Am I entitled to a refund - faulty laptop from Argos

Inamuddle79

In November 2015 I purchased a laptop (cash) from Argos which quickly developed several faults. I took this back to Argos in December 2015 and was happy to accept a replacement as I still wanted the laptop. They didn't have the same colour choice so I accepted it in a different colour. This replacement laptop has now developed the same faults therefore having lost faith in the product I took it back to Argos and requested a refund, I understood this to be my right under the new Consumer Rights Act however Argos refused and said I'm only entitled to a repair. I would appreciate it if anyone could offer any clarification on this as reading the act I can't see where I'm wrong as I've already tried a replacement why am I now not entitled to a refund, the only thing I can think is it's because the replacement is a different catalogue number because of the colour change (although it's the same product) I've contacted Argos customer services and they also said I'm only entitled to a repair. Many thanks for any clarification anyone can give.

wealdroam

Inamuddle79 wrote: »

In November 2015 I purchased a laptop (cash) from Argos which quickly developed several faults. I took this back to Argos in December 2015 and was happy to accept a replacement as I still wanted the laptop. They didn't have the same colour choice so I accepted it in a different colour. This replacement laptop has now developed the same faults therefore having lost faith in the product I took it back to Argos and requested a refund, I understood this to be my right under the new Consumer Rights Act however Argos refused and said I'm only entitled to a repair. I would appreciate it if anyone could offer any clarification on this as reading the act I can't see where I'm wrong as I've already tried a replacement why am I now not entitled to a refund, the only thing I can think is it's because the replacement is a different catalogue number because of the colour change (although it's the same product) I've contacted Argos customer services and they also said I'm only entitled to a repair. Many thanks for any clarification anyone can give.

I'm sorry to say I think Argos are right.

During the first 30 days after the sale you can reject the goods for a refund.
After that time then you can express a preference, but you cannot force the seller to provide a disproportionate remedy.
Also, The Consumer Rights Act did introduce the right to a refund after one failed repair, but as you have not yet had the thing repaired, that option isn't open to you.

As long as they don't cause you 'significant inconvenience', I think you are stuck with a repair.

Inamuddle79

Thank you for your reply. It's this bit below that's confusing me, as I've already tried a replacement (rather than repair) and this one also failed. I do find it all very confusing though. Will take it back tomorrow and see how I get on from there.

"Failed repairs After one failed attempt by the retailer to repair or replace a faulty item, you're entitled to ask for a refund or price reduction".

wealdroam

Inamuddle79 wrote: »

Thank you for your reply. It's this bit below that's confusing me, as I've already tried a replacement (rather than repair) and this one also failed. I do find it all very confusing though. Will take it back tomorrow and see how I get on from there.

"Failed repairs After one failed attempt by the retailer to repair or replace a faulty item, you're entitled to ask for a refund or price reduction".

Yes, you are right. Sorry, my mistake.

It is Section 24 of The Consumer Rights Act which allows that.

Note 136 of The Explanatory Notes explains:

The section provides that, if repair or replacement was impossible or if the consumer’s goods continue to be substandard after the consumer has either:

- already undergone one repair or replacement of the goods by the trader; or

- sought a repair or replacement but this was not carried out within a reasonable time or without significant inconvenient to the consumer,

the consumer may either:

- keep the goods and insist on a reduction in the price; or

- reject the goods and obtain a refund which may, in some circumstances, be subject to a deduction to take account of any use the consumer has had of the goods.

Inamuddle79

Thank you for that, maybe I should take that exert into the store and see how I get on. I just don't want to go in quoting my rights only to find out I'm wrong.

wealdroam

Inamuddle79 wrote: »

Thank you for that, maybe I should take that exert into the store and see how I get on. I just don't want to go in quoting my rights only to find out I'm wrong.

When deciding what to do, do remember that these are only opinions offered here.

Just to reinforce my earlier post, here is a quote from MSE's Consumer Rights guide:

If the item is still dodgy after just one attempt at a repair or replacement, the repair or replacement isn’t possible or it hasn’t been carried out quickly enough you’re then entitled to ask for a refund - this could be the full amount within the first six months, or otherwise is likely to be a partial refund.

This also spells out that they cannot reduce the amount of your refund during the first six months.

mije1983

Playing devil's advocate, but if the item is a different colour would the argument be that is wasn't a replacement but a refund of the first colour 'x' laptop, and a new sale of colour 'y' laptop?

wealdroam

mije1983 wrote: »

Playing devil's advocate, but if the item is a different colour would the argument be that is wasn't a replacement but a refund of the first colour 'x' laptop, and a new sale of colour 'y' laptop?

That's probably is open to debate.

Note 132 in The Expalatory Notes includes this sentence:

A replacement would usually need to be identical, that is of the same make and model and if the goods were bought new then the replacement would need to be new.

If it's 'the same make and model', does the colour matter?
The word 'usually' in there introduces doubt.
I don't know.

System

As a matter of interest what is/are the problems

2 laptops with exactly the same problem within a month of receipt for each or thereabouts makes me think user induced or software error

Anything on the web about that particular model having the problem that you have?

Inamuddle79

mije1983 wrote: »

Playing devil's advocate, but if the item is a different colour would the argument be that is wasn't a replacement but a refund of the first colour 'x' laptop, and a new sale of colour 'y' laptop?

That's the only thing I can think of as to why they're saying it has to be a repair.

Inamuddle79

!!!!!! wrote: »

As a matter of interest what is/are the problems

2 laptops with exactly the same problem within a month of receipt for each or thereabouts makes me think user induced or software error

Anything on the web about that particular model having the problem that you have?

The primary fault on both was/is an intermittent beeping noise not coming from the speakers, possibly coming the hard drive. Sometimes it does this constantly. Secondary problems are the laptop restarting itself when it's shut down (not part of the update process), volume control not working and start button inactive.