Argos refusing refund faulty air con unit

Henrywigan

Just been told in Argos that their 30 day refund policy has changed— you used to be able to return faulty goods in store without hassle. I haven’t shopped there in years until now. Now under their new policy if you buy a faulty air conditioner portable unit they refuse to refund on the basis that you haven’t managed to get through to the manufacturer on the phone to get a reference number to prove it’s faulty. 

In other words, if the manufacturer never picks up the phone (common in this day & age), you essentially can’t return the faulty item to Argos for a refund & are stuck with the item.

I had a lengthy discussion with a staff member who basically told me “tough”. 

Argos item was over £400 & won’t turn on. I have a few of the same item, I use them at work & home office & home, they work fine but this one is broken. It doesn’t take a professional engineer to know it doesn’t turn on. It’s also leaking refrigerant all over the internal packaging. 

Manufacturer just don’t pick up phone but also I don’t see why a customer should have to jump through hoops to return a faulty item like this. 

It has occurred to me that this new Argos policy creates a potentially huge obstacle as you’re stuck trying to get through to manufacturers for hours or days on the phone just to get a reference number before you can return any faulty item. 

This was told to me by a member of staff in Argos who was quite insistent.

It essentially creates the perfect barrier to consumer rights: sell faulty devices by a manufacturer who doesn’t answer phone or keeps customers on hold forever or for long periods of time. 

Does anyone know if 1. he’s right about this re: Argos policy & 2. Argos is allowed to do this by law 3. This doesn’t break any uk selling regs?

Henrywigan

Ps- I they refused the return the day after it was purchased. I got it home to find it was faulty. 

sevenhills

Henrywigan said:

Ps- I they refused the return the day after it was purchased. I got it home to find it was faulty. 

Did they offer to exchange it?

km1500

as far as I know the 30-day refund policy was if you had changed your mind for example which is over and above your statutory rights

when you're talking about something that is faulty then they should of course replace it or refund you - in fact I believe this is a legal requirement

the_lunatic_is_in_my_head

OP you need to make it clear to them you are seeking a remedy under the Consumer Rights Act as the goods do not conform to the contract.

You have the right to a repair or replacement, for something DOA I'd expect a replacement personally but if they wish to opt for a repair should it be cheaper that would be their job to sort out.

Alternatively if you reported the issue within 30 days you have the short term right to reject for a full refund.

It might be worth contacting customer services or checking the ceo email website and emailing the contact there (you can cc in the contact for Sainsburys who own Argos). 

Sadly Argos have always had this problem of insisting you go to the manufacturer first, I'm not sure how they've managed to get away with it for so long. 

tacpot12

If you have home insurance, and have legal expenses cover, you can call the Legal Helpline provided by your insurer for advice. 

QrizB

Henrywigan said:

It’s also leaking refrigerant all over the internal packaging.

Whatever is leaking, it isn't refrigerant - all the common refrigerants are gases at room temperature. It could be compressor oil?

Alderbank

Henrywigan said:

It essentially creates the perfect barrier to consumer rights: sell faulty devices by a manufacturer who doesn’t answer phone or keeps customers on hold forever or for long periods of time. 

Does anyone know if 1. he’s right about this re: Argos policy & 2. Argos is allowed to do this by law 3. This doesn’t break any uk selling regs?

It doesn't create a barrier to consumer rights. Their policies do not affect your consumer rights. They even say that in their T&Cs!
Their own policies can say anything they like. Sometimes they will be more generous than your legal entitlement. 

In this case you can tell them that you are cancelling the faulty air conditioner under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and you expect to be refunded within 14 days. 

If you collected the item in store the law says you should be prepared to return it to the place where you bought it. If that doesn't suit Argos you should tell them when they can collect it.

Stay polite (I'm sure you will).

the_lunatic_is_in_my_head

Alderbank said:

Henrywigan said:

It essentially creates the perfect barrier to consumer rights: sell faulty devices by a manufacturer who doesn’t answer phone or keeps customers on hold forever or for long periods of time. 

Does anyone know if 1. he’s right about this re: Argos policy & 2. Argos is allowed to do this by law 3. This doesn’t break any uk selling regs?

It doesn't create a barrier to consumer rights. Their policies do not affect your consumer rights. They even say that in their T&Cs!
Their own policies can say anything they like. Sometimes they will be more generous than your legal entitlement. 

In this case you can tell them that you are cancelling the faulty air conditioner under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and you expect to be refunded within 14 days. 

If you collected the item in store the law says you should be prepared to return it to the place where you bought it. If that doesn't suit Argos you should tell them when they can collect it.

Stay polite (I'm sure you will).

Cancellation is messy in this instance, Argos could say they supplied a working unit and received back a non-working unit. 

OP should be seeking a remedy under the Consumer Rights Act