Argos Bed Return

PM

I purchased a bed last August which was delivered on 31st Aug 2012. The bed has broken and I phoned Argos who have agreed to change it for same or different model. I am wanting to just get a completely different product or just get a refund and get the bed from else where.

Argos said I cant get a refund, but as its has only been 5 and half months am I not entitled to refund yet?

London50

As per the T & C's from Argos


If there's a fault with the product...



We've made it easier!

• If you bring it back to us within 30 days with your proof of purchase, we'll give you a
  replacement or a refund.
• If you've had the product for up to 1 year, we'll repair the product or, if that's not possible, give you a replacement or, if that's not possible, a refund.

Therfore as it has been over 30 days they only need to replace or repair the item you bought not refund your money or sell you another item different from the one you purchased

unholyangel

London50 wrote: »

As per the T & C's from Argos

Therfore as it has been over 30 days they only need to replace or repair the item you bought not refund your money or sell you another item different from the one you purchased

While its not a big deal as acceptance will have probably most definitely occurred, their T&C's are for their company policy, not actual consumer rights. Their T&Cs are in addition to your consumer rights and cannot overrule them Law says you have a reasonable time to inspect the goods to see whether they conform to contract. What is a reasonable time depends on the the circumstances and goods in question.

OP, once acceptance has occurred, you can request one remedy over another (repair, relace, refund - which can be partial to take into account use you have had of the item) but the retailer can refuse if it is disproportionately costly.

However the repair/replacement should not be of significant inconvenience to the consumer.

bod1467

In this case their policy is at least equal to, if not better, than SOGA rights. After 5 1/2 months acceptance certainly has happened, and Argos' offer to replace with the same or equivalent model is entirely in line with your consumer rights.

PM

Thanks for the advice I shall look up another bed and order that, just thought would check if possible return it complete.

Thanks again.

unholyangel

bod1467 wrote: »

In this case their policy is at least equal to, if not better, than SOGA rights. After 5 1/2 months acceptance certainly has happened, and Argos' offer to replace with the same or equivalent model is entirely in line with your consumer rights.

Well that would depend. The reason I said acceptance has probably most definitely occurred is because there are very few circumstances where 5 and a half months would be considered "reasonable time" for a bed. For example, perhaps they thought the bed in a sale but were buying it for a new build which wasnt ready until recently. Or perhaps for a spare room.

While in some cases going by T&C's is better (less hassle perhaps) or essential (for a contractual dispute), I think its important that we dont place too much emphasis on T&C's - especially since most sets of T&C's will contradict actual consumer rights in all/certain circumstances.

I think I must have said it a dozen times already, we're so used to telling people to check the T&C's, no one ever seems to question the actual validity of the T&C's themselves and assume they are legally enforceable/binding just because its in the T&C's.

bod1467

I'm not disputing any of that. I'm addressing this on the basis of this specific thread, not in general.

From the way the OP has written the post, the bed has been used thus acceptance has happened. And in this case Argos are correct, and also their T&Cs equate to or enhance on SOGA rights.


Peace and love ... /Ringo