a product is faulty take it back within 30 days and they'll give a replacement or a refund.

After 30 days they will repair it.

As this laptop was bought just four days ago then it is covered by that policy. The only exclusions from the 30 day policy are large kitchen appliances.

Hintza

Fosterdog wrote: »

That policy is only for changes of mind. Just below that it says if a product is faulty take it back within 30 days and they'll give a replacement or a refund.

After 30 days they will repair it.

As this laptop was bought just four days ago then it is covered by that policy. The only exclusions from the 30 day policy are large kitchen appliances.

So according to that the OP is due a refund or replacement.

OP copy their T&Cs and take that along with you.

JethroUK

Hintza wrote: »

So according to that the OP is due a refund or replacement.

OP copy their T&Cs and take that along with you.

but it seems that Argos are disputing it is 'faulty' - hence the sending it away for 'assessment'

I think the OP only realistic option is to buy another (on credit if ness) - and apply for a refund after the assessment

but i agree - it stinks & maybe worth pursuing compensation

CKhalvashi

I read it as they've breached their own t's and c's.

CK