Faulty Nintendo DS bought from Argos - HELP PLEASE

[jays]

Originally purchased from Argos on 28.8.2006, still have all packaging and till receipt, purchased using debit card and store vouchers.

 

This item is showing an intermittant fault with one of the buttons, (it appears to lose contact every now and then, we are slightly concerned that as the fault only shows after extensive play, on testing this may not be found.)

 

Returned item to store requested replacement, advised to call Nintendo and was given the telephone number, called Argos customer care who only empasized that the item needed to be returned to check that the fault was not caused by mis use and we were informed that if genuine fault was found this would most probably be repaired.

 

Contacted Nintendo hoping for better news but was told of a 4 to 5 week delay for inspections.

 

Spoke to Trading Standards who have confirmed that they have a right to do this and the delay at Nintendo is not unreasonable. After seeking further advise we sent letter to MD at Argos advising that fact that as the goods were less than 6 months old we were rejecting them as not fit for purpose, we gave them 7 days to resolve this matter or we would proceed to small claims court.

We received a telephone call next day from a lady in the Chief EX office. After explaining it all again she telephoned the Store where this was purchased and them called me to say that I could take it to the store and they would send it back, she said that it would not be 4 to 5 weeks but 'about a week'.

We requested this in writing and have received a letter that states;

 

'the console will need to be sent to Nintendo by your local store for further examination to establish the nature of the fault before any further action can be taken'

 

We note she has not confirmed in writing the timescale that she mentioned verbally.

 

Please can anyone advise us on this, what rights do we have?

Do they have a right to insist on inspection?

If we take this to small claims court do we leave ourselves liable for costs in the event of losing?

 

Apologies for length of post but essential all details were given. Thanks in advance.

[MrShed]

Within the first 6 months, the onus of proof is on the retailer to show the damage is not a manufacturers fault, not on you to show that it is. They CAN send it away, but they should do it on your behalf, and indeed I am surprised that any Argos store has told you to do it yourself - never used to be the policy when I was there for small items such as this. Anyway, they will not be able to guarantee a timescale as low as one week, as it is entirely dependant on third parties.

 

In my opinion you cannot return it as not fit for purpose at this stage.

 

Have you tried taking it to a different store? What region are you in?

[jays]

Thanks for reply,

 

In 1st instance sent us away with Nintendo phone number, has since offered to send goods away for us. We are not happy with Nintendo time scale or that they will even find the fault.

 

We feel all the way along Argos have tried to mislead us, we were firstly told to call Nintendo as they would deliver new item & pick up old. Now were been told about a week when Nintendo told us 4 -5 weeks.

 

Can't believe all this over a relativly cheap item.

[MrShed]

Argos could use an independant repair service, so the timescales could be different.

 

Again, what area are you in?

[jays]

Argos could use an independant repair service, so the timescales could be different.

 

Again, what area are you in?

 

 

PMed you:)

[MrShed]

Sorry had area PM'd - shame you are not in my neck of the woods, could have told you the best managers to speak to!!

 

The problem appears to be that Argos have discontinued the item, making a replacement a non-option. How much did you pay for it? You could always ask a store to source one for you, it is quite possible that another store still has one - these discontinued lines are called RO lines. If it is out of the area, you could ask them to perform a stock transfer for you. All of this is of course assuming you can persuade them to not send it away for repair.

 

Your options, with regards to dealing with Argos directly, are threefold IMO:

 

- Allow them to send the item away for repair.

 

- Attempt to persuade them to replace the item, by sourcing it at another store.

 

- Accept a refund in gift vouchers for the item, or an exchange towards another item.

 

I think you will struggle to get the second option(it is managers discretion to perform a stock transfer, and each one requires a full one of those 6 foot tall cages - they are not going to do that for a nintendo ds!), and you will severely struggle to get a full refund in the same initial method of payment unless you first co-operate with the repair facility.

 

I would probably try another store, with regards an attempt to get a gift voucher refund.

 

Bear some things in mind:

 

- Apart from mobile phones, repair facilities for other items at Argos are not as strictly enforced as the company would like. Store policies tend to vary, as do the policies of individual operators.

 

- If an operator states that they will have to send it away for repair, speak to a manager. You will not be able to change their mind - managers have a lot of discretion available to them however. Do not settle for a team leader though, they are fairly toothless in the organisation.

 

- You could try going to get to the customer services a few minutes before a shift changeover. No advisor wants to get held back, and repair paperwork always used to be a bit of a nightmare - not sure if it still is. Therefore they might be more willing to just sort it out and close the matter.

 

- There is an unwritten rule that the shouting and bawling customers get nothing extra, unless the item is VERY low value. Therefore, the best policy is to be polite and respectful(after all, these people are only following procedures laid down from above), calmly explain the position, and if they can do nothing for you simply thank them for their time and inform, but NOT threaten, that you may have to discuss the issue with trading standards or similar.

 

Please bear in mind however, that this is all with an aim to encourage Argos to make a GOODWILL gesture - in my opinion, their legal obligations have been filled by offering a repair. It may be worth sending the item away for repair, as if it still does not work, you will be in a much stronger position, both within Argos procedures and legally, to demand a refund.

 

*EDIT* thought I would add in, for point of reference, that it may be considerably easier to get stock transfers and the like in the north east - my neck of the woods. The entire region was in something of a state of flux about 4 years ago, which led to a lot of relocation of staff - closing and opening of stores, promotions etc. As such, many of the established staff have been at at least 2 or 3 stores(for example I personally worked at 4 stores during my time with the company), and so most people know several people at other local stores, and so are more willing to work in conjunction with other stores. Again as an example, I personally know closely staff working in at least 8 stores in the north east, and would often use these personal relationships to sort things out for the customer - and I know I was not the only one!

[blitz]

Nintendo are one of a few companys that explicitly say "Not guarenteed 16 day turnaround". However the argos store should send it off from the store at no cost to you, and ideally offer you a repair or replacement.

With the discontinued DS' a silver DS may be sent out from nintendo as a replacement.

I am in the south (again feel free to pm area), but as it is over a month it is more then likely it will be a repair as a replacement isn't possible.

 

I would sudgest complaining about the store over being misled, the item does go off to nintendo, and the timescale for 28 days is correct. Its out of our hands unfortunatly.

 

The other alternative however is upto discression (though if you show how much you have been mucked around there is the chance), that it could get replaced for one of the DS lites, depending on the price difference (I.e may have to pay the small difference if there is one)

[jays]

Sorry, just to clarify as was not clear in our 1st post this is the lite version, so therefore not discontinued.

[rosiecotton]

Spoke to Trading Standards who have confirmed that they have a right to do this and the delay at Nintendo is not unreasonable. After seeking further advise we sent letter to MD at Argos advising that fact that as the goods were less than 6 months old we were rejecting them as not fit for purpose, we gave them 7 days to resolve this matter or we would proceed to small claims court.

 

I don't know who you sought further advice from, but they were wrong - you do not have the right to reject the goods outright for a full refund. The law generally only allows a short period of time to do this (Google Bernstein v Pamson Motors as case law for an example), in cases like this only about 2-3 weeks.

 

After this time has passed the trader is within their rights to offer a repair or replacement in the first instance, and you cannot demand which of these they should offer. Any repair should be carried out within a reasonable time, although this is not specified in law. A reasonable time for a fridge, for example, would be shorter than a reasonable time for a games console. The best thing is to discuss what sort of timescale they are offering and if this is likely to be construed as reasonable by a court, to get this down in writing and state that if the repair is not done by the agreed date you will seek a replacement instead, or rescission of the contract.

 

Rescission is basically a refund less an amount for any wear and tear you have had from the product, but you cannot demand this without first giving the trader a reasonable opportunity to repair or replace.

 

It is reasonable for the trader to be allowed to inspect the goods to establish a fault.

[MrShed]

As point of note, it is generally Argos policy to replace if they do not stick to their timescales - although again, this tends to be unwritten!

[lillboy]

Hi

I am personally going to speak to someone highly connected with argos tommorrow. I will ask him if there is any course of action you could take to get this resolved.

I think the replacement policy is the same for most other large retail stores; that if faulty you can have a refund or replacment within 28Days of purchase otherwise it is then sent for repair if unrepairable then replacemnt offered.

What region are you in.