Faulty report from Apple, Argos refuse to replace

TH291999

I purchased a pair of first gen Airpod Pros from argos in 2021, a clicking noise started in them in the last month. I took them to the apple genius bar where they said that they had failed their quality tests. They could replace them but at a cost to me since i didnt purchase them from apple. They advised me to go to Argos and contest my consumer rights since they were faulty.

However argos only offer a one year warranty to which they say after the issue lies with the manufacturer. I quoted the consumer law to them that i should be compensated for a faulty product within two years but they remained firm on this stance. 

What could i do as my next steps? I have the report from apple and i have bank statement proof of purchase.

powerful_Rogue

TH291999 said:

I purchased a pair of first gen Airpod Pros from argos in 2021, a clicking noise started in them in the last month. I took them to the apple genius bar where they said that they had failed their quality tests. They could replace them but at a cost to me since i didnt purchase them from apple. They advised me to go to Argos and contest my consumer rights since they were faulty.

However argos only offer a one year warranty to which they say after the issue lies with the manufacturer. I quoted the consumer law to them that i should be compensated for a faulty product within two years but they remained firm on this stance. 

What could i do as my next steps? I have the report from apple and i have bank statement proof of purchase.

The report from Apple seems rather sparse if all it says is that 'they failed their quality tests'. Why did they fail, what is the actual fault with them? Have they failed due to a fault that was present at manufacture but only just manifested itself?

Without such a report, you're not going to get far as the onus is on you to prove they failed due to a manufacturing defect.

Aylesbury_Duck

TH291999 said:

I purchased a pair of first gen Airpod Pros from argos in 2021, a clicking noise started in them in the last month. I took them to the apple genius bar where they said that they had failed their quality tests. They could replace them but at a cost to me since i didnt purchase them from apple. They advised me to go to Argos and contest my consumer rights since they were faulty.

However argos only offer a one year warranty to which they say after the issue lies with the manufacturer. I quoted the consumer law to them that i should be compensated for a faulty product within two years but they remained firm on this stance. 

What could i do as my next steps? I have the report from apple and i have bank statement proof of purchase.

The trouble with quoting selected parts of consumer law is that Argos probably understand the rest of the legislation and realise they might not have to compensate you just yet.  As powerful_Rogue says, if the report is simply "they don't work" then that's not enough to force Argos to do anything.  What does the report actually say?

the_lunatic_is_in_my_head

Hello OP

If there is an issue with the goods the retailer should repair or replace but if they don't then you have the final right to reject.

I would email Argos with a copy of whatever Apple gave you and directly state "you are exercising your final right to reject as the goods do not conform the contract and the store has refused to replace or refund"

They can reduce the refund to account for usage, typically time since delivery/purchase in store vs lifespan, their first offer might be low, always worth a try to haggle if you think their offer is too little. 

powerful_Rogue

the_lunatic_is_in_my_head said:

Hello OP

If there is an issue with the goods the retailer should repair or replace but if they don't then you have the final right to reject.

I would email Argos with a copy of whatever Apple gave you and directly state "you are exercising your final right to reject as the goods do not conform the contract and the store has refused to replace or refund"

They can reduce the refund to account for usage, typically time since delivery/purchase in store vs lifespan, their first offer might be low, always worth a try to haggle if you think their offer is too little. 

That's not strictly true if the report the OP has doesn't state the reason for the fault.

DullGreyGuy

TH291999 said:

I purchased a pair of first gen Airpod Pros from argos in 2021, a clicking noise started in them in the last month. I took them to the apple genius bar where they said that they had failed their quality tests. They could replace them but at a cost to me since i didnt purchase them from apple. They advised me to go to Argos and contest my consumer rights since they were faulty.

However argos only offer a one year warranty to which they say after the issue lies with the manufacturer. I quoted the consumer law to them that i should be compensated for a faulty product within two years but they remained firm on this stance. 

What could i do as my next steps? I have the report from apple and i have bank statement proof of purchase.

What does the report actually state?

You ideally need it to confirm what the cause of the fault is (ie manufacturing issue or poor quality rather than user error) and in a perfect world both confirmation its failed before a reasonable timescale and the cost of repair.

Sounds like you misquoted consumer law, which is never a good idea, as no UK law states you should be compensated for a faulty product within 2 years. The law instead says it should have a reasonable durability (ie lifespan) but doesnt set any timescale of what that is as it varies if you are buying a pair of budget knickers or an expensive oak table. The law of limitations just caps things at 6 years (5 in scotland) 

the_lunatic_is_in_my_head

powerful_Rogue said:

the_lunatic_is_in_my_head said:

Hello OP

If there is an issue with the goods the retailer should repair or replace but if they don't then you have the final right to reject.

I would email Argos with a copy of whatever Apple gave you and directly state "you are exercising your final right to reject as the goods do not conform the contract and the store has refused to replace or refund"

They can reduce the refund to account for usage, typically time since delivery/purchase in store vs lifespan, their first offer might be low, always worth a try to haggle if you think their offer is too little. 

That's not strictly true if the report the OP has doesn't state the reason for the fault.

Indeed but for the cost of an email that's the best starting point, if Argos tell OP they need something more concrete then OP will know where they stand and can decide what to do next or come back for more advice, which would be raise the issue up the chain with Argos and then send a letter before action if still no joy, at the point OP says I'm gong to issue small claims proceedings then they need to decide whether what they have is good enough and whether they wish to invest in obtaining it. 

And of course had the store reviewed what Apple said and opted to advise OP of their rights correctly as to what is required and why what was presented isn't substantial enough, rather than mislead them, OP would already know that.

powerful_Rogue

the_lunatic_is_in_my_head said:

powerful_Rogue said:

the_lunatic_is_in_my_head said:

Hello OP

If there is an issue with the goods the retailer should repair or replace but if they don't then you have the final right to reject.

I would email Argos with a copy of whatever Apple gave you and directly state "you are exercising your final right to reject as the goods do not conform the contract and the store has refused to replace or refund"

They can reduce the refund to account for usage, typically time since delivery/purchase in store vs lifespan, their first offer might be low, always worth a try to haggle if you think their offer is too little. 

That's not strictly true if the report the OP has doesn't state the reason for the fault.

Indeed but for the cost of an email that's the best starting point, if Argos tell OP they need something more concrete than OP will know where they stand and can decide what to do next or come back for more advice, which would be raise the issue up the chain with Argos and then send a letter before action if still no joy, at the point OP says I'm gong to issue small claims proceedings then they need to decide whether what they have is good enough and whether they wish to invest in obtaining it. 

And of course had the store reviewed what Apple said and opted to advise OP of their rights correctly as to what is required and why what was presented isn't substantial enough, rather than mislead them, OP would already know that.

So call their bluff you're advising?

the_lunatic_is_in_my_head

powerful_Rogue said:

the_lunatic_is_in_my_head said:

powerful_Rogue said:

the_lunatic_is_in_my_head said:

Hello OP

If there is an issue with the goods the retailer should repair or replace but if they don't then you have the final right to reject.

I would email Argos with a copy of whatever Apple gave you and directly state "you are exercising your final right to reject as the goods do not conform the contract and the store has refused to replace or refund"

They can reduce the refund to account for usage, typically time since delivery/purchase in store vs lifespan, their first offer might be low, always worth a try to haggle if you think their offer is too little. 

That's not strictly true if the report the OP has doesn't state the reason for the fault.

Indeed but for the cost of an email that's the best starting point, if Argos tell OP they need something more concrete than OP will know where they stand and can decide what to do next or come back for more advice, which would be raise the issue up the chain with Argos and then send a letter before action if still no joy, at the point OP says I'm gong to issue small claims proceedings then they need to decide whether what they have is good enough and whether they wish to invest in obtaining it. 

And of course had the store reviewed what Apple said and opted to advise OP of their rights correctly as to what is required and why what was presented isn't substantial enough, rather than mislead them, OP would already know that.

So call their bluff you're advising?

Yes (message too short)

Manxman_in_exile

Unless the consumer is making some outlandish claim (or lying outright) I think calling the trader's bluff is always worth trying.

The consumer outlines the law and puts their case to the trader.  If the trader exercises their right to dispute whether (a) a fault exists at all, and if so (b) whether it was present at sale, the consumer simply needs to be prepared to argue the point and put forward what evidence they have.  Or get better evidence.

I don't see that the consumer necessarily has anything to lose by initiating the process in this way.

born_again

powerful_Rogue said:

TH291999 said:

I purchased a pair of first gen Airpod Pros from argos in 2021, a clicking noise started in them in the last month. I took them to the apple genius bar where they said that they had failed their quality tests. They could replace them but at a cost to me since i didnt purchase them from apple. They advised me to go to Argos and contest my consumer rights since they were faulty.

However argos only offer a one year warranty to which they say after the issue lies with the manufacturer. I quoted the consumer law to them that i should be compensated for a faulty product within two years but they remained firm on this stance. 

What could i do as my next steps? I have the report from apple and i have bank statement proof of purchase.

The report from Apple seems rather sparse if all it says is that 'they failed their quality tests'. Why did they fail, what is the actual fault with them? Have they failed due to a fault that was present at manufacture but only just manifested itself?

Without such a report, you're not going to get far as the onus is on you to prove they failed due to a manufacturing defect.

Really is not saying they are inherently faulty.

Six months or more

If a defect develops after the first six months, the burden is on you to prove that the product was faulty at the time the goods were delivered to you.

In practice, this may require some form of expert report, opinion or evidence of similar problems or defects across the product range.

The retailer can also make a deduction from any refund for fair use after the first six months of ownership if an attempt at a repair or replacement is unsuccessful.

You have up to six years to take a claim to the small claims court for faulty goods in England, Wales and Northern Ireland, and five years in Scotland.

This doesn't mean that a product has to last six years - just that you have this length of time in which to make a claim if a retailer refuses to repair or replace a faulty product.

https://www.which.co.uk/consumer-rights/advice/what-do-i-do-if-i-have-a-faulty-product-aTTEK2g0YuEy