Just returned faulty MP3 player to Argos, was I in the right?

Henry Krinkle

The MP3 player which I bought about 3 months ago started constantly displaying a blank white screen. I returned it, expecting a replacement there and then, but was told it had to go through the Sony after sales service. At this point I asked for a refund instead (thinking it was my right to do so), but apparently it still had to go out to Sony for repair/evaluation. I had a five minute conversation with a manager where I put it to her that seeing as my contract was with Argos and not Sony I had the right to choose a refund and get it there and then. She talked about the 28 day money back guarantee and I told her that had nothing to do with statutory rights and I am still entitled to prompt refund/replacement if the product develops a fault. Since I wasn't getting anywhere I just accepted it and will have to wait at least 12 days for a repaired/replacement device. Was I in the right, and what should I have done? To be honest I only had a passing knowledge of my rights but I was sure the obligation to go through Sony seemed a bit fishy, since my contract was with Argos.

Nightwish

I worked for the company for 7 years, and can say, from your version of events that you were in the right. Obviously without the full story I cant say for certain. If a product was faulty and you had the receipt and the fault was not caused as a result of misuse/accident on the part of the customer, a replacement would normally be offered. Maybe try another Argos store?

jahalpin

It is upto the retailer whether to repair, refund or exchange.

Your contract is with the retailer and that is who you are dealing with.

Argos are entitled to send the item back to the manufactuer to ensure that the damage due to a manufacturing defect and not due to user action. Argos would not have the skill or the equipment required to test the item.

I'm glad that I don't work in retail management as managers have to deal with people quoting their "rights" day in day out.

mickoneill30

You have the right to a repair / replacement / refund at the retailers discretion. You're right in that your contract is with Argos and you have nothing to do with Sony. The retailer has to deal with Sony though so you'll have to allow the retailer to send it off for repair. It might be quicker for you to go through the Sony repair centre but it's your right to have Argos do that for you.

http://www.citizensinformation.ie/categories/consumer-affairs/consumer-protection/consumer-rights/consumers_and_the_law_in_ireland

Edit: Beaten by jahalpin. You're right though. I used to work in retail a long time ago. I loved the guys that came in and "I KNOW MY RIGHTS". If somebody was OK we'd help them out. If somebody was an ass they got their rights and nothing else.

amcalester

Argos are completely in the right. Maybe you should have read up on what your rights actually were before going into the shop.

dudara

What Argos offered to you was indeed correct. Yes, you are entitled to a repair/replacement/refund, but the law allows for the shop to offer one of these.

If you do not agree with what the shop offers, you may decline, but you must have reasonable grounds for doing so. i.e. refusing a second repair would be acceptable grounds for declining a repair.

In this case, Argos offered a repair, and there really was not reasonable grounds for you to decline.

You were half aware of your consumer rights, and hence made life a little awkward for yourself. Take the time to fully read and understand your rights - it will make future experiences like this easier.

TheDriver

indeed Argos were right but in my experience, Argos don't bother with sending things back, they just replace or refund

axer

jahalpin wrote: »

It is upto the retailer whether to repair, refund or exchange.

mickoneill30 wrote: »

You have the right to a repair / replacement / refund at the retailers discretion.

Can people stop saying this as it is incorrect. The retailer has just a much/little power here as the consumer. The retailer does not have discretion as to which remedy a consumer must take. It is a negotiating process whereby both parties agree to a suitable remedy or else the courts system decides. One party does not dictate what the other must take.

OP: Argos are perfectly correct in having Sony inspect the item first before remedying the breach of contract to ensure a breach even existed. It is expected that you would not be waiting an unreasonable period of time for this inspection to take place. So you were wrong there.

You were right in that you had to right to choose refund as your negotiating remedy but you were wrong in thinking you had the right to dictate to the seller that you were entitled to get it there and then.

You were right in that the 28 day refund policy had no bearing on your statutory rights but you are also wrong that you are somehow automatically entitled to a replacement/refund if the product develops a fault since a repair is another possible remedy.

Your contract is with Argos which means you do not have to deal directly with Sony but Argos are fully entitled to take the item from you and send it to Sony then you pick the item up repaired from Argos thus Sony has nothing to do with you.

You were wrong to demand legal rights that you only had a passing knowledge of!

mickoneill30

axer wrote: »

Can people stop saying this as it is incorrect. The retailer has just a much/little power here as the consumer. The retailer does not have discretion as to which remedy a consumer must take. It is a negotiating process whereby both parties agree to a suitable remedy or else the courts system decides. One party does not dictate what the other must take.

You're right. I didn't know that.
http://www.consumerconnect.ie/eng/Hot_Topics/FAQs/Faulty-goods/
So in the case above the OP had more options as they weren't able to negotiate a refund.
1: Accept the repair (Sony will probably just replace it).
2: Go to the small claims court.

matt70iu

jahalpin wrote: »

It is upto the retailer whether to repair, refund or exchange.

Your contract is with the retailer and that is who you are dealing with.

Argos are entitled to send the item back to the manufactuer to ensure that the damage due to a manufacturing defect and not due to user action. Argos would not have the skill or the equipment required to test the item.

I'm glad that I don't work in retail management as managers have to deal with people quoting their "rights" day in day out.

I used to work in retail, and you're right, people did quote their rights to me, day in and day out, however, most of the time I was on their side, but I had to abide by company procedures, which are not always the best, I might add.
There needs to be some sort of agreement made that more evenly balances consumer rights with those of the retailer and manufacturer. Just my opinion....:)