Argos - refusing to refund poor quality 5 month old metal furniture! What can I do?

anotherday1
anotherday1 Posts: 39 Forumite
Ninth Anniversary 10 Posts Combo Breaker
edited 9 March 2016 at 3:20PM in Consumer rights
I purchased painted metal garden furniture set from Argos and in only 5 months it is covered in rust. I have requested that they collect the item and refund me the money, but they have refused. They said that the furniture had to be stored inside or covered (they didn't supply covers). I stored the chairs in a sheltered spot, but rust has appeared. They told me this over the phone and not in writing. To me, the item looks like it is 5 years old rather than 5 months.

I want to reject the item under sales of goods act, because I consider the item is not a sufficient quality and is not fit for purpose.

What can I do, since I have other garden furniture that is much older and those items have not rusted? I'm thinking about the following:

1) Emailing their complaints department and attaching the photos to request a collection and a refund.
2) If they refuse, then I will contact my credit card provider to raise a dispute.

Q1) Am I within in my rights to reject the item due to the poor quality paint finish that is not fit for purpose?
Q2) When I email the complaints department, should I tell them that I will request a charge back via my credit card?
Q3) Will my credit card company support me in the process?

I am really disappointed with the attitude of Argos, since I would have thought they would have apologised and simply refunded the amount. They have stopped supplying the table set I am lumbered with, so I wonder if other people have complained!

Many thanks.
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Comments

  • hollydays
    hollydays Posts: 19,812 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I'd agree garden furniture should be stored inside
  • So they said "to be stored inside or covered" and you stored it outside (in a sheltered spot), uncovered? Is that correct?
  • anotherday1
    anotherday1 Posts: 39 Forumite
    Ninth Anniversary 10 Posts Combo Breaker
    edited 9 March 2016 at 3:43PM
    Nope, in the catalogue it does not say that the furniture cannot be kept outside. I cannot find any paper work that states the item cannot be kept in the garden. It is described as "garden table and chairs". It does not say that the furniture should be used occasionally outdoors and in fine weather. The paint finish should be of "sufficient quality" to survive more than 5 months surely?

    The original price in the catalogue was £300 and I paid £179.99 at the end of the season!
  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Nope, in the catalogue it does not say that the furniture cannot be kept outside. I cannot find any paper work that states the item cannot be kept in the garden. It is described as "garden table and chairs". It does not say that the furniture should be used occasionally outdoors and in fine weather. The paint finish should be of "sufficient quality" to survive more than 5 months surely?
    Please can you identify the furniture?

    Do you perhaps have the Argos catalogue number?
  • m0bov
    m0bov Posts: 2,651 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    If there is nothing in the instructions, then I would do a LBA and enclose some photos. You might not get a refund rather a replacement.
  • anotherday1
    anotherday1 Posts: 39 Forumite
    Ninth Anniversary 10 Posts Combo Breaker
    edited 9 March 2016 at 4:05PM
    wealdroam wrote: »
    Please can you identify the furniture?

    Do you perhaps have the Argos catalogue number?

    They have discontinued the item and I am not surprised given the poor quality. They are getting rid of the remaining stock via Ebay:

    http://www.ebay.co.uk/itm/Merida-4-Seater-Garden-Dining-Set-/331769910544?hash=item4d3f071510:g:QHMAAOSwpzdWtA9x

    I honestly think "fit for purpose and sufficient quality" implies being able to leave the furniture in the garden and it not rust in 5 months. Fair enough after 15 months, but not 5 months! They refer to "summer dining", but I didn't think this was code that it would only survive one summer!

    PS. I don't want a replacement, but a refund so I can get something of satisfactory quality and fit for purpose like my other furniture!
  • John_Jizzle
    John_Jizzle Posts: 364 Forumite
    Tenth Anniversary 100 Posts Combo Breaker
    I was looking at this on ebay asked them a question about leaving it outside and they replied saying they cannot provide any more information on the product and to speak with the manufacturer.....
  • Nope, in the catalogue it does not say that the furniture cannot be kept outside. I cannot find any paper work that states the item cannot be kept in the garden. It is described as "garden table and chairs". It does not say that the furniture should be used occasionally outdoors and in fine weather. The paint finish should be of "sufficient quality" to survive more than 5 months surely?

    The original price in the catalogue was £300 and I paid £179.99 at the end of the season!

    So when you say "They said that the furniture had to be stored inside or covered (they didn't supply covers).", did they only say this after you complained?
  • swingaloo
    swingaloo Posts: 3,369 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    If you bought it 5 months ago then you bought it when the winter months were due. There must have been a point where you noticed that it had started to rust. Unless its made of aluminium it was bound to rust and really should have been covered and I dont think its fair to blame the supplier or manufacturer for not telling you to cover it.
  • Fosterdog
    Fosterdog Posts: 4,948 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    What happened to basic common sense? I don't need instructions or a description to tell me that garden furniture should not be left unprotected in all weathers, same as I don't need them to tell me not to put it next to a fire or not to use a laptop in the bath.

    I wouldn't leave very expensive high end stuff out let alone cheap budget ranges that Argos sell.

    Although that particular model may not say suitable for all weather this is in the description:
    Perfect for a bit of al-fresco dining during those hot and sunny days of summer, this dining set will seat 4 people in comfort.

    So it is recommended for summer use on hot and sunny days.
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