Argos refusing refund on faulty item.

joshhbowenn

I purchased a Samsung Vacuum online via Argos and collected in store. April 2024. Since having it, we have realised that the hoover is pretty poor. Doesn’t live up to expectations of a £300 device, leaves bits on the floor but also recently developed a fault where intermittently it cuts out. Spoken to Samsung and went through the troubleshooting of checking blockages etc. It is only used in a small home of 2 so hasn’t had a tough life at all so far. 

Samsung offered a repair (but said charges may apply depending on the outcome) or go back to Argos. Went back to Argos and they denied a refund and said only Samsung can deal with this, but Samsung push me back to Argos. I spoke with 2 people in the Argos store who refused to do anything. They said they cannot refund as the product is outside of the 30days return policy, plus it has been used. They turned the item on, seen it working and said it isn’t faulty. They just weren’t listening to me that it isn’t fit the purpose and it sometimes cuts out.  

Where are my rights? I don’t want a repair on what is a brand new machine at £300! I want it working brand new as intended when I purchased it. I tried for ages to get the refund but they continuously refused and pushed me back to Samsung. Any help appreciated!

Aylesbury_Duck

Argos are talking rubbish.  It's their responsibility to meet your consumer rights. 

Bradden

Aylesbury_Duck said:

Argos are talking rubbish.  It's their responsibility to meet your consumer rights. 

I agree that Argos are rubbish.. however they aren't really denying consumer rights.. they dispute that there is a fault.

I'd suggest the OP seeks an independent report to confirm a fault before they go back to Argos.

the_lunatic_is_in_my_head

Bradden said:

I agree that Argos are rubbish.. however they aren't really denying consumer rights.. they dispute that there is a fault.

I'd suggest the OP seeks an independent report to confirm a fault before they go back to Argos.

As OP only purchased in April it's taken there is a fault unless demonstrated otherwise, I agree if the retailer determines there isn't a fault it would then be for the customer to show otherwise but I don't think the staff in store turning it on a minute or two is sufficient to diagnose an intermittent fault  

OP have you tried phone customer service, from past threads the store staff seem very stubborn on the 30 day nonsense. 

Worth a note as you are past 30 days Argos can offer a repair (or replacement) first, they probably use the manufacturer for this but it is the job of Argos to arrange such so it is treated as a remedy allowing you to then seek a refund if he repair isn't sufficient.  

saajan_12

joshhbowenn said:

Where are my rights? I don’t want a repair on what is a brand new machine at £300! I want it working brand new as intended when I purchased it. I tried for ages to get the refund but they continuously refused and pushed me back to Samsung. Any help appreciated!

I think your right is just going to be a repair / replacement / refund at THEIR choice, given you're over the 30 days. 

the_lunatic_is_in_my_head

saajan_12 said:

joshhbowenn said:

Where are my rights? I don’t want a repair on what is a brand new machine at £300! I want it working brand new as intended when I purchased it. I tried for ages to get the refund but they continuously refused and pushed me back to Samsung. Any help appreciated!

I think your right is just going to be a repair / replacement / refund at THEIR choice, given you're over the 30 days. 

It isn't the retailer's choice. 

The CRA gives the consumer the right to their choice a repair or replacement (except where one is disproportionate to the other) .

If that is impossible or is not performed within a reasonable time and without significant inconvenience then the consumer has the right to their choice of the final right to reject or a price reduction. 

The idea that the retailer has a choice in what to do is a myth, one which may deter the consumer from pushing for their own preferred choice due to believing it isn't a right.  

The only limited choice for the consumer is that after 30 days they have to entertain a repair/replacement first. 

joshhbowenn

the_lunatic_is_in_my_head said:

saajan_12 said:

joshhbowenn said:

Where are my rights? I don’t want a repair on what is a brand new machine at £300! I want it working brand new as intended when I purchased it. I tried for ages to get the refund but they continuously refused and pushed me back to Samsung. Any help appreciated!

I think your right is just going to be a repair / replacement / refund at THEIR choice, given you're over the 30 days. 

It isn't the retailer's choice. 

The CRA gives the consumer the right to their choice a repair or replacement (except where one is disproportionate to the other) .

If that is impossible or is not performed within a reasonable time and without significant inconvenience then the consumer has the right to their choice of the final right to reject or a price reduction. 

The idea that the retailer has a choice in what to do is a myth, one which may deter the consumer from pushing for their own preferred choice due to believing it isn't a right.  

The only limited choice for the consumer is that after 30 days they have to entertain a repair/replacement first. 

Thanks for this. It is so frustrating! Spoke to Samsung who said they can collect and take away the item for a repair, but being without a vacuum for a prolonged period of time is something which is just so inconvenient! They couldn’t give an timescale. Also, I don’t really want a brand new £300 item which already needs a repair. Surely that means the item isn’t fit for purpose and hasn’t lasted a reasonable amount of time.  

Live chat Argos are saying I can get a refund but then store just declines. Don’t know what else to do right now. 

joshhbowenn

the_lunatic_is_in_my_head said:

saajan_12 said:

joshhbowenn said:

Where are my rights? I don’t want a repair on what is a brand new machine at £300! I want it working brand new as intended when I purchased it. I tried for ages to get the refund but they continuously refused and pushed me back to Samsung. Any help appreciated!

I think your right is just going to be a repair / replacement / refund at THEIR choice, given you're over the 30 days. 

It isn't the retailer's choice. 

The CRA gives the consumer the right to their choice a repair or replacement (except where one is disproportionate to the other) .

If that is impossible or is not performed within a reasonable time and without significant inconvenience then the consumer has the right to their choice of the final right to reject or a price reduction. 

The idea that the retailer has a choice in what to do is a myth, one which may deter the consumer from pushing for their own preferred choice due to believing it isn't a right.  

The only limited choice for the consumer is that after 30 days they have to entertain a repair/replacement first. 

The inconvenience is definitely there. They want to collect the vacuum and then leave us without one for a period of time that they couldn’t confirm. 

the_lunatic_is_in_my_head

joshhbowenn said:

The inconvenience is definitely there. They want to collect the vacuum and then leave us without one for a period of time that they couldn’t confirm. 

It's very tricky because the inconvenience isn't defined and none of us (seem) to know what view a court will take but by the time you get to that point it will be longer anyway. 

The pragmatic thing to do is go for the repair via Samsung and then don't buy such things from Argos, if you have the energy getting the store to arrange the repair via Samsung would then put you in a good position should something else happen in the future. 

joshhbowenn said:Also, I don’t really want a brand new £300 item which already needs a repair. Surely that means the item isn’t fit for purpose and hasn’t lasted a reasonable amount of time.  

It's a fair view to take but sadly as above you only get that right to reject within the 30 days, a repair should make the goods as good as new but if it doesn't and becomes faulty again that's when you have the right to say no to more repairs and insist upon a refund  

joshhbowenn

the_lunatic_is_in_my_head said:

joshhbowenn said:

The inconvenience is definitely there. They want to collect the vacuum and then leave us without one for a period of time that they couldn’t confirm. 

It's very tricky because the inconvenience isn't defined and none of us (seem) to know what view a court will take but by the time you get to that point it will be longer anyway. 

The pragmatic thing to do is go for the repair via Samsung and then don't buy such things from Argos, if you have the energy getting the store to arrange the repair via Samsung would then put you in a good position should something else happen in the future. 

joshhbowenn said:Also, I don’t really want a brand new £300 item which already needs a repair. Surely that means the item isn’t fit for purpose and hasn’t lasted a reasonable amount of time.  

It's a fair view to take but sadly as above you only get that right to reject within the 30 days, a repair should make the goods as good as new but if it doesn't and becomes faulty again that's when you have the right to say no to more repairs and insist upon a refund  

Thanks for this! What a nightmare they are. Haven’t purchased from them for years, never again! 

MrMelling10

If a product develops a fault within the first six months after purchase, it's assumed it has been there since the time of purchase. This means it had an inherent fault it's up to the retailer to prove it wasn't there when you bought it.
Find out Argo's Head office and write a complaint letter/email to the CEO by record delivery or signed for on delivery