No cash refunds after 28days!

Char.Lee

Please can you help? I bought a hair clipping set 4 mths ago and used it only 4 times. The last time resulting in my partner's neck being badly cut by the clippers. We took them back to Argos and was told a cash refund is not possible, only a voucher/replacement. We stated that it had a 2yr warranty and was not confident that the new pair of clippers would do the same thing after 4 mths of use. They still insisted that only a voucher/replacement would be given. I feel that I am in my rights for a cash refund as it has caused serious marking to my partners neck and they are lucky we are not sueing for damages.

Baby_J_2

TBH, they can just turn around and say that as it didn't happen the previous times you used it, it could just be done to a slip of the hand that your partner got cut. You couldn't sue for anything unless it was proven that it was a fault with the clippers.

Baby_J_2

And also, it should be the manufacturer of the clippers you take this up with, not Argos.

saintscouple

I'm sorry, but Baby_J Is incorrect.
Argos are very good at making you think that your contract is with the manufacturer and not them.

The following is extracts taken from http://www.dti.gov.uk/consumers/fact-sheets/page38311.html
Sale of Goods Act Quick Facts

Subject: Sale of Goods Act, Faulty Goods.
Relevant or Related Legislation: Sale of Goods Act 1979. Supply of Goods and Services Act 1982. Sale and Supply of Goods Act 1994. The Sale and Supply of Goods to Consumers Regulations 2002.

Key Facts:

• Wherever goods are bought they must "conform to contract". This means they must be as described, fit for purpose and of satisfactory quality (i.e. not inherently faulty at the time of sale).

• Goods are of satisfactory quality if they reach the standard that a reasonable person would regard as satisfactory, taking into account the price and any description.

• Aspects of quality include fitness for purpose, freedom from minor defects, appearance and finish, durability and safety.

• It is the seller, not the manufacturer, who is responsible if goods do not conform to contract.

• If goods do not conform to contract at the time of sale, purchasers can request their money back "within a reasonable time". (This is not defined and will depend on circumstances)

• For up to six years after purchase (five years from discovery in Scotland) purchasers can demand damages (which a court would equate to the cost of a repair or replacement).

• A purchaser who is a consumer, i.e. is not buying in the course of a business, can alternatively request a repair or replacement.

• If repair and replacement are not possible or too costly, then the consumer can seek a partial refund, if they have had some benefit from the good, or a full refund if the fault/s have meant they have enjoyed no benefit

• In general, the onus is on all purchasers to prove the goods did not conform to contract (e.g. was inherently faulty) and should have reasonably lasted until this point in time (i.e. perishable goods do not last for six years).

• If a consumer chooses to request a repair or replacement, then for the first six months after purchase it will be for the retailer to prove the goods did conform to contract (e.g. were not inherently faulty)

• After six months and until the end of the six years, it is for the consumer to prove the lack of conformity.

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Q9. Must I accept a credit note instead of a refund?

It depends on why you want to return the goods.

• If you have changed your mind, then the shop doesn't have to do anything.

• But if the goods are faulty, incorrectly described or not fit for purpose, then you are entitled to your money back (provided you act quickly), and you certainly don't have to take a credit note

• If you do accept a credit note in these circumstances, watch out, as there may be restrictions on their use.

• If the shop displays a sign stating they only give credit notes instead of refunds, they might be breaking the law and you could report them to Consumer Direct on 08454 04 05 06. Consumers in Northern Ireland should contact Consumer Line on 0845 600 6262.

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My advice would be to take a print-out of that page and state that 4 months is considered a 'resonable amount of time' for the product, and that it is Argos who have to prove that the product is not faulty.

Alternatively give consumer direct a call. (use www.saynoto0870.com for geographical telephone number)

Hope this gives you some direction.

Colliefrog

How did you pay for the goods? How you paid for the product will be how you get your refund. The only exception to this is if you don't have your original receipt then Argos are within their rights to give you vouchers.

saintscouple

Colliefrog wrote: »

The only exception to this is if you don't have your original receipt then Argos are within their rights to give you vouchers.

Again taken from my previously posted link -

Q7. Do I have to produce a receipt to claim my rights?
No. In fact the trader doesn't have to give you a receipt in the first place so it would be unfair to say that you had to produce one. However, it might not be unreasonable for the shop to want some proof of purchase, so look to see if you have a cheque stub, bank statement, credit card slip etc., and this should be sufficient.

minx_01

Have you still got the clippers?

If you have, then return them and tell the Manager that you want to return them as you think they are dangerous, and that they have caused a personal injury.

There is a procedure in store to return these items for inspection.

You will be asked to fill in the form with the Manager, and you can also state that you want a follow up letter regarding the outcome.

wacko911

What make/model I have some clippers too from argos

Char.Lee

paid in cash!!!!!!!! with the actual reciept from purchase!!!!!!!!!!! I also stated and shown what they did to my partner's neck and took photo's but they still refused a cash refund. What shall I do? Have took the voucher as they were unnegioable?

Pound

The OP has no legal right to anything more than a replacement or a repair. Argos are actually going beyond their legal requirements by offering you a refund in gift vouchers.

FloFlo

Q9. Must I accept a credit note instead of a refund?

It depends on why you want to return the goods.

• If you have changed your mind, then the shop doesn't have to do anything.

• But if the goods are faulty, incorrectly described or not fit for purpose, then you are entitled to your money back (provided you act quickly), and you certainly don't have to take a credit note

• If you do accept a credit note in these circumstances, watch out, as there may be restrictions on their use.

• If the shop displays a sign stating they only give credit notes instead of refunds, they might be breaking the law and you could report them to Consumer Direct on 08454 04 05 06. Consumers in Northern Ireland should contact Consumer Line on 0845 600 6262.