Need advice about argos purchase

[Mr-Boink™]

Hello.

Hoping i can get some advice regarding a faulty refurbished 32" lcd tv i bought from argos seconds on ebay.

 

I'll try to keep it short.

 

I bought a tv and it arrived damaged.

 

Argos arranged collection and gave me a replacement but that too is also faulty.

 

I opened a dispute on ebay and argos initially cooperated in replacing it,

but they started ignoring me and didn't respond to the case.

 

8 days later i escalate the dispute to a claim and ebay are saying i will get a refund if i send it back at my own cost.

 

It's going to cost me at least £20 to send it back and of course there is the risk of it getting smashed just like the first one they sent.

Where do i stand on this?

It's supposed to be guaranteed by argos for 6 months but i'm disgustd that argos are ignoring me and the fact that i have to return it at my own cost and own risk.

 

Please help. Thanks

[citizenB]

I would take photographs of the damage and each stage of packing.

 

If you can find a box that is slightly larger than the one it came in then pop the item in the original packing inside the larger box. You can use shredded newspaper all round the inside of the larger box which will protect the item from any further damage.

 

I doubt you will get any support from Ebay - if they say you will be refunded on return of the item at your expense, then that is what you will have to do.

 

I do not know if you are protected by any other Consumer regulations. I will send out an S.O.S. for you

[dx100uk]

yes covered by soga

 

how do you pay ebay?

 

dx

[Mr-Boink™]

Thanks for replies. I paid with painpal.

[raydetinu]

If it is faulty, the return postage should be refunded to you as well, see DSR regs. ( only if you bought on buy it now ).

If it was in an auction then ebay rules apply.

[dx100uk]

how do you pay paypal then...

 

dx

[Mr-Boink™]

how do you pay paypal then...

 

dx

i used my credit card via paypal

[dx100uk]

brilliant!!

 

use section 75 then.

 

 

http://www.financial-ombudsman.org.uk/publications/ombudsman-news/31/creditcards-31.htm

 

dx

[raydetinu]

As far as I am aware this cannot not work, as payment is not paid direct to the seller!! it is paid to paypal ( third party ) who then pay seller so not covered.

paypal have buyer protection as well as ebay ( same co. I know, but worth a try! ).

If won at auction. your rights are limited.

[ericsbrother]

ARGOS know very well that the DSR's of the SoGA apply to them. get back on to them and tell them that their telly is avaiable for them to collect by arrangement and you expect a full refund as per their obligations in law. If it was more than 15 days since you paid you can do a recharge via your bank. They are generally a bit slow on the uptake about their obligations with thsi but is has been their duty to do this for over a year so dont take no for an answer. You will probably have to fill out an indemnity form so Argos chase you rather than them if you are trying it on.

[raydetinu]

DSR does not apply to items sold at auction, unless buy it now or second chance offers,; see ebay rules.

However SOGA may from a business seller and the goods weren’t of satisfactory quality, fit for purpose or as described.

Edited July 17, 2013 by raydetinu

[Lucky7even]

Under the Trades Descriptions Act you are entitled to a full refund or a replacement if the goods were faulty.