Argos: exempt from 30 day money back guarantee

dayzee_2

Hi

Where do I stand.

I bought some very expensive headphones from Argos as they were the cheapest place to get them. After 2 days, the left ear has no sound.

I took these back to Argos with receipt and was offered a replacement. I said no, as I did not want a replacement for an expensive item that broke after 2 days of normal use. They then offered me a gift card. What I want a refund back to my card so I can look at another brand.

I am told by argos that these headphones are exempt from 30 day money back guarantee and therefore can only get store credit/gift card or a replacement.

Where do I stand? My choices are get replacement headphones and pray they don't break (reviews are saying good luck with that!!) or accept a gift card for a place I never shop at.

I thought statutory rights meant I could get a refund? We are talking about £120 here, so not something I want to swallow.

Am I being unreasonable? I just want a refund so I can look at another brand since the first choice broke after 2 days use.

InsideInsurance

Given you've used them for a couple of days then it is probable that you have considered to have accepted the items. As such the sales of goods act gives the retailer the choice as to if they repair, replace or refund.

You can express a preference for a refund but cannot force it, its the retailers choice

earthstorm

but they have offered a replacement or a gift card (refund).

wealdroam

Since you want a different product, why not take a gift card?

Argos sell six different headphones within ten pounds of your price.

whitegoods_engineer

If the goods are faulty then you have a perfect right to a full refund, not just a gift card or credit note. It's the law!

wealdroam

whitegoods_engineer wrote: »

If the goods are faulty then you have a perfect right to a full refund, not just a gift card or credit note. It's the law!

Actually the law says you can get a remedy, which could be either a replacement, repair or refund.

The consumer can indeed choose the remedy, but cannot force the seller to provide a remedy that is disproportionate.

Put simply, the seller can provide the cheapest remedy.

In this case, Argos has decided that providing a replacement is the most cost effective remedy.
But out of goodwill they are prepared to offer a gift card.

I cannot see that Argos have done anything wrong.

It's all in Part 5A of the Sale of Goods Act.

InsideInsurance

whitegoods_engineer wrote: »

If the goods are faulty then you have a perfect right to a full refund, not just a gift card or credit note. It's the law!

Name that law.

Retailer can offer repair, refund or replacement. They have offered a replacement and are giving the OP an alternative option of a gift card if they dont want the offer under the SOGA

bris

The only fight would be having them for just 2 days, it's subjective if this is long enough or not for acceptance purposes.

Personally I think it's not really enough time to try them out properly so if you can speak to a manager and put this point to them they might agree if they think you know what your talking about.

molerat

Another vote for 2 days not being long enough to have accepted the goods.

frugal_mike

There are a few other things that confer acceptance too. Doing anything inconsistent with the sellers ownership (whatever that means) and telling the seller that you accept them cause acceptance to occur too.

I would agree that 2 days is probably within a reasonable period of time though.