To think I can get a refund?

[Happycat1212]

I bought a new vacuum in January, a few months later the handle snapped off, I haven’t been able to return it to Argos as my local store has been shut throughout lock down and has only just opened again. I called Argos before returning but the woman said that before I could return it I would have to speak to the manufacture first, so she put me through, however they were just trying to send me out a new one which I don’t want even after explaining I want my money back. Aibu to think I can still return it in store for a refund? I don’t want to have a wasted journey as I don’t drive so will need to carry it down there and it is heavy, surely I’m entitled to my money back?

I’m afraid I quoted that many times and Argos insisted my contract is with dyson not with Argos

Argos only have a 30 day refund policy though, after which Dyson guarantee applies Yes, I meant to say warranty not contract My apologies Post vaccine fatigue

Op is correct

@uncomfortablydumb53

Argos only have a 30 day refund policy though, after which Dyson guarantee applies Yes, I meant to say warranty not contract My apologies Post vaccine fatigue

But that 30 day refund policy does not trump OP's statutory rights, which is that they are responsible if the item is faulty.

Would they give you a gift card and then you could buy an alternative vacuum or something else?

No they were really unsympathetic and really adamant It was nothing to do with them. They told me I was just out of the 30 day thing by 2 days! 2 bloody days! And couldn’t do it as some kind of good will I think was a bit rubbish really

Refund policies are for if someone changes their mind.

Statutory rights with regards to faulty products are enshrined in law. The contract is with Argos.

@Happycat1212

But the handle has snapped off so it can’t be repaired

How did it snap off though? If it was faulty it would come apart. Snapped off indicates damage rather than fault. Their response could be down to how you’ve described it tbh.

I'm surprised they're doing anything if you've snapped something off you've broken it.
If you dropped a plate and smashed it you couldn't take it back .
Leagally repair or replace.

It’s not reasonable wear and tear though, hence why they’re offering a replacement. It’s not comparable to a smashed plate.

They haven’t offered anything so they are not doing anything, they said they would send a replacement part but it can’t be repaired. I was pushing it along to vacuum I didn’t drop it! So not comparable. Called the bank and they said I’m past the 120 days for a charge back so looks like I will have to write the £200 off

At least get the replacement, OP.

They are not offering to replace it. Sorry if that isn’t clear, they are offering to send the part that has come off but it’s snapped off so can’t be repaired so I’m not sure what I’m meant to do with the part.

I've had 2 dyson and TBh they seem quite sturdy the latest on is a dyson ball
Had you taken the handle off and not clicked it back in properly .

Sorry i thought the manufacturer was offering you a new vacuum.

This is unacceptable, OP. You need to take it with up Trading Standards.

Have you asked how they expect you to repair it?!

It’s not the part that you take off, you can’t take it off at all. Well it shouldn’t come off

Have you asked how they expect you to repair it?!

Yes they don’t give me any answer to that

Dyson have said that my contract is only with the store for the first 35 days then after it’s them. Nothing about 6 months.

You don’t need to right the money off. Contact them again and make it clear that a replacement part won’t work because it’s snapped off. If they refuse to replace the whole thing, explain you will be starting a money claim online. Basically sue them in the small claims court (which can now be done on line) - the threat of this may be enough to make them sort it out. But if not, it’s not too hard to actually issue the claim.

There is advice out there of how to do it:

www.citizensadvice.org.uk/law-and-courts/legal-system/small-claims/making-a-small-claim/

Your contract is with Argos. They should give you a refund as the item has proved to be faulty. A lot of retailers are now trying to jettison their responsibilities under consumer law, telling buyers they should contact the manufacturer (including our small, local independent electrical store, much to my disgust). But your contract is with the retailer to whom you paid the money.

If someone comes into my work (think big mobile company) with a problem, before one year the warranty is with us (they have to pay to replace first and then we refund) however, after a year it's with the manufacturer as they supply us with the phone. Obviously, insurance is completely different but warranty majority of the time has to go through the manufacturer.

Who would I be taking to a small claims court though as Argos are saying it’s not them.

@Happycat1212

Who would I be taking to a small claims court though as Argos are saying it’s not them.

Argos are telling lies, the law says that it is them and it is them that you entered into a contract with.

@midnightstar66

Argos have been accepting returns during lockdown as my dd regularly buys knives from there and returns them the next day.

Just me that's curious about this then?? 👀😆

Me too!

Warranties and statutory rights are totally different things.