Argos return's policy

tyler4bcfc

I bought a tv from Argos on the 28th of December 2012 in the sale, on the 15th of May the TV blew up. I took it back to my local Argos store, but as i could not find my receipt i took my bank statement as proof of purchase. They sent it off for repair, but i have now been told that it can't be fixed, as the tv was a sale item they no longer sell it and they dont have one of a similar price. Do they have to give me a full refund or do i have to accept store vouchers or pay the difference for another tv

Valli

What have they offered?

What they should do is repair, replace or refund.
Given they cannot do the first two they should refund.

How did you pay?

mo786uk

If a repair or replacement is not possible you move to a partial/full refund - usually they just refund you an amount which is the cost of the TV minus an amount for the use you have had - but there is no set way of calculating how much this should come to.

They are probably likely to offer a higher amount if you accept store voucher

That said I don't think they can insist on store vouchers if you paid cash.

unholyangel

Do your research before you haggle with them. Usually (not always but as a general rule) retailers are willing to give more in store credit than as a refund. So if there is another tv you like/argos have decent prices on.....store credit may be the better option!

But you dont have to accept the credit. You can ask for it to be refunded by payment method (ie cash if you paid cash, back on card if paid by card). But they can deduct an amount for usage you have had.

malchish

You can insist on a replacement. They can choose a similar TV, if it is more expensive than yours - their problem.
Write to the head office with this request. Tell them you will sue fro the difference, on the basis of the contract law.

George_Michael

malchish wrote: »

You can insist on a replacement. They can choose a similar TV, if it is more expensive than yours - their problem.

You can insist all you like but the Sale of goods act gives the retailer the legal right to reject this request if they consider a replacement too costly compared to a refund or repair.

http://www.legislation.gov.uk/ukpga/1979/54

F40 48B Repair or replacement of the goods.

(1)If section 48A above applies, the buyer may require the seller— .

(a)to repair the goods, or .

(b)to replace the goods

(3)The buyer must not require the seller to repair or, as the case may be, replace the goods if that remedy is— .
(a)impossible, or .
(b)disproportionate in comparison to the other of those remedies, or .
(c)disproportionate in comparison to an appropriate reduction in the purchase price under paragraph(a), or rescission under paragraph (b), of section 48C(1) below.

Valli

malchish wrote: »

You can insist on a replacement. They can choose a similar TV, if it is more expensive than yours - their problem.
Write to the head office with this request. Tell them you will sue fro the difference, on the basis of the contract law.

Why not wait until the OP comes back and tells us what's actually been offered before you go in all guns blazing?

It's the shop's prerogative to choose the remedy, if than cannot repair they can refund. This would put the OP back in the position she/he was in before the TV purchase. They may replace; they may not.

shaun_from_Africa

The meaning of contract law and a retailers obligations and rights were all explained to Malchish last year when they went through a short period of posting the same incorrect "advice" for others so don't expect too much of an acknowledgement that they are wrong again.

malchish

shaun_from_Africa wrote: »

The meaning of contract law and a retailers obligations and rights were all explained to Malchish last year when they went through a short period of posting the same incorrect "advice" for others so don't expect too much of an acknowledgement that they are wrong again.

Or, my "shadow" is still there...very prompt!
thanks, I never needed your "explanations to". You are no expert. 1000 posts a year on the internet? Wonder why.

Sales of Goods act specifically states that nothing in it prevents or affects the application of British contract law. So the law for damages still can appply. Nobody can force you to reply on SoGA. You are entitled to choose to use contract law and win damages.

My advice was correct all the way. However, of course some people will find it uncomfortable - since it would be more difficult for retailers to fob off consumers following breaches of contract.:)

Naf

Look at what they currently have in their range which has the same features that you used as the one you had. That's what I'd suggest you discuss with them as replacement, assuming the list price isn't a lot more than you paid in the first place.
Alternatively, the way I'd look at calculating a reasonable refund is to consider an expected life of the TV (say 3 years for a cheap one, 5 for something higher end maybe) and average out the cost over this period. But as has been said, there's no method actually spelled out for this.
As to your legal rights, repair/refund/replace as decide by the retailer (as has been pointed out). I think your best bet is to try and talk them into a mutually agreed exchange for an equivalent product - but don't be too greedy :-)

neilmcl

malchish wrote: »

You can insist on a replacement. They can choose a similar TV, if it is more expensive than yours - their problem.
Write to the head office with this request. Tell them you will sue fro the difference, on the basis of the contract law.

That's simply wrong. Whilst you can give your preference for a particular remedy you cannot insist on one that is disproportionately costly in relation to another.