Advice on sale of goods act/ARGOS, please?

[HolgerDanske]

My partner bought a playstation 4 from Argos yesterday.

It is not working properly.

They have said that they will need to send it away to check for faults. I maintain that a brand new item should work.

Would I be able to argue that as this is a brand new item, it is not reasonable to have to wait for it to be checked and repaired? It was purchased to be used for a holiday, so that he has something to do while on down time. Having to send it away and wait will definitely cause significant inconvenience with this holiday in mind, in my view.

Secondly, if they are determined to refuse exchange or refund would I be able to argue that a temporary replacement, like for like, so BRAND NEW, is necessary as any period of waiting for a BRAND NEW item which has cost hundreds of pounds is unreasonable? In which case they might as well give us a new one and save the hassle all round?

Thirdly, would their contract with us not supersede their internal fault checking system, given the fact that the item is new so there will have been no wear or tear and in fact no change to the item from the state of being brand new, in which case it is the responsibility of the retailer to ensure our satisfaction and afterwards bring their own case to the manufacturer?

Surely it can not be right that we should have to accept such shoddy standards from a brand new and expensive item.

[Molecule]

There is no loophole for some electrical goods, these stores are just trying it on. Goods must be of satisfactory quality and if something is not working within a day or so it is certainly not of satisfactory quality. You are entitled to a full refund or replacement, and I would insist on it, in the store. The offering to repair something is when it has developed a fault later on in its life.

[Laquila]

Whilst you are entitled to a full refund or replacement for all electrical items that are shown to be faulty (and indeed, AFAIAK, for all items covered by the SoGA), the retailer is also entitled to confirm that a manufacturing fault was indeed present at the time of purchase.

[HolgerDanske]

Thank you everyone.

[prh47bridge]

the retailer is also entitled to confirm that a manufacturing fault was indeed present at the time of purchase

If the fault appears within 6 months of purchase the assumption legally is that the goods were faulty at the time of purchase. If the retailer wishes to argue otherwise it is up to them to prove it.

[LineRunner]

Any update?

[HolgerDanske]

Sorry, not yet. I won't be able to do anything about it until tomorrow or the next day but I will definitely let you know how it goes.

[HolgerDanske]

Someone from Argos customer services has been in touch with me so it looks like things will be sorted out. Thank you all for your comments and advice. I'll update further when I know more.

[HolgerDanske]

Update

A very nice member of Argos' customer service team has helped me to sort it out. We went in yesterday and exchanged the faulty console for a new one. I am very happy to report that the new one works and I am satisfied with the service we received from the manager who got involved with this.

I do think it's disappointing that it takes complaining on a public forum for someone to actually want to bother, though.

But on this occasion it has been sorted out and Argos, all is forgiven (For now - must keep them on their feet )!

[Greengrow]

That's good news. They do as others have said have the right to check something hasn't been hammered by the customer or dropped, but usually will return.
The other point not mentioned above is if you bought it on line "at a distance" then you have a right to refund even if it is not faulty if you cancel most contracts.
Finally if you paid by credit card and goods are faulty under s75 of the Consumer Credit Act you can usually get a refund from your card company.

Anyway it's sorted out now so that's good.

[maddy68]

Quote the sale of goods act. In fact you are only entitled to a refund for faulty goods. They can offer to send it away for repair but you don't have to accept that.
Demand a refund

[Greengrow]

If you didn't buy in the store but at a distance - mail order catalogue, telephone sale, internet then a massive area of law is the regulatiosn on distance selling - which allow refunds just because you change your mind and no need for faults in the goods, as long as you cancel within 14 days of delivery. I agree however that this will not apply here if the goods were bought in the Argos store rather than from the Argos web site however.

The easiest ways to get refunds always is using distance selling if bought on line - always use that, not SGA. If however you are outside the 14 day period or you bought in a shop then yes of course use SGA.