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Girlfriend bought an MP3 player on saturday, theres a problem with it, half way through a track it just switches off, batterys okay tried a different one etc.

 

As well as that she's decided she doesn't really like it, she wants a different one thats £10 dearer. Dont ask!

 

She's thinks if she returns it with the fault they will just give a direct replacement, - or does she have any right to ask for a refund or a credit note or is this up to the retailers discretion.

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Refund. 100%.

 

Read this and learn by heart, it will come in very useful. I carry a copy of it in my handbag at all time in case of belligerent sales assistants.

 

http://www.tradingstandards.gov.uk/cgi-bin/calitem.cgi?file=ADV0043-1011.txt

 

Then read this, which will reassure your g/f:

 

http://www.tradingstandards.gov.uk/cgi-bin/calitem.cgi?file=ADV0050-1011.txt

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If it's faulty there's no contest anyway, but Argos used to have a 16-day no-quibble refunds policy. I do not know if they still have this policy or not.

 

 

Edit/Update. From the current Argos catalogue, page 1642:

 

"Most of our products are covered by our no-quibble 16-day money back guarantee. Return them to us UNUSED and in their original packaging and we'll give you a refund or exchange" (Items not covered, DVDs etc, are clearly marked, it says, in the catalogue)

 

However, in the case of faulty goods they say return it within 30 days and they will offer a refund, replacement or repair OR return it within one year and they will "usually offer to repair it for you" or offer a replacement if they can't offer a repair.

I only mouth my opinion, please look elsewhere for sensible advice! :)

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Good have to be of "Satisfactory quality". The test for this is what a reasonable consumer would believe was satisfactory.

This is a wide test which seems to be weighted in favour of the consumer.

What it means is that you can expect that your goods to be working properly for a reasonable period of time.

If goods are faulty then you have to ask how faulty are they. Some cosmetic defect? or broken down completely. Almost new or a couple of years old. You have to work out a balance in your own mind. If it doesn't seem right to you and a few of your friends then it probably is not of satisfactory quality. However, you may have to get a judge to agree with you.

Finally, if the goods are not of satisfactory quality then what are you entitled to expect from the seller?

One again it depends on the circustances. If the goods have never worked or failed quite shortly after they were purchases then you are most likely entitled to a refund. This means your money back. you don't even have to accept a replacement. or a credit note. You can say that the contract has broken down. The very reason for which you paid out your money has been undermined.

 

On the other hand you may have had the goods some time and had some good use before the defect became apparent. In this case you are probably only entitled to a repair or a replacement as it is possible to say that the contract is still working - but in a niggling sort of way.

 

The liability is ALWAYS with the seller and sellers who refer you to the manufacturer are falling in their statutory duty and in their customer service and you should tell them so.

This is a rough summary of the effect of s.14 Sales of Goods Act 1979 (amended).

 

I expect that you GF will get a refund if she wants it. If she is slick, she may be able to negotiate the more expensive one as a rpelacement if she explains to Argos the trouble which she has been to and maybe the cost of returning to the shop.

 

You say that the player which she wants now is £10 more. I like to remind shops in these cases that letitng you have a player £10 more doesn't actually cost them £10. They probably paid £5.00 for it so the cost to them is £5.00 but value to you is £10. This would produce a win/win situation. Always a good place to get to. But many large shops don't understand this kind of economics.

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Okay thanks for that, trip to Argos this afternoon then !

 

As a matter of interest, what is the situation if there was no fault on the goods.

 

Has the consumer any right under SOGA to return the goods for refund if they have simply changed thier mind, i.e. a cooling off period.

 

I think i've heard this before as something to do with distance selling, i.e. mail order and the internet. Does it apply to face to face transactions also?

First Direct, £4031 Recovered

Halifax, £953 Recovered

MBNA Credit Card, £120 Recovered

American Express, £160 Recovered

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same link as I gave you above:

 

"When are you not entitled to anything?

 

  • If you were told of any faults before you bought the goods.
  • If the fault was obvious and it would have been reasonable to have noticed it on examination before buying.
  • If you caused any damage yourself.
  • If you made a mistake, e.g. you don't like the colour, it is the wrong size etc.
  • If you have changed your mind about the goods, or seen them cheaper elsewhere. "

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No fault - no rights. then you have to rely on retailer good will.

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A while ago I wanted to upgrade my Orange mobile phone and I understood that I could return it within 14 days if I wanted to for any reason. However they had none in stock, but told me i could get one from any Orange shop, which I did.

 

I didn't like the phone. However when I tried to return it to the shop they said they couldn't accept it as it was not faulty. I argued that on the phone they said I could return it, but I was told that this was only true for mail order/internet purchases because I had the chance to inspect the phone in the shop had I chosen to do so.

 

Trading Standards confirmed that the Distance Selling Regs were different from buying from a shop, and that the Orange shop were correct in refusing my refund unless the goods were faulty.

I only mouth my opinion, please look elsewhere for sensible advice! :)

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  • 4 weeks later...

spotted the post on the site with regards to your mobile phone. As i work for the company as a Manager in question...the info provided is actually incorrect in the store.

 

Although exempt from the 16 day returns policy...there is a requirement of a 14 day cooling off period on all mobiles and 28 days on Virgin phones! So if you change your mind we send the phone back under this clause. Its not advertised anywhere in the catalougue....but is in the returns procedure for phones on the internet which we all have access too.

 

Suggest you try it and get manager to check his intranet

 

good luck!

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  • 12 years later...

This topic was closed on 03/07/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

First Direct, £4031 Recovered

Halifax, £953 Recovered

MBNA Credit Card, £120 Recovered

American Express, £160 Recovered

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Blackpool Council, £190 in unlawful parking tickets

Carstoppers. £50 from the cowboy clampers

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