Argos refuse refund as box opened & item used once.

Dorrian

My Mother purchased a Bissell supreme sweep turbo from Argos online, put it together everything fine nothing missing
or broken read the instructions & off she went. The handle kept coming loose & when she went to empty it the tray is
very stiff to pull out I had to do it as he has weak hands & I found it tight as well, to empty it you have to shake it as the
dirt tray is sealed with a tiny slot for the dirt/fluff to come out |& you need to stick a skinny finger in & scoop the fluff out.

Contacted Argos online customer help , explained all this & that it was not fit for purpose & they stated as it had been 
opened & used she cannot return it instead contact Bissell & they might know a better way to empty it. There is no
better way. Any ideas would be appreciated & thank you for taking the time to read this.

the_lunatic_is_in_my_head

Argos are incorrect.

You need to specifically advise them the goods do not conform to the contract (as the handle keeps coming off through normal us) and you are seeking a remedy under your consumer rights. 

This leaves you with two options, a repair or replacement or the short term right to reject (if within 30 days). If exercising the short term right to reject the retailer can request you demonstrate there is something wrong with the goods, that said a handle coming loose should be pretty straight forward to show. 

If they repair or replace and the goods still do not conform then you may exercise the final right to reject for a refund (full refund if within 6 months)

How long has it been since you took delivery? You may also have the right to cancel your contract depending upon timeframes and information provided. 

The_Fat_Controller

I don't think you can say it is not fit for purpose, it is just that it is not suitable for your mother.

Two entirely different scenarios.

As it is has been used Argos are not obliged to allow you to return the item.

Andy_L

Argos are assuming its a return under their 14(?)-day no quibble changed-your-mind refund policy. Rather than a return because its unfit for purpose/knackered

the_lunatic_is_in_my_head

Dorrian said:

the_lunatic_is_in_my_head said:

Argos are incorrect.

You need to specifically advise them the goods do not conform to the contract (as the handle keeps coming off through normal us) and you are seeking a remedy under your consumer rights. 

This leaves you with two options, a repair or replacement or the short term right to reject (if within 30 days). If exercising the short term right to reject the retailer can request you demonstrate there is something wrong with the goods, that said a handle coming loose should be pretty straight forward to show. 

If they repair or replace and the goods still do not conform then you may exercise the final right to reject for a refund (full refund if within 6 months)

How long has it been since you took delivery? You may also have the right to cancel your contract depending upon timeframes and information provided. 

She has had it eight days & used it once, the time between has been waiting for
me to try it & it is a pig to empty & the handle does separate whilst using, you cannot
go mad on tightening it up as you will strip the thread.

If it has been 8 days you are entitled to cancel a distance contract (paid for online), the retailer can reduce the refund for handling but only if they provide the required information. It's complex and getting Argos to agree may be difficult. 

But if the handle comes off when you open the draw then you could easily argue that the goods are not of satisfactory quality particularly on

(c)freedom from minor defects;

(e)durability.

CS will just stick to the script, if you Google CEO email and search that site for Argos there is an email address for a higher level of customer facing contact, you can also search that site for Sainsburys (who own Argos) and cc them in. 

Be sure to state you are seeking a remedy under the Consumer Rights Act as the goods do not conform to the contract and that you have no obligation to contact the manufacturer. Include a timeline (paid, delivered, previous contact, etc) plus any order number and state what remedy you would prefer (refund, repair replacement). As above if you insist upon a refund it isn't taken the goods do not conform (i.e that the problem is actually with the goods) but once talking to someone who isn't going to fob you off are Argos going to fight over a broken handle, probably not.  

Best to keep the email polite and to the point

the_lunatic_is_in_my_head

Dorrian said:

Dorrian said:

My Mother purchased a Bissell supreme sweep turbo from Argos online, put it together everything fine nothing missing
or broken read the instructions & off she went. The handle kept coming loose & when she went to empty it the tray is
very stiff to pull out I had to do it as he has weak hands & I found it tight as well, to empty it you have to shake it as the
dirt tray is sealed with a tiny slot for the dirt/fluff to come out |& you need to stick a skinny finger in & scoop the fluff out.

Contacted Argos online customer help , explained all this & that it was not fit for purpose & they stated as it had been 
opened & used she cannot return it instead contact Bissell & they might know a better way to empty it. There is no
better way. Any ideas would be appreciated & thank you for taking the time to read this.

Just to let you know I contacted Argos Helpers explained the problems & sent a picture of the dirt tray & they agree
there is a fault & have arranged collection & full refund.

Excellent, thanks for letting us know  

Manxman_in_exile

The_Fat_Controller said:

I don't think you can say it is not fit for purpose, it is just that it is not suitable for your mother.

Two entirely different scenarios.

As it is has been used Argos are not obliged to allow you to return the item.

Dorrian said:

Dorrian said:

My Mother purchased a Bissell supreme sweep turbo from Argos online, put it together everything fine nothing missing
or broken read the instructions & off she went. The handle kept coming loose & when she went to empty it the tray is
very stiff to pull out I had to do it as he has weak hands & I found it tight as well, to empty it you have to shake it as the
dirt tray is sealed with a tiny slot for the dirt/fluff to come out |& you need to stick a skinny finger in & scoop the fluff out.

Contacted Argos online customer help , explained all this & that it was not fit for purpose & they stated as it had been 
opened & used she cannot return it instead contact Bissell & they might know a better way to empty it. There is no
better way. Any ideas would be appreciated & thank you for taking the time to read this.

Just to let you know I contacted Argos Helpers explained the problems & sent a picture of the dirt tray & they agree
there is a fault & have arranged collection & full refund.