Seller / manufacturer return options advice sought.

kinny999

Hi folks, I'm gonna try and be concise but I'll happily add as many details as helpful.

I bought an oculus quest headset the week before Xmas last year, from Argos.

In January I had to request an repair/replacement on one controller as it developed stick drift. This was via meta directly and was super quick and hassle free.

In February the headset itself failed and I similarly requested an RMA via meta direct. They sent a return label much like previously the same day, except it was for the controller id already returned not the headset itself. I contacted them so as not to send the expensive bit and risk it getting lost at which point they advised they'd send a new return label asap.

Since February I've had well over 100 emails back and forth and there is some kind of error at their end tha won't allow another label to be created??

They continually send copy and paste emails promising speedy action and thanking me for my patience.

We're approaching 4/5 months of this nonsense and there's no way to complain or escalate.

My query to you folks is...

Can I return this to Argos or have I missed the window hoping meta would send an email within a reasonable timeframe?

Sincere thanks for any advice Nd apologies if this is a daft question.

John

Alderbank

It's not a daft question.

The headset you bought in mid December is faulty. The good news is that unless you caused the fault by abusing the headset in some way you have statutory rights given to you by the Consumer Rights Act to require the seller, Argos, to repair or replace it. Those rights last as long as you own the goods and can't be taken away, but they do become diluted over time and dwindle away to nothing after 5 or 6 years.

The bad news (or less good news) is that Argos won't know how to fix it themselves so their response will be to refer you back to the manufacturer Meta to fix it for them. However this time round you have gained the right to require Argos to get it fixed within a reasonable timeframe, a power you did not have with Meta themselves.

If that happens you acquire the right to return the whole kit to Argos and ask them to give you a refund. They could make a deduction because of the limited use you or the recipient have had from the kit since you bought it.

Undervalued

https://forums.moneysavingexpert.com/discussion/comment/82015135#Comment_82015135

If the OP bought in "mid December" then sadly more than six months have now elapsed which means the onus is on the purchaser to prove that this was an inherent fault. Had it been returned to Argos within six months then it would be the other way round as an inherent fault would be assumed unless Argos could prove otherwise.

The normal method is to obtain an independent expert report, initially at the buyers expense, but that can be added to the claim assuming it is in the buyer's favour.

EDIT - Sorry my maths were wrong! We are just under 6 months so providing the OP hurries back to Argos no report is needed!

kinny999

Thanks folks, I bought it Xmas eve ( poor planning on my part )

Argos have accepted the return as "manufacturer fault" and I can evidence I've been talking to meta directly since February if they ask why I've left it so long. Meta were very willing ( initially at least ) to accept it back under warranty and give a straight replacement.

Gonna attempt to return over weekend, I'll update here if there's any/much pushback by the staff who have to "inspect" the item.

Im happy for any kind of resolution at this stage but I think I'd prefer a refund. The meta quest 3's seem waaaaay more fragile than the previous versions and I do t want to go through this rigmarole again. Meta have well and truly put me off for life.

Wish I'd have done this in February 🤦‍♂️

Thanks for the replies and support this far 🙏

Alderbank

'If the OP bought in "mid December" then sadly more than six months have now elapsed which means the onus is on the purchaser to prove that this was an inherent fault. Had it been returned to Argos within six months then it would be the other way round as an inherent fault would be assumed unless Argos could prove otherwise.'

That is an interesting point and like you I tried to work out if the OP was still within the 6 months. But note what the legislation actually says. It doesn't mention the date when you go back to the seller. Section 19(14) of CRA is clear that if the fault becomes apparent within six months then the onus is on the seller to prove it was not apparent. The exact wording is:

'…goods which do not conform to the contract at any time within the period of six months beginning with the day on which the goods were delivered to the consumer must be taken not to have conformed to it on that day…'

In many cases of course the earliest date when the consumer can prove the goods didn't conform is when they inform the seller. However in this case the OP's email exchanges with Meta provides a clear trail of evidence that the headset failed back in February.

Ergates

The clock would stop at the point the customer informs the retailer of the issue though - which was back in February - otherwise retailers could just avoid their responsibilities by dragging their feed until the timer runs out.

kinny999

https://forums.moneysavingexpert.com/discussion/comment/82015795#Comment_82015795

I only actually advised the retailer yesterday having wrongfully assumed the return/repair would be as hassle free via meta and then it became a battle of will...

Honestly I'd written off going back to the retailer largely.