Returning faulty goods without original packaging

[1charlie1]

Hi All

Just posted this in Chat, but no takers. Any advice would be greatly appreciated.

Our Pure One Classic digital radio died today - it just stopped working. Bought from Argos, 2/1/12 (I kept the receipt, yay!), so just over a year ago.

Pure say in their owner's manual that they have a two year warranty against defects.

However, they require the product to be returned it it's 'original packaging', which we no longer have. It cost £54.95, and we're very disappointed that it has only lasted a year. It is clearly defective, so we would love to be able to return it!

Does the fact we don't have the original box anymore void the warranty, despite the fact that the radio has died well within the warranty period?

I would have thought if it was defective they should sort it out whatever the packaging. I imagine it would be different if you were returning it because you didn't like it. Why don't take it in to them without packaging and see what they say? (Disclaimer - I know nothing about the legality of it, I'm afraid.)

Your contract is with Argos, as the product is defective you are entitled to return it (under the sale of goods act) to Argos. In the unlikely event that fails then if you bought on credit card then you can claim against the credit card company.
As for the original packing clause, that is Argos' problem not yours! These original packing clauses really annoy me, they probably would never stand up to a legal challenge and are only included to try and put people off returning defective items.

Martin Lewis spoke on this on radio 2 the other day if the goods are not fit for purpose ( a radio should work for longer than 7 days) your consumer rights are not affected by packaging clauses etc. This is covered by the sale goods act, he said you just keep repeating not fit for purpose.

As others have said, your Sale of Goods Act rights are against Argos, not the manufacturer. The packaging is irrelevant. They cannot turn down your claim just because you don't have the original packaging.

The biggest problem you will face is that, as the radio is over 6 months old, it is up to you to prove that the defect was inherent and is not due to wear and tear or accidental damage. If Argos argue the point you may need to get a report from an independent engineer.

Also note that it is far too late to reject the radio and get a full refund. If Argos accept the radio was faulty when purchased you can get them to repair the radio or replace it but it is their choice, not yours. If they don't do that within a reasonable time you are entitled to a reduction on the purchase price or a refund less an amount for the use you've had of the radio. If they refuse to do anything you may have the right to get someone else to repair the radio and reclaim the cost from Argos.

My DM bought a CD player from Argos in November for my DTs birthday. Stopper working after a few weeks. Argos were very helpful - it took a couple if emails and calls but they agreed to send a replacement and I returned original to a store even though there was no packaging at all (I ended up putting it in a nappy box and sticking a label on it).

Thank you for your replies! I will take it into Argos, but as it is over a year old, I'm not really expecting much joy. I was pleased to see that the manuafacturer themselves have a two year warranty for defective goods, but am not sure how this is relevant to Argos. I guess all we can do is take it into the shop and see what happens! 'Notfitforpurposenotfitforpurpose...' (Just practising.)

I'd give them a call - their customer services team are pretty good, I think you'd get more joy there then in the shop

Thanks ceeveebee, I'll give them a ring this morning.

As others have said far more politely, they are talking bollocks. Can you imagine if we all kept all the packaging from everything we ever purchased in case it went wrong!