Consumer rights

[ilovepixie]

I bought a robot vacuum from Argos 4 days ago. It’s faulty and Argos refuse to replace or refund saying all goods need to be tested instore for 24 hours before anything can be done. Can anyone advise if this is legal?

I actually think they might be within their rights. They can ask for proof that it’s faulty. So them testing it seems legal. Just not great customer service! They can repair or replace. Personally I think they should replace or you get a refund.

From the information you've provided, it seems like they haven't refused to repair or replace the item, rather that they intend to confirm that it is indeed faulty before doing so.

This seems quite sensible; anyone could claim that an item they simply didn't want (or had broken themselves) was faulty. 24 hours seems like a very reasonable amount of time for them to confirm a fault.

Assuming your item is indeed faulty, they will confirm this and issue your refund/replacement. I'm not sure what the issue is?

@ilovepixie You have thirty days to reject a faulty item where a fault has been identified by you. Under the Consumer Rights Act, only after this date can the seller test or offer a repair.

the CAB have lots of advice on this and template letters on their website.

I am unable to return to the store the next day, so the item would be in the store for about 5 days. I would not be given any receipt or anything to say the item was left in store, so in theory the store could refuse to refund or give me the item back. The store could damage the item or claim it’s not faulty. Also nowhere on the website does it state returns have to be tested for 24 hours by a random shop assistant.

I have quoted this but are still insisting on testing for 24 hours.

I'm afraid @Bannedontherun isn't quite right.

For the first 30 days you have the right to reject the goods if they are faulty and receive a full refund. The seller can offer a repair or replacement, but they cannot force you to accept either of these - if you insist on a refund, they must give you your money back. However, they are within their rights to test the goods to make sure they really are faulty, especially if the fault is not immediately obvious on a visual inspection. If this was not the case, anyone who regretted a purchase could get a refund by claiming the goods were faulty even when they were not.

@ilovepixie Stand corrected bridge is a solicitor

So the store can keep the goods for 24,hours and be tested by a random shop assistant who has no technical knowledge about the product? The reviews on the website also mention the same fault so it’s a known problem.

The government web site on consumer protection spells it out.