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Argos Refusing to refund faulty phone


Paul1954
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Hi.

Bought the wife a Fitbit for Xmas from Argos.

I got her a nice cheap Android to go with it to check Fitbit and her Facebook.

Vodaphone Smart mini 7.

 

Spent hours trying to connect and register etc. with Fitbit and Facebook apps. It just kept crashing.

 

Took it back and asked for a refund as it was not as described and not fit for purpose.

 

Cocky manager said the phone was fine and not powerful enough to use those apps on.

 

I pointed out it didn't say that on the box or their site.

 

He said it was up to me to check the phone specs before installing an app, and to check them against the app I want. (Processor, 3g/4g , OS etc)

I asked who does that? We buy an android phone and expect it to run apps from the playstore.

He was having none of it.

 

No refund because I'd opened the box and the phone wasn't faulty.

 

Tonight I've had a closer look at their description of the phone -

 

'Have a complete Android experience with full features.'

'With Google Playstore you can fully enjoy the access to over 1m apps including Whatsapp, FACEBOOK, Instagram and many more.'

That'll be the Facebook he said it wasn't designed to run.

 

Tonight I rang Customer Services.

 

He couldn't help because he said if the manager won't refund me they can't overrule him.

 

He suggested taking it to a different store and try a different manager?

 

The store I picked it up from is in my old home town 80 miles away, where I was visiting family.

 

However, I will be going again next week.

 

I've printed off the description to take with me.

 

Can he still refuse to refund me?

 

Plus, I bought it online, via Fastrack.

 

I know there are a few more rights with buying online but not sure if they apply.

 

Although,

I would love to wipe the smug smile off the managers face as he watched me turn away, apparently defeated.

 

Thanks for any advice.

Paul

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what date did you purchase it?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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you are within 14 days

under CRA you can totally reject it and ask for a full refund without reason.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Many thanks to you both.

I've also now looked at the CRA.

I've read through the (many) relevant sections and it seems I've quite a few areas where I'm entitled to a refund.

Although, I didn't notice the one about a refund for no reason?

I think I'll go see the manager again armed with all this.

I just want to see his smug face droop.

Failing that, I'll email head office.

Many thanks once again.

Paul

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you are within 14 days

under CRA you can totally reject it and ask for a full refund without reason.

 

dx

 

Click and collect is different from.purchases that are made online.

You can inspect the goods instore where as true online purchases are inspected at home.

Does not change the fact its not fit for purpose but if you bought I at Argos you can return stuff up to 28 days with no reason ( I believe)

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Hi sgtbush.

Not sure about that, but I could be wrong.

If you buy from Ebay you can choose to collect from Argos.

 

Argos are now opening branches in Sainsburys.

 

I bought from John Lewis online the other week and had it delivered to a local Bargain Booze.

 

Many retailers offer many options of where to collect from.

Which surely is a form of click and collect which you highlighted?

I'd hope that the online purchasing part of CRA is not dismissed because of this.

 

I've never seen anyone collect a parcel and open it in the shop.

Everybody waits until they get home with it.

It's been bought online but inspected at home.

 

Unless by collecting at a shop is a way for the seller to involve a third party, which complicates things judging from my first ever browse today through CRA.

 

Would it be they do it to get out of their CRA responsibilities?

 

Or would it make no difference where it was collected from if the payment was made online to the supplier?

 

Food for thought I suppose.

Regards, Paul

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you paid online

 

end of

 

you are or were within 14 days

 

full refund please you don't need any reason.

 

wish people would read what info people post before offering conjecture

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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it make no difference where it was collected from (ie delivered) if the payment was made online

correct, the distance/online selling rules wld apply. :)

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Just been to see manager. Quoted everything from CRA. I'd printed it off.

Told him i didn't need a reason.

 

He said he couldn't refund unless it was faulty.

He said he knew the consumer act because Argos had given him legal training to deal with these matters.

Told him I had further rights re paid online.

 

He then spent 20 mins setting up an account on Facebook.

Which worked!

 

I asked him to do the same with fitbit

but he said their description didn't specifically mention fitbit only Facebook.

 

I left with my tail between my legs.

And a recording of it all.

 

Should I just appeal to head office's better nature now.

Sorry for the layout done this on my phone.

 

Regards Paul.

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yeah, if an item has been actually used (rather than just 'inspected'), (and is deemed not faulty, nor unfit etc,) it may be more tricky re the 14 days distance/online rule.

if it was faulty, unfit, etc, then the cra wld apply re such.

but, as has been mentioned on thread, argos used to be good doing a refund in any event under their own 28 day terms?

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https://www.consumeractiongroup.co.uk/forum/showthread.php?466442-Can-anyone-advise-re-returning-a-television-bought-online-from-AO.com-***Resolved***

you do not need any reason [i'e faulty] to return goods paid for online within 14 days of receiving it for a full refund

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

So are you saying the advice given on here about not needing a reason is incorrect. Regards Paul.

no, the 14 day 'no reason' applies to distance/online. it doesn't have to be faulty etc.

i was referring to where an item has been used.

and, if an item is faulty/unfit etc then the cra would apply generally anyway re such issues.

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ps, see the thread linked posted by dx. the company there being 'tricky' about an 'used' item returned under the 14 day. that's the sort of tricky issue i was referring to.

amazon, for eg, have a similar (though they add the 'exception') discreet 14 day term saying '...may be liable if the value of the goods returned diminishes due to the handling of the goods (except when it was necessary to establish the nature, characteristics and functioning of the goods).'

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Not sure what part of no reason needed for a refund the 'manager' and you are having difficulty understanding?

 

Take the thing back, with the box and all of its ancills etc, and demand a refund, NO REASON is needed, if he wants to pratt about trying to get this that and tother working, then so be it, but you couldn't care less and he can fanny about with it to his hearts content when you've left the store with your refund!

 

I'd be getting the name of his area manager too, and informing them that this clown needs training to be in the position of managing a store.

 

If you paid via card, then you can do a visa debit chargeback, AFTER you have dumped the phone back with the store.

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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and, here is argos' term re the 14 day

'...You can cancel anytime from placing your order up to the end of a period 14 days after you take possession of the goods (or in the case of a multiple order, the last part of the order).

Please take reasonable care of the goods, we are entitled to deduct an amount from the refund to reflect any loss in value of the goods supplied, if the loss is the result of unnecessary handling of the goods by you..Please make it clear when you cancel that you are cancelling under the Consumer Contracts (Information, Cancellation & Additional Charges) Regulations...'

the only issue wld be if they try and be 'tricky' re a 'loss in value' as its been used.

 

ps

if all else fails iwonder if this wld work (in their terms). (has anyone tried this type of resolution)

'We always look to resolve issues directly with our customers and our teams will be happy to assist with your queries. Under European Legislation, if you are not satisfied with the way that we propose to resolve any issue you have with a product you have ordered via our website or by telephone, you may raise a complaint with the ‘European Online Dispute Resolution Platform'. You can raise a complaint by following this link http://ec.europa.eu/consumers/odr/.'

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  • 2 weeks later...

Update on outcome....

 

Firstly, I understand the term 'no reason' perfectly well, thanks for asking.

Trouble is, after further enquiries to Which? and CA, that ONLY applies if the item has not been opened.

At least that's what they said.

 

Argos replied back yesterday.

 

Said I'd to take it back and they would look at it with me to see if it was a manufacturing fault?

 

Not happy and all fired up,

I took it to my local Argos, 80 miles away from the other one.

 

I was armed with my 'short term right to reject' and the rest.

 

The lady at the till could not have been more pleasant.

I explained the fault with the phone, and got out the letter from Argos.

 

I was also returning a faulty Fitbit - opened and used.

 

It recorded my wife's sleep pattern and heart rate in bed even when she wasn't wearing it.

Common fault I found from Google searches.

 

'No problem, Sir. Would you like an exchange for something else or your money back'.

 

She took the back off the phone to check the battery was there.

 

'Refund, please.'

 

'There you are Sir, it's back on your card now. Have a good day'.

 

How refreshingly surprising, compared to the manager at the other store.

 

I know which Argos branch I'll be using in future.

 

Thanks to all for your help.

Paul

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now write back to argos and tell them

also write to the store manager at the store that refused you.

 

well done

glad to help

 

please consider a small donation.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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