Argos - Consumer Rights Act 2015 contradiction?

NMDT9

Hi All,

Can someone shed further light on my query. I have submitted in the format requested on the sticky


What did you buy?
iPhone 6s

When did you buy it?
Argos

Where from?
In store

How did you pay?
Credit card

What went wrong?
Device stopped working and will not turn on or charge. No signs of wear on device. Device was not dropped and it did not get wet.

What are the vendors telling you?
To take the device to Apple myself. I have a copy of the receipt. The phone was purchased on 28th of June 2018 directly from the same Argos store I visited today.


What solution or remedy are you looking for?
A repair so that the device works again or replacement device

More details......
I spoke with Argos in store and the Argos employee stated I must contact Apple directly. I thought this was wrong but I didn't question the Argos employee as I wasn't 100% sure of the exact law and didn't want to cause a scene.

When I came home I checked both the CRA 2015 and also Argos own terms. Both confirmed my suspicion that it is up to the retailer to repair or replace the device if it is less than 6 months old.

I then spoke with Argos live chat and they also said I must bring the device to Apple myself.

The thing is the nearest Apple store is a 90 mile round trip for me.

I will post the transcript from the live chat in a reply to this post.

What do you guys think?
Where do I stand now?
How should I proceed?

NMDT9

Sorry. This is quite long and pasted from email..

I removed the employees name and replaced with "Argos Employee"

Argos employee (18:38:50 GMT) : Hi, you're through to Argos live chat, you are chatting to Anthony how can I help you today?
Visitor (18:39:57 GMT) : Hi. I have a faulty iPhone which is 4 months old. I brought it to store and was told I must bring it to Apple. I don't believe this is correct.
Anthony (18:40:50 GMT) : Hi this is true as apple are the only people who can repair it.
Visitor (18:41:39 GMT) : Below is why I believe this information is not correct. Firstly is not what your what Argos terms state. Secondly the Consumer Rights Act XXX states that if a product is under 6 months old the retailer must repair or replace the faulty product.
Visitor (18:43:35 GMT) : Specifically the CRA XXX states the onus is on the retailer to repair or replace if a device is under 6 months old. This matches your terms on your website which state. "If you’ve had it for more than 30 days…up to 12 months We’ll assess what’s wrong and then, if possible, we may arrange for it to be repaired If it’s faulty, we’ll fix it, replace it or give you all or some of your money back depending on how long the product might reasonably be expected to last. But after 6 months we might need you to prove that it was faulty at the time when you bought it, collected it or had it delivered. We’re afraid wear and tear isn’t included.
Argos employee (18:43:56 GMT) : yes thats correct, to find out if the item has a manufacturing fault or not this needs to be assessed by Apple themselves, when they have confirmed there is a manufacturing fault we will then replace or repair the item for you.
Visitor (18:44:26 GMT) : Your point is valid if the device is over 6 months old which it is not.
Visitor (18:45:22 GMT) : As the device is less than 6 months old it is up to the retailer. In this case Argos to repair or replace the fault .
Argos employee (18:45:24 GMT) : we still need to see if the fault with the item is a manufacturing fault or a fault due to miss use, if it is miss use it is not covered under your warranty.
Visitor (18:48:09 GMT) : What you state contradicts both the CRA XXX and Argos own terms. Specifically refering to devices less than 6 months old.
Argos employee (18:50:17 GMT) : we are getting the item looked in Argos do not have engineers to repair the item directly this is the reason you have to go to Apple, it is the same with most of the item for excample, if you have a washing machine from Indesit, Indesit will send out their own engineers to look at the item to see if there is a manufacturing fault or a fault of your own. We are not refusing to repair or replace it needs to be determined as a manufacturing fault before we do so.
Visitor (18:52:09 GMT) : As I stated the onus is on the rstauler to repair or replace if the device is under 6 months. Whether or not Argos have enginerrs does not matter. I have quoted both the law "CRA XXX" and also Argos own terms which state this.
Visitor (18:52:48 GMT) : *retailer
Visitor (18:53:40 GMT) : The onus is also on the retailer to prove the device damage is not due to wear and tear if under 6 months old.
Argos employee (18:54:40 GMT) : We are not refusing to repair it , but apple have to look at it first to see if it is a manufacture fault.
Visitor (18:54:47 GMT) : "link to CRA 2015 on Which website"
Visitor (18:55:17 GMT) : Please see the section titled "The first 6 months "
Argos employee(18:57:38 GMT) : i understand that, we are not refusing to repair or replace as preiviosly stated. Apple do their own repairs and asses that the item has a manufacturing fault. If there is no manufacturing fault its not covered under your warranty.
Visitor (18:58:44 GMT) : As we seem to be going in circles here I have no other option than to invoke a chargeback for a full refund on the credit card used to purchase this device. I will use this transcript as proof to the bank that I did try to contact Argos directly but Argos failed to meet their obligations under the CRA XXX as stated above.
Argos employee(18:59:20 GMT) : we cant tell over the counter in store if there is a manufacturing fault with the item, this is why Apple need to take a look at it as previously advised.
Argos employee (18:59:49 GMT) : not once have Argos stated we will not repair or replace this item for you,
Argos employee(19:00:23 GMT) : it needs to be proven to be a manufacturing fault and not a fault due to miss use before we can that.
Visitor (19:00:58 GMT) : As I said the law states that within 6 months the onus is on Argos to prove if the fault is a manufacturing fault or not. It is not upto the customer to contact the manufacturer.
Visitor (19:01:13 GMT) : If Argos don't have engineers that is not my fault.
Argos employee (19:02:18 GMT) : As previously stated you will need to take the item to Apple, Argos are not refued a repair or a replacement, you can request a copy of the Transcript at the top of the chat box.
Visitor (19:03:24 GMT) : Thanks. I will process a chargeback as stated.
Auto-Generated Message (19:03:35 GMT) : Visitor has requested for email transcript. The email will be automatically sent after the interaction is wrapped up.
Argos employee (19:03:42 GMT) : ok thanks for chatting have a lovely evening .
Visitor (19:04:01 GMT) : Thanks. Same to you

freelancepuddle

You're right. Argos is pulling loads of tricks recently including random price hikes (I posted about it an hour ago on this very thread). By law, as a UK consumer if a product has a fault within 12 months of purchase, the retailer MUST provide a refund or a replacement at no extra cost of the customer. Go into the store and tell them you want a refund or a replacement and that it's broken. The Argos live chat is incredibly unhelpful, nobody on there can do anything to help you apart from point you to the right page on a website.

BoGoF

freelancepuddle wrote: »

You're right. Argos is pulling loads of tricks recently including random price hikes (I posted about it an hour ago on this very thread). By law, as a UK consumer if a product has a fault within 12 months of purchase, the retailer MUST provide a refund or a replacement at no extra cost of the customer. Go into the store and tell them you want a refund or a replacement and that it's broken. The Argos live chat is incredibly unhelpful, nobody on there can do anything to help you apart from point you to the right page on a website.

No they don't.

societys_child

How is changing prices, pulling loads of tricks?

NMDT9

I assume your reply means no they don't have to cover it within 12 months?

Am I correct to state that they have to repair or replace if the device is under 6 months old?

If so then where do I stand now that they refuse? Should I just bite the bullet and process a chargeback on my Credit card?

I should add I'm not after a refund just a repair or replacement would be fine by me.

DCFC79

NMDT9 wrote: »

I assume your reply means no they don't have to cover it within 12 months?

Am I correct to state that they have to repair or replace if the device is under 6 months old?

If so then where do I stand now that they refuse? Should I just bite the bullet and process a chargeback on my Credit card?

I should add I'm not after a refund just a repair or replacement would be fine by me.

You would get a repair if you went to Apple.

Fosterdog

Argos do have the right to outsource the assessment/repair, who would you rather look at and repair your device? The manufacturer engineers who know the devices inside out or a random engineer who works on multiple different devices?

You don't have to travel on a 90 mile round trip, just give Apple a call and they will arrange to send you packaging, pay for courier collection, get it repaired, and returned to you in around a 7-10 day turn around. Even if you invoke a chargeback they are likely to want the proof that it does actually have an inherent fault before agreeing to any refund.

flashg67

I totally understand that Argos should be taking responsibility here.However, I had similar with an LG phone. I caved and went direct to LG - had the phone back, fixed within 3 days

bris

Argos like, everyone else is entitled to get the phone checked first to confirm it is actually faulty and not the result of misuse or accidental damage, you do this by getting it checked by the manufacture.


Whilst you do have rights the fault needs confirmed. Send it to Apple and get your repair or replacement, why bother wasting time fighting with Argos when the result will be the same only much longer.

NMDT9

Thanks for the quick replies.

I understand your points guys but the CRA 2018 does specifically state the below.

"The first six months
If you discover the fault within the first six months of having the product, it is presumed to have been there since the time you took ownership of it - unless the retailer can prove otherwise.

During this time, it's up to the retailer to prove that the fault wasn't there when you bought it - it's not up to you to prove that it was.

If an attempt at repair or replacement has failed, you have the right to reject the goods for a full refund, or price reduction if you wish to keep the product.

The retailer can't make any deductions from your refund in the first six months following an unsuccessful attempt at repair or replacement"