Broken ps3 from argos over a year old

Nick_b_2

i bought a playstation 3 from argos in april 2011. and today it has just stopped working. cant get anything out of it, i dont know what is wrong, wont even turn on.

now i thought that was it i was going to have to splash out on a brand new one. but after looking around on the internet i came across the eu consumer rights. it says that instead of the standard 1 year warranty i thought i had, there is actually a 2 year warranty included on all items bought within the eu.

is this correct, could i take it back to the shop i bought it in and quote the section that says 2 years and they could replace, repair or refund it?

thanks for any replies

unholyangel

In England you have up to 6 years (5 in scotland) although it doesnt mean all items should last this long. Obviously you wouldnt expect a £20 microwave to be as good/last as long as a £200 one.

However, after the first 6 months, the burden of proof switches and it is up to the consumer to prove that the fault is inherent and not the result of natural wear n tear/misuse. This is usually done via independent report but its always worth approaching the retailer first to see if they will require it or if they're willing to take a look at it themselves.

Every so often someone comes asking about the "secret EU 2 year rule" but there is no such thing (or at least....it doesnt mean what most people interpret it to mean). Its not a warranty in the sense of the word that we're accustomed to. It is essentially referring to the period you can claim against the retailer. Also, directives are not binding on state citizens.

Jinks

Unholyangel is correct, and also, in addition to the above, you have to prove that the fault existed within the first six months of your ownership. For example, if something went wrong in the first six months of your ownership, and the manufacturer fixed it, and then two years later it went wrong again, you would probably be able to claim using this law because the fault already existed within the original warranty period and that suggests the manufacturer is responsible for the problem.

Of course this is only applicable in a minority of the cases in which something has stopped working. The two year/six year warranty is not actually a warranty at all, but only an extension of the time period during which you are able to make a claim regarding something which was present in the standard warranty period.

System

Almost 2 years old. They may just give you a partial refund.

They can deduct some of the price for the amount of time you've had it.

Nick_b_2

thanks for the replies.

whilst i cant prove that this fault existed in my console since the beginning i can prove that this is a common fault within the ps3 and there are alot of examples if you type it into google (or any other search engine!). its the second console that ive owned that has done this.

to be honest a partial refund would be better than nothing.

im going to go to the store i bought it from on saturday and just see what they say, if i have no luck i will ring head office and enquire

Handsome90

Nick_b wrote: »

thanks for the replies.

whilst i cant prove that this fault existed in my console since the beginning i can prove that this is a common fault within the ps3 and there are alot of examples if you type it into google (or any other search engine!). its the second console that ive owned that has done this.

to be honest a partial refund would be better than nothing.

im going to go to the store i bought it from on saturday and just see what they say, if i have no luck i will ring head office and enquire

Well what you could do is get a independent report. If the report is in your favour (i.e. it states that the fault was inherent), then certainly you can send it off to the retailer for repair, replacement or refund (can be partial as you have already used it).

Techhead_2

Nick_b wrote: »

thanks for the replies.

whilst i cant prove that this fault existed in my console since the beginning i can prove that this is a common fault within the ps3 and there are alot of examples if you type it into google (or any other search engine!). its the second console that ive owned that has done this.

to be honest a partial refund would be better than nothing.

im going to go to the store i bought it from on saturday and just see what they say, if i have no luck i will ring head office and enquire

Things you find on Google is not sufficient for this purpose. Anecdotes are not evidence.

You really need to follow the advice you have been given in this thread.

SuperHan

Jinks wrote: »

Unholyangel is correct, and also, in addition to the above, you have to prove that the fault existed within the first six months of your ownership. For example, if something went wrong in the first six months of your ownership, and the manufacturer fixed it, and then two years later it went wrong again, you would probably be able to claim using this law because the fault already existed within the original warranty period and that suggests the manufacturer is responsible for the problem.

Sort of true. You have to prove the console is inherently faulty, not that the fault incurred within the first 6 months. For example, if a connection is not soldered to the mother board properly, there may be no apparent fault for the first 12 months, but over time the connection finally comes loose and the item breaks, this is an inherent fault. So although the fault in its present state (loose connection) wasn't there in the first 6 months, it was inevitably going to happen at some point, hence inherent. An independent engineer will be capable of making this judgement. If you pay for the report and it does find an inherent fault, you can claim the related costs from the retailer

Equaliser123

SuperHan wrote: »

Sort of true. You have to prove the console is inherently faulty, not that the fault incurred within the first 6 months. For example, if a connection is not soldered to the mother board properly, there may be no apparent fault for the first 12 months, but over time the connection finally comes loose and the item breaks, this is an inherent fault. So although the fault in its present state (loose connection) wasn't there in the first 6 months, it was inevitably going to happen at some point, hence inherent. An independent engineer will be capable of making this judgement. If you pay for the report and it does find an inherent fault, you can claim the related costs from the retailer

I'm afraid that's only 'sort of' true as well. The 6 month period relates to the burden of proof. Within the first 6 months following purchase, it is for the retailer to prove that the item was not faulty (within the meaning of the Sale of Goods Act). After that, it is for the consumer to prove.

This business of an independent engineer is also a red herring. It is NOT necessary unless there is a dispute as to the fault. People shouldn't rush out to instruct engineers before this point is disputed.