No receipt gift from Argos

Mil got a sat nav from Argos for son it's a garmin one,not a Tom Tom which is the one he wanted they won't take it back as it exempt from the back guarantee we just want to change for a Tom Tom as its the one he wants.
They won't help stuck unless I say it's faulty but its not even been opened any ideas :-( if I say it's faulty will they change it or get it repaired as its not even broke :rotfl: any ideas thank you in advance x
x :wave:

Comments

  • Not certain on this but I would say that as you do not have a gift receipt then they don't have to take it back as it is not their fault that the wrong one was purchased and there is nothing wrong with the item.
  • Fosterdog
    Fosterdog Posts: 4,948 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    You have no contract with them at all so have no rights, neither does your son.
    There is no automatic right to a refund or exchange for change of mind and is based on the terms of the refund policy at the time of sale or goodwill.
  • Tbh, I've always found Garmin to be much better than Tom Tom anyway
  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    etch wrote: »
    Mil got a sat nav from Argos for son it's a garmin one,not a Tom Tom which is the one he wanted they won't take it back as it exempt from the back guarantee we just want to change for a Tom Tom as its the one he wants.
    They won't help stuck unless I say it's faulty but its not even been opened any ideas :-( if I say it's faulty will they change it or get it repaired as its not even broke :rotfl: any ideas thank you in advance x

    Even if you (or your mother in law) were to say it is faulty, and they accepted that, all they would do is replace it with exactly the same model.
  • macman
    macman Posts: 53,129 Forumite
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    edited 21 September 2013 at 12:25PM
    Can you not get the receipt from MIL then?
    Opened or not, it's now second-hand and worth much less. They can't resell it as new.
    As stated in post 3, the retailer has no legal obligation to give a refund because you've changed your mind or bought the wrong thing. All you are entitled to is whatever Argos offer under their own returns policy. And items with software are invariably excluded from such policies for obvious reasons.
    If they would exchange it, what you need is proof of purchase-not necessarily a receipt. A bank statement, credit card bill etc. should suffice.
    No free lunch, and no free laptop ;)
  • macman
    macman Posts: 53,129 Forumite
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    wealdroam wrote: »
    Even if you (or your mother in law) were to say it is faulty, and they accepted that, all they would do is replace it with exactly the same model.

    Not necessarily. The retailer can replace, repair or refund at their discretion. But I'd agree that replacement is the likely outcome.
    So what happens if the OP is asked to demonstrate the fault?
    No free lunch, and no free laptop ;)
  • unholyangel
    unholyangel Posts: 16,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    macman wrote: »
    Not necessarily. The retailer can replace, repair or refund at their discretion. But I'd agree that replacement is the likely outcome.
    So what happens if the OP is asked to demonstrate the fault?

    Not necessarily. If acceptance hasnt occurred, consumers can demand a refund and don't have to accept a replacement or a repair.

    However the 2 problems with that is 1) OP isnt purchaser so has no legal rights (unless purchaser obtained a gift receipt) and more importantly 2) it isnt faulty (that we know of - since OP hasnt opened the box).
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • ...it isnt faulty (that we know of - since OP hasnt opened the box).

    Does that make it Schrodinger's satnav, neither faulty nor working until the box is opened?
  • What makes people automatically assume they're allowed to change anything they buy?

    This is NOT the case - there is nothing in law saying you can (unless bought at a distance IE Internet orders).

    Buy in a shop = no automatic right to swap for something else.
  • torizia
    torizia Posts: 189 Forumite
    Part of the Furniture Combo Breaker
    I'm pretty sure the lack of receipt isn't the only problem - as the OP (half) stated, sat navs are exempt from the 30 day money back guarantee at argos which means you can't return/exchange them, even with the receipt.

    My OH bought me a sat nav from argos for my birthday last year, and then I bought a new car with built in sat nav before my birthday. He went back to Argos and the manager used his discretion and gave a refund as it was sealed, but explained that it is exempt so they won't normally accept them back.
    :A
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