To expect Argos to replace a 2 month old faulty controller?

[Yayalala]

Does anyone know about consumer rights? I had an X box controller that has broken after 2 months. One of the joysticks is rattling around and doesn't work.

Argos have refused to replace it and directed me to the Microsoft website to claim through their warranty. I thought that my contract is with Argos and not Microsoft? Getting a replacement from Microsoft will take ages and I don't think it's fair that I have to fight to get it from them.

I spoke to Argos customer service and they said they can't override the store. That this is the correct procedure (directing me to Microsoft) although they could have given me a replacement if they had wanted to. They suggested I try a different store.

AIBU?

If it has took 2 months for it to break i dont think it would be down to argos.

Was it faulty when you got it?

I have a teenager and ive lost count how many controllers he has gone through

It worked fine when we got it but surely goods should last for a reasonable amount of time? 2 months seems ridiculous for a £50 controller.

As it's outside 30 days you can't force a refund, and have to give them an opportunity to repair or replace it. If that means they temporarily direct you off to the manufacturer then that's OK I think. Shame they can't just do a quick switch.

Argos are terrible for this. It is their responsibility not the manufacturers but they are awful for this. I don’t buy electrical a etc from them for this reason. Also they are prone to packing up reused items and selling them as new - broken boxes sticky taped up

Get in touch with Microsoft maybe. It's out of Argos' hands now as the refund period has expired. Explain to Xbox customer services what has happened (send pics of the controller maybe to show it doesn't look worn or used if that's the case, and maybe a short video of the controller rattling). They may ask for a serial number off the controller and deem it fair to send a replacement or fix it for you. Worth a shot. Deffo not up to Argos to fix it though, unless you got one of their own brand controllers.

It most certainly is Argos's responsibility to repair or replace faulty goods under six months old, however forcing them to actually abide by the law is almost impossible. How did you pay for it, was it in store or reserved over the internet? What payment method was used?

Is this not what the manufacturers warranty is for?

OPs contract is with Argos not the manufacturer.

Take it back to a different store, we had one replaced last month that was bought in August

Argos replaced a PS4 controller with no fuss when ours broke after about 3 months.

We bought online during lockdown and took back to a store and lost the email receipt.

Couldn’t fault them

The manufacturer's warrant runs alongside of the Consumer Right's Act and your Statutory Rights. You're within your rights to use either, but It's Argos who are responsible despite what they try and fob you off with.

Controller quality has gone right down the pan the past few years. Always worth paying a bit extra in case it breaks.

PS controllers are particularly irritating.

Why do people comment when they don’t know what they’re talking about.

If a product develops a fault within the first six months after purchase, it’s assumed it has been present since the time of purchase. This means it’s up to the retailer to prove it wasn’t there when you bought it.

Go back to the store and take a copy of the Consumer Rights Act 2015 with you.

@zoomin Please give me details of the legislation you are quoting. Do you know how dangerous it is to give advise that is nothing more than made up bullshit? No harm done on this occasion but seriously check yourself going forward.

Microsoft will fix it for, probably really quickly, they made the faulty controller so its their responsibility to fix it, it'll be a lot easier than you think, just call or e-mail them and they'll explain it all

@Tattoocrazymum

If it has took 2 months for it to break i dont think it would be down to argos.

That's incorrect.

If something breaks within six months, you have the right to a refund or replacement.

Getting a replacement from Microsoft will take ages

Why do you think this? They should be as fast as anyone else.

Wow! A lot of people unaware of their consumer rights on this thread.

You are right op your contract is with Argos, not Microsoft.

30 days may be their store policy for "no quibble" refunds but such policies don't override consumer law.

If you discover the fault within the first six months from delivery, it's presumed to have been there from the time you received it - unless the retailer can prove otherwise

From this article

www.which.co.uk/consumer-rights/advice/what-do-i-do-if-i-have-a-faulty-product#how-long-do-i-have-to-return-a-faulty-product

You have a reasonable expectation assuming the device has been used and treated appropriately to expect a replacement or repair (that Argos organise!) and if that's unsatisfactory in the first instance then a refund.

Their store policy doesn't supersede your statutory rights ever.

Good luck and stand your ground

Yeah but is it a fault? I've never known a stick to rattle around in its socket unless it's been thrown or sat on in my nearly 20 years of gaming. They don't just break like that on their own.

@gamerchick it's been used normally for 2 months, mainly at weekends. It hasn't been abused or sat on. My son was using it and it made a clicking sound and something must have broken. To me this is a fault in the manufacturing to not be able to withstand normal gaming for 2 months.

Thanks @Graphista I am going to try another store when it opens on 2nd December and fight my ground a bit harder. I have read stories about people waiting weeks for a replacement from Microsoft so I'm unwilling to wait that long when Argos could and should by law replace it straight away. Microsoft don't even have their Customer Service lines open or their web chat. It's all done by an automated system and I have little faith this will be sorted quickly by them.

Just buy a new one and take it back to Argos a week later and say broken, refund please. Make sure you can buy it online.

It’s for Argos to contact the manufacturer though they shouldn’t put that responsibility on OP. But a lot of retailers do this since people don’t know their consumer rights.

In general - if an item is faulty within 6 months of purchase then it is for to retailer to prove it wasn’t a fault with the product. If it’s faulty outside 6 months of purchase it’s for the consumer to prove it was a manufacturing fault.

While you don’t have a right to cancel the contract anymore, the onus is still on Argos to repair or replace the controller, or to prove that you caused the damage. It’s not unreasonable for Argos to want to send the controller to the manufacturer to repair but Argos should be arranging this, not you.

Sorry missed @Graphista post which explains much better than I did and has a useful link.

Glad to know that my EU consumer law isn’t as rusty as I thought it was though. It’s mad how many retailers intentionally refuse to comply with UK and EU law because they know they’ll get away with it due to many customers not knowing their rights.