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iPhone from Argos eBay

I purchased an iPhone 7 from my son's Christmas present on the 10th December. Christmas morning and the phone won't start, there is a fault.
I phoned Argos eBay and requested a replacement for the faulty phone. They stated that they are unable to process replacements and can only offer a refund, and that this is stated in their T&Cs on eBay.
The phone I purchased was a 256GB unit and according to Argos a clearance item (I assume Apple were withdrawing the 256GB model) and is no longer available. I stated that I would accept a 128GB phone as a replacement but that I was unwilling to pay the extra £150 for it (difference between the phone I purchased and the current 128GB listing price) but this was unacceptable to Argos eBay as they have no more clearance items. The resolution manager (to whom I was put on to) said that all they could offer was a £30 gift card not the £150 difference.
So can anyone advise my rights in this instance? Do Argos' eBay T&Cs take precedence?
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Comments

  • boo_star
    boo_star Posts: 3,202 Forumite
    Part of the Furniture 1,000 Posts
    You have the right to a refund, repair or replacement but you cannot insist on any particular outcome, that is up to the retailer.

    You'll just have to accept the refund unfortunately.
  • As above, you have a right to a full refund. You do not have the right to claim a like-for-like replacement.
  • SandraX
    SandraX Posts: 840 Forumite
    boo_star wrote: »
    You have the right to a refund, repair or replacement but you cannot insist on any particular outcome, that is up to the retailer.

    You'll just have to accept the refund unfortunately.
    100% spot on, case closed.:)
  • boo_star wrote: »
    You'll just have to accept the refund
    Op is fortunate to be also offered a £30 gift card....
    You do not have the right to claim a like-for-like replacement.
    The OP would like to "accept" an upgraded version £150 dearer!:eek:
  • I stated that I would accept a 128GB phone as a replacement but that I was unwilling to pay the extra £150 for it (difference between the phone I purchased and the current 128GB listing price)
    :rotfl: You stated that you'd accept a more expensive phone in straight swop?

    Nice try!
  • DCFC79
    DCFC79 Posts: 40,625 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    You have been advised correctly.

    Take the refund or the £30 gift card and buy another phone.

    Get another phone from elsewhere
  • Carrot007
    Carrot007 Posts: 4,534 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    :rotfl: You stated that you'd accept a more expensive phone in straight swop?

    Nice try!


    Well not an intrinsically more expensive phone. Just one currently begin sold for more.


    You can easily see why they would ask. If you do not you get nothing.


    But you can also see why Argos would say no, and they are well within their rights here.
  • Well not an intrinsically more expensive phone. Just one currently begin sold for more.
    That's what I said, a more expensive phone. Is that difficult to understand?
  • Carrot007
    Carrot007 Posts: 4,534 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    That's what I said, a more expensive phone. Is that difficult to understand?


    But you did not specify it was not an intrinsically more expensive phone, it is a cheaper phone intrinsically. No need to be pedantic, it is worth pointing out.


    You know rather than being rude and laughing at the OP for wanting an intrinsically cheaper phone in exchange.
  • societys_child
    societys_child Posts: 7,110 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 27 December 2018 at 4:19PM
    Intrinsically, has nothing to do with it, we're talking PoS.


    One is £150 more than the other, but the OP would "accept" it (at no extra cost) who's taking the mickey . . ?
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