Rights on returning faulty DS after 7 months

superskilly

Hi new on here, was hoping for a bit of advice.
Bought my niece a Nintendo DS console and accessories and 2 games for £150 (as a deal) in March of this year for her birthday.She lives down South and im in the North and i actually bought it was i was down there,i paid with cash at the time in full and i still have the original receipt.
Anyway i was down there this weekend and was quite supprised when i saw her playing on my nephews DS and not hers (he had his for his birthday this weeked)she was quite quiet about the situation, sensing she didn't want to talk about it i left it. I spoke to my sister later on that evening and she told me she had been having trouble with it since i had bought it for her but not wanted to offend. Apparently the battery will only hold its charge for a shorttime even when fully charged about an hour she said sometimes a little more sometimes less and also sometimes the joy stick gets a bit stuck with the games she only noticed it on 1 but has only ever had 2 i suppose it could depend on what moves she is doing etc and could go unoticed on another. Its been like this since new it was bought by me in Mid March given to her as a gift in May (beginning) so what do i do. I bought it down there in Bath and having read consumer rights before realised it was my responsibility to return it as i bought it i have therfore brought it home with me to return to an argod store if i can i was after advice on what to do. I could of probably taken it back sooner but she didnt really want to make a fuss (as thats the kind of people they are). I paid £150 for this and am quite dissapointed with this. Ok the thing is if i take it back will they give me a brand new package i got a white ds,accessory pack (case etc), zoo tycoon and nintendogs games. I dont know anything about them but if they want to repair them will the problem be with the console or charger and the joystick or it the game? What will happen? We are all going away next week as a family and she was hoping to take it with her (although keep having to recharge)but i don't think she should have to stand for this, have i got the quibble with argos or is it with nintendo? If they send it off will it be back in time for our holidays? Can i ask for a refund so we can start again buy another package and let mu niece and sister take responsibility for it by them buying it in the first place? Can i ask for a gift card of the money so i can send it down to her let her buy another and have it in time for the hols (were flying on different days) (work :-( i mena it will be the plane journey of 8 hours it would be needed for.Is there anyone from argos who would come on here and let me know as to be honest im pretty gutted at this, for her sake especially the ds is like new and has been very well looked after we all go away alot which was the main reaosn for me buying it.
Can anyway let me know my rights if i have any.
Much appreciated

jammiev

hi, just go in and ask for a replacement right away and explain whats happened. i think your rights are they need to either repair it for free or replace it! good luck!

Diminutive

They are obligated to swap it for a new model or repair it. However given the amount of time that has passed they aren't obligated to refund.

Mack_3

Policy with the DS will be to send it back to Nintendo who will then either repair or replace it for you. However the Nintendo aren't the quickest at the best of times and with the current postal strikes the odds on you being sorted in time for the holiday are next to zero.

You could go into store and be honest and hope you get a sympathetic CA, try bringing the postal strike into as well, as Argos usually guarentees a certain turnaround time. However they are under no rights to replace, and if they check the computer system it will tell them to send it back.

Colliefrog

Just want to add.... Nintedo will NOT repair any item without proof of purchase. They are an absolute nightmare to deal with and are almost impossible to get hold of, so please be patient with Argos whilst they are dealing with it!

Ken-Dodds-Hairy-Knodule

The battery not holding a charge isn't a fault but simply what happens to batterys when they have reached the end of their life. your neice won't get a replacement for that (batterys don't have the same warranty as a full system anyway) although the stick problem is obviously different.

Nintendo will repair without proof of purchase, but they will charge £30 (including courier both ways) for the pleasure.

Lütz_Pangaloo

Mack wrote: »

Policy with the DS will be to send it back to Nintendo who will then either repair or replace it for you. However the Nintendo aren't the quickest at the best of times and with the current postal strikes the odds on you being sorted in time for the holiday are next to zero.

You could go into store and be honest and hope you get a sympathetic CA, try bringing the postal strike into as well, as Argos usually guarentees a certain turnaround time. However they are under no rights to replace, and if they check the computer system it will tell them to send it back.

Try to go in when it's relatively quiet - this is by far the best course of action rather than going in at the busiest time like a bull in a chinashop, demanding things you aren't entitled to. Consumer law is there to protect the retailer too.

I've worked behind the counter in a shop and believe me, the goodwill and desire to help (but not the courtesy) quickly evaporates in the face of whining or rudeness.

I've always found Argos to be very helpful at sorting out problems, but I have noticed lately that sometimes they will try an initial fob off, but if you just say you're still not happy (not aggressively) they will often move in the right direction.

I think to have even the remotest chance of a replacement you would need not just the receipt, but every last scrap of packaging it came in (I always keep this stuff with electrical purchases - you never know). In reality the best you can really hope for after seven months is a repair or replacement from Nintendo via Argos, but who knows - best of luck.

Spend-it-now

As with all purchases the contract is between you & the store not you & the manufacturer therefore Argos should either refund or replace the item.
Under the 1974 sales of goods act everything should have a reasonable life span. Clearly 7 months for this product is not.
DO NOT let them fob you of & say you need to get in touch with Nintendo & it will have to be repaired under guarantee, this is not the case. Again as I said the purchase contract is between you & argos not you & Nintendo. It's up to argos to to get a refund for the faulty item they are obliged to refund or replace. If they offer to repair it decline there offer & demand a refund or replacement. If they repair it & it goes wrong again you will not be entitled to a refund or replacement in the future.
One last note if you except a replacement then make sure that they put the date on the receipt or give you a new one as you will then have 12 months guarantee from this date.

Scarlett1

My daughter's DS went faulty after 4 months and I sent it direct to Nintendo and within a couple of weeks they replaced it with a brand new one, the details of the repair centre is in the booklet that comes with it

turtle2k1

Spend-it-now wrote: »

Argos should either refund or replace the item.
Under the 1974 sales of goods act everything should have a reasonable life span. Clearly 7 months for this product is not.

I would double check your consumer law if I were you. Argos are well within their rights to offer a repair.

tyronealan

i bought ds for my son and about 11 months old i dropped it and broke the hinge. i brought it back to argos with the box and receipt the girl took it away and said she would let the manager see it. i said all i wanted was for it to be repaired but asap. she came back with a new ds and off i went altough i did take out the 3 year warranty with it again have always found argos to be very honourable. but remember to be calm and you'll be ok. good luck:beer: