30 day faulty returns window question

arthurfowler

Ms_Chocaholic said:

arthurfowler said:

Manxman_in_exile said:

@arthurfowler -  the time limit for exercising the short term right to reject is the 30 days you have identified in your OP.  But note that under the short term right, Argos can ask your friend to demonstrate that the item does in fact have a fault.

I would say that your friend exercises that right by clearly telling Argos that they are doing so  -  see s20(5) and (6) of the 2015 Act.

Once they have exercised their right to reject, I don't believe that the legislation places a time frame on returning it.  So far as I'm aware, so long as the short term right to reject has been exercised within the 30 days, it doesn't say when Argos need to get it back.  

s20(15) of the 2015 Act says that a refund must be made without undue delay, and in any event within 14 days of Argos agreeing that a refund is payable.

If the people at Argos your friend has contacted are saying that they've received it too late, they either haven't got a clue about consumer law and/or they are getting confused with their own extra-statutory returns policy  -  which wouldn't apply here.

If the item your friend is returning is not in fact faulty and they are returning it for a "change of mind" on a distance sale, the answer might be slightly different in the detail.  Depends why your friend is sending it back: faulty or change of mind?

As advised above, your friend might get more help from Argos Helpers than he has so far.

Thank you. It's frustrating as I wish I could speak to them for her. Not saying I could do any better, but it would just be simpler. 

Also, apologies, I was not very clear in my opening. Yes it is faulty - apparently there is a green vertical band somewhere on the screen. They agree it's faulty, but saying they can replace instead. 

I may just tell her to write a letter quoting the above as that may be easier than going back and forth over the phone. 

Can your friend call with you there and pass the phone to you.

Hmm, good point, maybe she can dial me in...

Manxman_in_exile

arthurfowler said:

Manxman_in_exile said:

@arthurfowler -  the time limit for exercising the short term right to reject is the 30 days you have identified in your OP.  But note that under the short term right, Argos can ask your friend to demonstrate that the item does in fact have a fault.

I would say that your friend exercises that right by clearly telling Argos that they are doing so  -  see s20(5) and (6) of the 2015 Act.

Once they have exercised their right to reject, I don't believe that the legislation places a time frame on returning it.  So far as I'm aware, so long as the short term right to reject has been exercised within the 30 days, it doesn't say when Argos need to get it back.  

s20(15) of the 2015 Act says that a refund must be made without undue delay, and in any event within 14 days of Argos agreeing that a refund is payable.

If the people at Argos your friend has contacted are saying that they've received it too late, they either haven't got a clue about consumer law and/or they are getting confused with their own extra-statutory returns policy  -  which wouldn't apply here.

If the item your friend is returning is not in fact faulty and they are returning it for a "change of mind" on a distance sale, the answer might be slightly different in the detail.  Depends why your friend is sending it back: faulty or change of mind?

As advised above, your friend might get more help from Argos Helpers than he has so far.

...Also, apologies, I was not very clear in my opening. Yes it is faulty - apparently there is a green vertical band somewhere on the screen. They agree it's faulty, but saying they can replace instead...

And just to clarify - as I may not have been clear myself! - as I understand it, when exercising the short-term right to reject within 30 days, the consumer is entitled to a refund of what they paid.  They don't have to accept a repair or replacement if they want a refund.

Your friend needs to make it clear to Argos that she's exercising the short term right to reject given to consumers by Parliament under the Consumer Rights Act 2015.  It's the law and it's got nothing to do with Argos' own returns policy.  Their policy is irrelevant.  (Argos may try to fob her off because they probably don't know or understand the law - your friend needs to be politely firm with them).

See s20 and also s22 - which you already know about:  Consumer Rights Act 2015 (legislation.gov.uk)

the_lunatic_is_in_my_head

arthurfowler said:

Manxman_in_exile said:

@arthurfowler -  the time limit for exercising the short term right to reject is the 30 days you have identified in your OP.  But note that under the short term right, Argos can ask your friend to demonstrate that the item does in fact have a fault.

I would say that your friend exercises that right by clearly telling Argos that they are doing so  -  see s20(5) and (6) of the 2015 Act.

Once they have exercised their right to reject, I don't believe that the legislation places a time frame on returning it.  So far as I'm aware, so long as the short term right to reject has been exercised within the 30 days, it doesn't say when Argos need to get it back.  

s20(15) of the 2015 Act says that a refund must be made without undue delay, and in any event within 14 days of Argos agreeing that a refund is payable.

If the people at Argos your friend has contacted are saying that they've received it too late, they either haven't got a clue about consumer law and/or they are getting confused with their own extra-statutory returns policy  -  which wouldn't apply here.

If the item your friend is returning is not in fact faulty and they are returning it for a "change of mind" on a distance sale, the answer might be slightly different in the detail.  Depends why your friend is sending it back: faulty or change of mind?

As advised above, your friend might get more help from Argos Helpers than he has so far.

 They agree it's faulty, but saying they can replace instead. 
 

That's a good start,obviously the average person doesn't say "I'm exercising my short term right to reject" so it might depend upon what was said. 

If your friend said they wanted a refund when they made contact within the 30 days I think it's reasonable to say there is the intention to use the short term right to reject.

If they only said they wanted to return as an example then I'm not sure if that would mean the trader should understand the consumer wishes to reject, probably a balance of probability debate that won't really offer much direct help to you. 

If your friend sticks with making contact within 30 days and pushing them for a refund hopefully Argos will agree.  

arthurfowler

the_lunatic_is_in_my_head said:

That's a good start,obviously the average person doesn't say "I'm exercising my short term right to reject" so it might depend upon what was said. 

I am imagining the blank look of the Argos employee when hearing that phrase lol. 

Manxman_in_exile

The argument I would push to Argos Is that if - within 30 days - your friend contacted them to say the item was faulty and she was returning it for a full refund because it was faulty*, then it should be clear to Argos's staff that she is exercising her statutory short term right to reject, and not their own returns policy.  The statutory rights always take precedence over a firm's own policies.

If Argos' own consumer services staff don't already know all this, they probably need to be retrained  

*If Argos have already accepted that the item is faulty - which I think you have said - all the more reason for your friend to emphasise she wants a full refund, not a repair or replacement.  (Or whatever remedy it is that she actually prefers).