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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

to be a bit hmmm about this store's returns policy?

39 replies

BinkieWoo · 01/01/2014 18:42

I bought a coffee machine from a large retailer yesterday. Today I opened it and set it all up, followed the instructions to the letter and it broke on the third go!

The store we bought it from isn't open again until tomorrow so I'll take it back then but I'm a little bit suspicious about the fact the receipt has a bit printed on the bottom saying that the manufacturer is responsible for all aftercare. I will be so angry if they refer me to the manufacturer for a repair - if it can only make 2 cups without breaking then it's clearly not fit for purpose?!

The returns policy says that the store will only refund/exchange faulty goods if they are "returned in the original packaging, totally intact and in a saleable condition". Well firstly it came with some sample coffee pods which have been used and secondly surely any faulty good is never going to be in a saleable condition if returned to the store?! If it were saleable then the customer wouldn't be returning it!

Am I missing something really obvious here?!

OP posts:
gordyslovesheep · 01/01/2014 18:45

the shop should replace or refund I think whatconsumer.co.uk/shops-responsibility/#axzz2pAq8z521

RonaldVilliers · 01/01/2014 18:45

They should refund you if it's faulty regardless of being in packaging etc.

londonrach · 01/01/2014 18:46

Comes under faulty goods. Dont worry return to store and dont leave until money us returned in full not shop credit. X

londonrach · 01/01/2014 18:47

Is not us x

SPSJSAT · 01/01/2014 18:48

The retailer is reaponsible, not the manufacturer.

The terms laid out in your penultimate paragraph can only be enforced if someone is returning something because they've changed their mind. They are unenforceable with goods that are faulty.

pudseypie · 01/01/2014 18:48

Under the sale of goods act they are equally responsible as the manufacturer to give you the refund. As you only bought it yesterday I can't imagine the retailer, especially if a large chain, will argue with you. They will be getting a refund from the manufacturer.

marvindarvin · 01/01/2014 18:49

Gordy is right. All you need is to refer to the Sale of Goods Act, the fact that the contract is between you and the shop (whether they then refer this back to the manufacturer, between themselves afterwards is none of your concern), and it's not "fit for purpose" (specifically worded).

Focus on what you want to be done instead (replacement? refund?) rather than disputing whether they should engage in the remedial action. Don't spend 30 minutes wrangling over whether they're the right party to go to tomorrow, they're wasting your time if they do.

Note that you may have to ask for this to be referred to a manager if you get any hassle - depending on the shop, I've seen that lower-ranked staff genuinely didn't know what I've been talking about, it's as if they either haven't had training or they've been told something incorrectly during training.

A manager should (should!) know the law/your stat rights in this instance.

And if a manager doesn't, that's time for a complaint via formal means. But I'm sure it wouldn't come to that.

Shakenbakep · 01/01/2014 18:51

Does it state anywhere anything about statutory rights?

Doesn't matter if it does, just curious as otherwise it's against the law.

When you buy something from a shop, you're entering a contract of sale with them not the manufacturer. Do not let them do that to you, if you have bought it from them and there's a problem, especially within 6 months, they should replace it without an argument.

Any trouble, just drop 'sales of goods act' into your conversation. I've found it gets it done, as they then realise you know what your rights are, and give up. Check out Martin Lewis, he's got a great section about all this on his site

BinkieWoo · 01/01/2014 18:52

Thanks all, and SPSJ I thought so too, but it definitely says that with regard to faulty goods which is what I thought was weird and I can't imagine any situation where anyone can fulfil those requirements!

You've all said what I thought was the case so fingers crossed for tomorrow...

OP posts:
BinkieWoo · 01/01/2014 18:53

Shake it gives all the usual guff about stat rights unaffected etc. It is a huge chain so very doubtful anything is unlawful in their Ts and Cs.

OP posts:
noeyedeer · 01/01/2014 18:53

www.which.co.uk/consumer-rights/regulation/sale-of-goods-act

"You have the right to reject your item and get a refund within four weeks of purchase."

There's a letter to use a template at the bottom of the page that might prove useful if the staff are unhelpful in store.

marvindarvin · 01/01/2014 18:56

Let us know how you get on!

Roshbegosh · 01/01/2014 18:57

We had that when we bought a hoover at Argos. It broke against the skirting board on day 1 and they referred us to the manufacturer who said I shouldn't have banged it against a skirting board. I should have taken it further but wrote it off as I am too busy to take this sort of thing on. I just went to JL for a better machine and better service.
Never have or will use Argos since. Ultimately it will cost them more than it cost me.

BinkieWoo · 01/01/2014 18:59

Oh no...guess where I bought it Rosh!!

OP posts:
JollySantersSelectionBox · 01/01/2014 19:03

But how are you supposed to know this particular clause which they want to instigate outside of the law, if they only print it on a receipt which concludes a normal transaction. Confused

They should state it clearly before you pay surely?

Just go crazy shouty in the shop if they refuse OP.

Roshbegosh · 01/01/2014 19:07

Well good luck, maybe I was unlucky or not persistent enough. Let us know tomorrow. I think a refund was one thing but because I said it was faulty it was handled differently. I had read the reviews on the hoover and it was reduced in price but in the end I just had to pay more for a better model at JL.
Hope they are reasonable with you at Argos.

YouTheCat · 01/01/2014 19:10

I have never had a problem returning stuff at Argos ever.

Shakenbakep · 01/01/2014 19:11

I believe (and somebody do please correct me if I'm wrong) that getting a refund for faulty items (or a replacement) within the acceptable time limit IS your statutory rights l, so you should be fine.

One of our sofas broke 11 months after buying them from Argos, they couldn't replace them exactly as they were discontinued however they did replace them with something of my choice, which was cheaper and I got the rest refunded, so they're not always ogres

MrsDavidBowie · 01/01/2014 19:12

We had the same situation with Argos over a faulty electrical item.
It was a karaoke machine when dd was 9..... i had the receipt, it was 8 weeks old but they refused to exchange it.

I have never shopped with Argos again and that was 8 years ago.

oadcb · 01/01/2014 19:12

I'd returned faulty items without an actual receipt before to Argos and got voucher or replacement. Proof was nectar points redemption statement or bank statement.

Any problems get manager or them to call head office in front of you. If they won't budge get them to put it in writing then go trading standards

lemontwist · 01/01/2014 19:15

They should replace/refund without question. I've usually had a pretty good experience with them and just recently they were great replacing DM's broken iron when it had just gone outside the 12 month warranty.

Roshbegosh · 01/01/2014 19:18

They just referred me to he manufacturer who said it was my fault basically. I thought Argos should have dealt with it, like when you buy at JL, Debenhams or anywhere else, the retailer takes it back and deals with it.
I am pleased for other posters who have had better experiences but I think Argos are shite.

eurochick · 01/01/2014 19:20

Your contract is with Argos, not the manufacturer. They should then follow it up. The receipt wording sounds like it is trying to deprive you of your statutory rights - this is not possible so don't be fobbed off.

worley · 01/01/2014 19:23

I've noticed when I've had to shop in argos this month (ds2 had some gift vouchers) that both times they told us the items he picked were non returnable. They were sky landers so not too expensive but they are telling people before they've brought the items they're non returnable..
This has out me off using them as it almost felt like a warning when I brought them but had no cx choice to use up the vouchers there..

Mabelface · 01/01/2014 19:32

Rosh, the 30 day money back guarantee in original undamaged packaging is for non faulty items. A faulty item doesn't need to be in the packaging. I work for Argos and I can honestly say that this will be replaced or refunded. With regards to non returnable, it's only on certain items which could be used and then returned stating that they are new and unused. Stops customers "borrowing" items.