Help on consumer rights re. Faulty vacuum

xplosiv77

Hi all,

I’m hoping someone can provide clarity on my rights and first port of call.

Just under 6 months ago I purchased a Vax vacuum cleaner from Argos.  It’s been recently cutting in and out a bit, but today sparks flew from where the cable enters the vacuum.  So it’s obviously dangerously faulty and can’t be used.

I read that within 6 months from purchase they need to repair or replace.  But I’ve just returned from Argos and the lady was adamant that my first port of call is to phone Vax to report the fault and they will give me a reference number - which can be used if I need to take the vacuum back to Argos.

Can someone please clarify if that sounds correct or if I should be plonking the vacuum on the desk of Argos and demanding they take it back for repair or replacement?  I’m just very aware that the 6 months from purchase is in under 1 week and I don’t want to be fobbed off and miss the cut off as a result.

Amy help much appreciated!

thanks 

ForumUser7

xplosiv77 said:

Hi all,

I’m hoping someone can provide clarity on my rights and first port of call.

Just under 6 months ago I purchased a Vax vacuum cleaner from Argos.  It’s been recently cutting in and out a bit, but today sparks flew from where the cable enters the vacuum.  So it’s obviously dangerously faulty and can’t be used.

I read that within 6 months from purchase they need to repair or replace.  But I’ve just returned from Argos and the lady was adamant that my first port of call is to phone Vax to report the fault and they will give me a reference number - which can be used if I need to take the vacuum back to Argos.

Can someone please clarify if that sounds correct or if I should be plonking the vacuum on the desk of Argos and demanding they take it back for repair or replacement?  I’m just very aware that the 6 months from purchase is in under 1 week and I don’t want to be fobbed off and miss the cut off as a result.

Amy help much appreciated!

thanks 

Your manufacturers warranty is with Vax not Argos.

Your consumer rights are with Argos not Vax.

If you wish to claim under the manufacturers warranty, you contact Vax. If you wish to claim under consumer law, you contact Argos.

Within the first 6 months, it is assumed the fault is there at the time of purchase. You may need to evidence the fault somehow - do not put yourself at risk by using it in your home, perhaps tell them the fault and leave it to them to check if they wish - but they should have an opportunity to repair and replace. If that fails, they must refund.

Frontline staff are usually unaware of consumer law, so perhaps ask for a manager and calmly explain to them what you are asking to claim under - i.e. Consumer Law rather than Manufacturers Warranty.

https://www.resolver.co.uk/consumer-rights/product-manufacturing-manufacturers-guarantees-warranties-complaints#

"The shop may say you have to claim a refund from the manufacturer, or claim under the manufacturer's guarantee. This isn't true. Your rights under the Consumer Rights Act 2015 are against the retailer, not the manufacturer. Guarantees and warranties simply give additional rights, which you can choose to use."

Try to get some kind of evidence you contacted Argos before the 6 months, so this can be used in the off chance they claim you missed the cut off - although as you've said, it would be much easier to get it sorted before the cut off.

IMO, I think you should be carefully placing the vacuum on the desk of Argos and requesting they take it back for repair or replacement.

You could always contact Vax to get a reference number - but beware if you send the product to Vax anything done will be under the warranty and not consumer law. If Argos does not comply, Vax warranty may be an easier route than the small claims court. Hopefully it doesn't get to that stage though. Good luck!

xplosiv77

Thank you!  Very helpful! 

tightauldgit

Within 6 months of purchase if the item develops it fault then in layman's terms it was assumed to be inherently faulty when you bought it and Argos are responsible under the Consumer Rights Act to give you either a repair, replacement or refund. Argos can dispute that and say it was you that caused it but it would up to them to show that. 

You don't need to contact Vax unless you want to have them fix it under warranty which is a separate process. 

If I was you I would be emailing Argos customer support today and telling them you want to exercise your rights under the consumer rights act. That way at least your complaint is documented and recorded within the 6 month limit. 

Alderbank

It is very common for a retailer to use the resources of the manufacturer to investigate and rectify faults on their behalf, so it's not an either/or.
Many manufacturers even say in their instructions to contact them first with a problem rather than going to the retailer. Doing so can often be better and quicker, but it is important that you do tell the retailer as well that the item is faulty and that you know it is their responsibility to resolve (as I see you have done ).

Damage at the grommet where the cable enters the machine is certainly dangerous but it is not automatically a manufacturing fault. It can be caused by user damage. You raised the issue within the first 6 months so the clock has stopped ticking. The onus stays with them to show that the damage was caused by misuse but you should be aware that Argos might try to claim that after investigation.

xplosiv77

Thank you, all, for your replies. 

 So I’m thinking tomorrow I will head to Argos and drop off the faulty vacuum and a printout of the receipt (with my contact number written at the top) and say I’m returning it as per my consumer rights.  And I’ll take a pic of the vacuum and note of the person’s name for evidence.  They can then inspect the product and let me know if they intend to repair or replace.

I do not want to leave the store with the faulty vacuum.  I’ll obviously try to speak to a supervisor if the person I deal with doesn’t understand consumer rights.  But if it comes to it, I will just walk out leaving them with the faulty product to inspect and my proof of purchase.  I hope this doesn’t sound too drastic?!  It’s just there’s nothing to be gained by me taking it back home with me.  

Realistically, if they don’t resolve it quickly I’ll likely end up having to buy a new one as I have a very fluffy border collie and things will get out of hand in no time!

ForumUser7

xplosiv77 said:

Thank you, all, for your replies. 

 So I’m thinking tomorrow I will head to Argos and drop off the faulty vacuum and a printout of the receipt (with my contact number written at the top) and say I’m returning it as per my consumer rights.  And I’ll take a pic of the vacuum and note of the person’s name for evidence.  They can then inspect the product and let me know if they intend to repair or replace.

I do not want to leave the store with the faulty vacuum.  I’ll obviously try to speak to a supervisor if the person I deal with doesn’t understand consumer rights.  But if it comes to it, I will just walk out leaving them with the faulty product to inspect and my proof of purchase.  I hope this doesn’t sound too drastic?!  It’s just there’s nothing to be gained by me taking it back home with me.  

Realistically, if they don’t resolve it quickly I’ll likely end up having to buy a new one as I have a very fluffy border collie and things will get out of hand in no time!

Probably don't abandon the product there - it'd be awkward if they disposed of it because they somehow did not keep your receipt and the product together and didn't know who it belonged to. That said, best of luck tomorrow and please update us!

powerful_Rogue

If Argos want to investigate i'd imagine they would return the vacuum to their warehouse who will then forward it onto Vax. Personally I would just do what Argos advice and contact Vax direct and see what they say. It will probably be a lot quicker and less hassle.

PHK

xplosiv77 said:

Thank you, all, for your replies. 

 So I’m thinking tomorrow I will head to Argos and drop off the faulty vacuum and a printout of the receipt (with my contact number written at the top) and say I’m returning it as per my consumer rights.  And I’ll take a pic of the vacuum and note of the person’s name for evidence.  They can then inspect the product and let me know if they intend to repair or replace.

I do not want to leave the store with the faulty vacuum.  I’ll obviously try to speak to a supervisor if the person I deal with doesn’t understand consumer rights.  But if it comes to it, I will just walk out leaving them with the faulty product to inspect and my proof of purchase.  I hope this doesn’t sound too drastic?!  It’s just there’s nothing to be gained by me taking it back home with me.  

Realistically, if they don’t resolve it quickly I’ll likely end up having to buy a new one as I have a very fluffy border collie and things will get out of hand in no time!

I think you are cutting of your nose to spite your face. No-one in the store will be qualified to inspect the vacuum so they'll send it off. You'll then have to wait and hope its not lost .  

Much easier for you to just phone Vax and get a returns number.

the_lunatic_is_in_my_head

Which ever option you go for OP if you have the inclination you can report Argos to Trading Standards online via Citizens Advice for misleading you about your consumer rights

https://www.citizensadvice.org.uk/consumer/get-more-help/report-to-trading-standards/

If only more people did so perhaps the like of Argos wouldn't continue to get away with their poor behaviour. 

tightauldgit

xplosiv77 said:

Thank you, all, for your replies. 

 So I’m thinking tomorrow I will head to Argos and drop off the faulty vacuum and a printout of the receipt (with my contact number written at the top) and say I’m returning it as per my consumer rights.  And I’ll take a pic of the vacuum and note of the person’s name for evidence.  They can then inspect the product and let me know if they intend to repair or replace.

I do not want to leave the store with the faulty vacuum.  I’ll obviously try to speak to a supervisor if the person I deal with doesn’t understand consumer rights.  But if it comes to it, I will just walk out leaving them with the faulty product to inspect and my proof of purchase.  I hope this doesn’t sound too drastic?!  It’s just there’s nothing to be gained by me taking it back home with me.  

Realistically, if they don’t resolve it quickly I’ll likely end up having to buy a new one as I have a very fluffy border collie and things will get out of hand in no time!

If you walk out of the store without your product or your proof of purchase then I imagine that would be the last you would see of it or any hope of a refund.

What you need to do is talk to the store manager calmly about how they would like to proceed given your consumer rights to a repair, replacement or refund if an item fails within the first 6 months.