Argos dodgy dealings

[Sorcerer]

Hi all.

 

I bought an mp3/video player for my daughter from argos 16th dec it has now developed a fault so i know im entitled to a full refund there is no argument about that but i dont want a refund i want a replacement however there is no stock available and after a phone call to customer services find out that this item will not be in the new catalogue so will never be in stock can i insist on a replacement ? after trawling through numerous sources re the sale of goods act nothing states anything about not accepting a refund.

 

The thing is we are on very low incomes and cannot afford to pay extra to replace this with a different player that has similar features but is more expensive is it not a bit suspect that they sell thousands of these mp3 players just before christmas and then when they go wrong within a month to replace it with a comparable item you need to spend more because they have miraculously run out of stock and will not be restocking the item i think this is ludicrous especially just after christmas when its probably the busiest time for faulty returns ????????.

 

Im going to try talking to the manager about it first but am i well within my rights to accept nothing other than a replacement or do i have to accept a refund ?

 

hope this made sense im rather p33d off at the moment because now the xmas present we got for our daughter is useless and we cannot replace it with something similar sure theres plenty of mp3 players out there we could replace it with but not with video

[PGH7447]

I believe You can ask for a replacement to the same or more value

[electron99]

So Argos are out of stock and not restocking - possibly because the manufacturer is not making any more (i.e a special purchase/manufacture)

 

Where do you think they are going to get the replacement from?

 

Legally Argos need only refund your money and there is very little you can do about it.They may as a goodwill gesture offer a higher priced replacement, but they don't have to.

[gyzmo]

It is easily arguable that you are not entitled to a refund, as the length of time that has passed will probably constitute acceptance of the goods.

 

Argos could also argue for a repair. If they are offering a refund I would grab it and run.

[hightail]

It is easily arguable that you are not entitled to a refund, as the length of time that has passed will probably constitute acceptance of the goods.

 

You may well be right but I'd expect an such an item to last more than a month. I'd have thought the customer was entitled to a refund rather than having to 'grab it and run'.

[gyzmo]

There are three circumstances where you are entitled to a full refund:

 

1. Where the contract allows for it or the seller agrees otherwise.

 

2. Where goods are rejected under Sale of Goods Act 1979. This can only be done where the goods have not been accepted - which is basically had enough time examine the goods to ensure they are what you paid for. It does not, however, have any relation to expected lifespan. The full refund comes from recission of the contract. If goods have been accepted, then it is damages that you can claim. This links in with....

 

3. Claiming under Part 5A of SoGA. Where goods do not conform to the contract, the seller, not the buyer, can choose in order, repair, replacemen or pro-rata refund depending on convenience and the "proportionateness" of the chosen remedy compared to the others.

 

It is no. 3 which applies to you (no.2 does but it is not the most popular option). Argos could have chosen repair - it could be argued against of course. In the absence of replacement, it leaves a refund, which is proportionate to the length of time you have had it for. Given that it is not very much, it will be near the full amount.

 

That brings me back to my first bit of advice. Grab the dough and leggit.

[hightail]

It is no. 3 which applies to you

 

None of it applies to me other than I read this site to learn and in order to do so sometimes ask a question.

[gyzmo]

All of it applies to you as it is a very brief explanation of your rights in this scenario.

 

I am sorry if you do not like the answer, but this site is not here to provide what you want to hear regardless of accuracy or reasonableness.

 

What I have said is accurate and, I believe, a decent short summary of your options, along with my opinion of which would be the best solution.

 

There are of course other opinions, but opinions are different to facts. And there is lots of useful info on here and you are of course free to ask questions.

 

Ignoring facts though is perilous.

 

I hope it gets sorted for you.

[hightail]

I hope it gets sorted for you.

 

I think you are mistaking me for someone else