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Time Limitation for an item not as described ?


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Hi

 

Just wondered if anyone had any information of time limitations when an item is not as described?

 

I purchased a chocolate faux leather bed frame from Argos in Jan 15

it was delivered in 2 boxes in March 15.

 

For various reasons we have only today opened the boxes and have found that while box 2 of 2 contains a chocolate coloured headboard,

box 1 of 2 contains the side and bottom panels in black!

 

I called Argos Customer Services today and the young lad (following a script) said there was nothing they could do as it was 5 months past the 12 months guarantee.

 

After refusing to accept that, I was promised a manager call within 4 hours but surprise surprise no call has materialised.

 

I know I should have checked the contents and lesson learned for future but both boxes are marked Chocolate.

 

Any advice/ideas welcome.

 

Thanks in advance

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Ha ha ha, ''5 months past the 12 months guarantee!''

 

Ignore that.

 

Email or write to Argos, and inform them that the item is not as described, you ordered 'chocolate' coloured, only 50% of the order satisfies the order, therefore you need to wish to return the incorrect item and have it replaced with the correct colour.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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I've copied below the email reply received from Argos today.

They make it sound like we've been using the bed for the last year and have only just noticed.

It is still in the box !

 

From reading the Consumer Rights Act 2015 I think I am covered by the fact that they have breached their contact as the goods do not match the description and their liability is for 6 years.

Am I reading this correctly before I make an idiot of myself ?

 

Thanks in advance

 

Thank you for your email regarding your order,

 

Had this been made known to us within the first 30 days of arrival, we would have been able to offer further options.

However as previously advised, due to the age of the item we are unable to help you with this.

I do apologise for any inconvenience caused.

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You are correct, they are wrong.

 

I'd get in touch with trading standards now, if that is their attitude.

 

What was that email in response to?

 

Thank you for your standard response.

The content of which is noted.

 

As you are unwilling to assist your customer in this matter, I have forwarded this to my local trading standards.

 

Regards.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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  • 2 weeks later...

I don't think you'll get very far with this unfortunately.

 

 

They will argue that if you purchased something and didn't inspect it for 18 months then it wasn't really very important to you.

 

 

I understand that this is probably not what you want to hear.

 

 

Maybe if you were within the first six months you may have a case,

but I think they will really press and push you to give them a convincing story as to why you left it as long as you did.

Sorry...

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I don't think you'll get very far with this unfortunately.

They will argue that if you purchased something and didn't inspect it for 18 months then it wasn't really very important to you. .

 

Matters not, the items are unopened, and they are incorrect, not as described, not fit for purpose, so they have to change them or, if they are no longer on sale change them for the equivalent.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Matters not, the items are unopened, and they are incorrect, not as described, not fit for purpose, so they have to change them or, if they are no longer on sale change them for the equivalent.

 

The items ARE opened, otherwise, they could not be known to be not as described. The issue with Argos will not be that, but they will argue that the time elapsed is too long. The law gives "reasonable time" to reject the goods. Reasonable time will vary in specific cases but usually will be no longer than around four weeks. For this reason, arguing the law with Argos is very unlikely to work and the original poster should therefore try for some form of goodwill gesture. If they go about this in the correct manner they will be very likely to get some sort of redress. If they go in arguing law, then Argos will just likely not listen.

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OK, seeing as the sleeper cells have stirred, and are attempting to muddy the waters.

 

As it is longer than six months since you received the goods, the onus is on you to show that they were faulty/incorrect/not as described at the time of delivery.

 

As you can clearly show that they were not as described at the time of delivery then you can request a 'repair', 'refund', or 'replacement' from the retailer.

 

If they continue to refuse & ignore the consumer rights act then you have six years in which to bring a small claim against them.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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The law is not the right tool for the job in this case. You are totally correct in your quote, however that applies to faulty goods. We are not dealing with faulty goods here. The item isn't faulty at all, just not as described. The purchase was made when SOGA was active. SOGA advised that misdescribed goods could be returned within a "reasonable" period. This was never defined on a specific timescale. When the Consumer Rights Act came in 1 October 2015, the misdescribed clause was pinned down to a specific timescale - 30 days. It is highly likely that if this case came before trading standards they would use a similar sort of timescale.

 

Argos is massive, with many stores, and warehouses. I am sure that somewhere at the back of beyond somebody would be able to find two panels of the colour that you want.

 

So, my suggestion for the best solution is as follows. Go into the store and find somebody who looks like they may be sympathetic. A middle aged woman is usually your best bet. A group of two or three of them together is usually even better. Tell your story and go for their sympathy. "You'll never guess what I've done... I've been ever so silly..." If you can include an old person, ill person, baby, or wedding in your story even better. Blow a little smoke up their ass. "You've always been really good to me before... You've always known what to do..." Offer to help (even though you won't have to, make a token gesture) "I'll pay part of the shipping costs if you can find them from somewhere..." The middle aged women will be falling over themselves to help you, just because they can. Quite likely they'll move heaven and earth because they'll be picturing themselves in the local paper with you, posing with the panels they've managed to track down from the other side of the country, underneath a headline saying "Aren't we F***ing Great!"

 

Go in there quoting the law and they'll likely just put up a wall and tell you no, the law isn't with you this time. It's with them. Remember the old saying, You'll catch more flies with honey than you will with vinegar. I hope you get a solution.

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Even under the SOGA you still have six years in which to bring a claim against them.

 

It is very wise to keep everything in writing or email, unless you can record your calls?

 

The 'reasonable period' under SOGA will depend on the specific circumstances, but the benchmark would usually be three to four weeks.

 

So contact head office, in writing or email and explain the circumstances, and that you have only now just opened the items, to find that the order is incorrect.

 

Do they have the correct parts in stock that you can replace, or will they give you a partial refund on the item you bought to reflect the incorrect item colour?

 

You're not quoting any law, you're simply exercising your consumer rights and knowledge, the time to escalate the issue is if they continue to show no customer service.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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  • 2 weeks later...

UPDATE AND RESOLUTION

 

 

Hi Everyone

 

 

Thank you so much for all your advise & tips. You've all been really helpful. I am very pleased to say that after writing 'a very nice letter' to the CEO of Argos at Head Office and sending it Signed For 2 weeks ago as you suggested I have today received an e-mail from The Directors Office apologising and saying that although they are not liable they will however arrange collection and full refund.

 

 

I am delighted and would advise anyone else who has an 'Argos' issue to try this. I didn't quote any laws or acts in this initial letter and it did the trick.

 

 

Thanks again

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I am really pleased that you have got a resolution that is to your satisfaction. I think you have just proved that however many laws and legislations exist, if we just talk to each other as human beings and be reasonable towards each other then anything is possible. We don't necessarily need laws and regulations to treat each other nicely and appreciate the other's point of view. All the best.

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