Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie
Hi there,
There is an issue with role permissions that is being worked on at the moment.
If you are having trouble with access or permissions on regional forums please post here to get access: https://www.boards.ie/discussion/2058365403/you-do-not-have-permission-for-that#latest

Argos refuse to honour guarantee

  • 31-03-2010 1:41pm
    #1
    Registered Users, Registered Users 2 Posts: 8


    I bought a kettle from Argos last July for €37.
    Last week the lid started sticking and needed a hand to open it.
    On Saturday it was more difficult to open than before and in attempting to open it the lid snapped off.
    So, I brought the kettle and receipt back to Argos.

    The lady in the shop claimed it was my fault due to "excessive force" and refused to deal with the kettle. ie no repair and no refund. She claimed if I had broght it back before the hinge snapped then she would have changed it but to be honest I don't believe that, I'm sure she would have had some other excuse.
    I had planned to buy a few other items while in Argos but obviously I didn't. Guess €37 is more important than goodwill or statutory rights.

    Co-incidentally, a hair dryer I bought from Peter Marks for €60 practically a year ago also stopped working last week.
    They apologised for not having the same colour hair dryer and replaced it with no quibbles.


Comments

  • Closed Accounts Posts: 16,713 ✭✭✭✭jor el


    The hair drier stopped working, so it was replaced (they could have offered a repair or refund too), which is right.

    The kettle didn't stop working, you broke the lid off.

    This is not a statutory rights or warranty issue. You broke it. The fact that the lid was sticking would have required assistance from Argos had you returned it. But you didn't, so how do you expect them to fix a sticking lid that is now physically broken. You can't even prove it was sticking.

    User error is not a warranty or statutory issue, it's your own fault.


  • Registered Users, Registered Users 2 Posts: 11,389 ✭✭✭✭Saruman


    Could you not argue though that the lid is meant to be opened and if the excessive force needed to break it was necessary to open it then it was not fit for purpose?

    The issue should have been brought to the attention of argos sooner but unless there is some odd way of opening this kettle other than simply lifting the lid, then there should be no amount of normal force that could break it. If it broke by applying a more force than simply lifting it then it was not designed very well in the first place. Short of going nuts and ripping it sideways, it should not break.

    Personally though I would take it as a sign that a €37 kettle might not be worth it, though its better than a €15 kettle :D


  • Registered Users, Registered Users 2 Posts: 33,518 ✭✭✭✭dudara


    The problem here is that the OP cannot prove anymore that the lid was sticking - because it is broken. It's a tough break.

    Argos should probably give him the benefit of the doubt - after all, how many people manage to break kettle lids - but he could also be someone chancing his arm.


  • Registered Users, Registered Users 2 Posts: 8 llc


    The cost is irrelevant to the guarantee but of course is relevant to how much effort I will put into this since I have now cooled down a bit!

    The kettle should be fit for purpose, ie open lid without breaking, fill with water and then boil?

    How would you "chance your arm" on this? What reason would I have to use excessive force? Break the kettle on purpose to get a new shinny one?

    I continued to use it for 3 or 4 days because I needed coffee in the morning, I didn't know if I had the receipt or how old it was plus getting to Argos mid week was not a priority.

    Jor_el you say " This is not a statutory rights or warranty issue. You broke it. The fact that the lid was sticking would have required assistance from Argos had you returned it. But you didn't, so how do you expect them to fix a sticking lid that is now physically broken. You can't even prove it was sticking. "
    Are you basing this on experience of such claims? Am I liable for more annoyance if I pursue this?

    Incidentally, it is stuck again although with the hinges severed. The mechanism which should open it is independent of the hinges, in my opinion, the hinges facilitate opening but are not part of that mechanism.
    For what its worth or not I do have more qualification than the lady in the shop for making such a statement since I am a qualified design engineer (not of small electrical appliances).

    Anybody suspect this is a common Argos strategy?


  • Closed Accounts Posts: 16,713 ✭✭✭✭jor el


    llc wrote: »
    Incidentally, it is stuck again although with the hinges severed. The mechanism which should open it is independent of the hinges, in my opinion, the hinges facilitate opening but are not part of that mechanism.

    All you can do is ask again, but since it is physically damaged, they are well within their rights to refuse. They could accept responsibility for the dodgy mechanism that sticks, but make you pay for the broken hinge. They probably wouldn't do this, they'd either replace it all together, or tell you no.

    llc wrote: »
    For what its worth or not I do have more qualification than the lady in the shop for making such a statement since I am a qualified design engineer (not of small electrical appliances).

    Your qualifications are irrelevant. Only someone who is certified by the manufacturer can make such a statement and have it mean anything.
    llc wrote: »
    Anybody suspect this is a common Argos strategy?

    No. If something is faulty or breaks down, Argos will replace it.


  • Advertisement
  • Closed Accounts Posts: 520 ✭✭✭Domscard


    llc wrote: »

    Anybody suspect this is a common Argos strategy?

    In my experience, Argos stores are the most customer friendly when it comes to returns. Whether for a 'change of mind' reason within the first 30 days or a fault that develops within a year, I know I can rely on them. That's why they are generally my first port of call for many items, even if they are not always the cheapest.
    In the OP's case, it would have been best to bring the item back at the first sign of a problem. I have done that with Argos in the past (CD player lid) and they checked it out in store and refunded my money right away. Problems like that don't 'go away' - in fact they generally get worse and frequently result in frustration and further damage. The sticking lid was Argos's responsibility; unfortunately, the broken lid is the OP's.
    BTW, I do not work in Argos nor do I have any connection to anyone who does.


  • Registered Users, Registered Users 2 Posts: 24,229 ✭✭✭✭ejmaztec


    Anyone breaking something can't expect any retailer to take the item back. It's common sense that if something is stuck, something's going to give when trying to "unstick" it, especially plastic, or some other flimsy substance.

    I would expect a design engineer to realise this, if no-one else.


  • Registered Users, Registered Users 2 Posts: 8 llc


    ejmaztec - Must be wonderful to have enough time to indulge all your opinions! Perhaps if I had as much spare time I might have put some thought into the possible long term consequences of plastic sticking on a €37 Kettle!


  • Registered Users, Registered Users 2 Posts: 24,229 ✭✭✭✭ejmaztec


    llc wrote: »
    ejmaztec - Must be wonderful to have enough time to indulge all your opinions! Perhaps if I had as much spare time I might have put some thought into the possible long term consequences of plastic sticking on a €37 Kettle!

    Well, if you go off and design the perfect non-stick electric kettle, then you'll be able to retire on the proceeds, and you'll have loads of spare time for whatever indulgence takes your fancy.:P


  • Closed Accounts Posts: 2,957 ✭✭✭Magenta


    llc wrote: »
    ejmaztec - Must be wonderful to have enough time to indulge all your opinions! Perhaps if I had as much spare time I might have put some thought into the possible long term consequences of plastic sticking on a €37 Kettle!

    I think you hit a nerve here ejmaztec... You have SO MUCH spare time to write two-line posts that coincidentally, are not what the OP wants to hear ;)

    OP, you broke your kettle. Buy a new one.


  • Advertisement
  • Registered Users, Registered Users 2 Posts: 24,229 ✭✭✭✭ejmaztec


    Magenta wrote: »
    I think you hit a nerve here ejmaztec... You have SO MUCH spare time to write two-line posts that coincidentally, are not what the OP wants to hear ;)

    OP, you broke your kettle. Buy a new one.

    No time for a full reply, I'm polishing my appliances.


  • Moderators, Technology & Internet Moderators, Regional South East Moderators Posts: 28,536 Mod ✭✭✭✭Cabaal


    llc wrote: »
    ejmaztec - Must be wonderful to have enough time to indulge all your opinions! Perhaps if I had as much spare time I might have put some thought into the possible long term consequences of plastic sticking on a €37 Kettle!

    Its sad really, you come onto the consumer forum looking for help most likely in the view that people will fully agree with you, but things don't go your way and you find your actually in the wrong.

    So what do you do, turn against all the posters...nice
    :rolleyes:
    For what its worth or not I do have more qualification than the lady in the shop for making such a statement since I am a qualified design engineer (not of small electrical appliances).

    Now now, you might want to get down off that high horse of yours,

    Finally in relation to Argos enforcement of policy's and warranty's, I've always found them extremely helpful in relation to any queries I've ever had....mind you I've never brought in something to them that I broke due to brute force ;)


  • Registered Users, Registered Users 2 Posts: 26,726 ✭✭✭✭noodler


    At the same time Cabaal, posters (mods included) could be little more tactful in telling somebody that they do not have a case.

    Whats wrong with "you have not got a case", instead of "its your own fault"


  • Registered Users, Registered Users 2 Posts: 24,229 ✭✭✭✭ejmaztec


    noodler wrote: »
    At the same time Cabaal, posters (mods included) could be little more tactful in telling somebody that they do not have a case.

    Whats wrong with "you have not got a case", instead of "its your own fault"

    If someone is told that they don't have a case, they will ask why, and in this case there's only really one answer.


  • Closed Accounts Posts: 2,957 ✭✭✭Magenta


    ejmaztec wrote: »
    If someone is told that they don't have a case, they will ask why, and in this case there's only really one answer.

    Damn straight! :)


  • Moderators, Technology & Internet Moderators, Regional South East Moderators Posts: 28,536 Mod ✭✭✭✭Cabaal


    noodler wrote: »
    At the same time Cabaal, posters (mods included) could be little more tactful in telling somebody that they do not have a case.

    Whats wrong with "you have not got a case", instead of "its your own fault"

    Well in this case whilst I'm a mod I am a normal user on this forum in the same manner as you, can't comment for anyone else though :)

    In relation to the response the OP should get, well you could also argue that just replying with "you have no case" isn't very helpful as it doesn't explain to the OP why he doesn't have a case.

    In this instance the OP seems oblivious to why he has no case dispite it being explained to him....go figure :pac:


  • Registered Users, Registered Users 2 Posts: 26,726 ✭✭✭✭noodler


    ejmaztec wrote: »
    If someone is told that they don't have a case, they will ask why, and in this case there's only really one answer.

    jor el wrote: »
    User error is not a warranty or statutory issue, it's your own fault.

    The above was actually the first response the OP got. Disregard whether he was right or wrong for a moment - this kind of response, in the first instance, is a little condescending.


  • Closed Accounts Posts: 3,305 ✭✭✭yoshytoshy


    Argos are probably the best for returning all types of goods.

    How are the folks in argos to know that the kettle wasn't dropped and thats how the lid broke off ?


  • Closed Accounts Posts: 520 ✭✭✭Domscard


    I agree with noodler - there are kinder ways to put things that might help to defuse an already inflammatory situation for posters in trouble. It's not politic to feed the frustration, even if responders know they're right and see complaints as more of the 'same old, same old'.
    I've occasionally seen replies here that are more about the poster airing his/her superiority than offering help - not saying that that is necessarily the case here, of course. What seems unreasonable (and perhaps frequently is) may simply result from helplessness and the inability to feel heard.
    And before someone points a cynical finger at PI, this CI forum is almost on a par in its need to emphasise respect for people in difficulty.


  • Closed Accounts Posts: 72 ✭✭stopusingoil


    So: "It's ok to sell faulty products as long as the user causes harm to the product as a direct result of the fault." Seems to be the general consensus.

    I disagree with every last one of you. You are all simply agreeing with each-other for fear that one of you may be wrong. Sheep.

    The kettle is faulty. That is a FACT. In my opinion, the lid is broken as a result of said fault. Simple.

    How people can actually take a corporation's side in this sickens me, although it explains a lot about the political state of the country at the moment.


  • Advertisement
  • Closed Accounts Posts: 520 ✭✭✭Domscard


    So: "It's ok to sell faulty products as long as the user causes harm to the product as a direct result of the fault." Seems to be the general consensus.

    I disagree with every last one of you. You are all simply agreeing with each-other for fear that one of you may be wrong. Sheep.

    The kettle is faulty. That is a FACT. In my opinion, the lid is broken as a result of said fault. Simple.

    How people can actually take a corporation's side in this sickens me, although it explains a lot about the political state of the country at the moment.

    No one here has said that it's ok to sell faulty products. However, once a fault develops and a consumer compounds the problem by breaking it they leave themselves in an invidious position. Argos would have been obliged to replace or refund the item if it was returned before the OP broke the lid by forcing it. Argos have now no way to determine if a fault existed prior to the breakage and they cannot remedy the original fault.
    I think the 'political state of the country at the moment' has little to do with the OP's complaint - this response would be the same in any other forum in the world and at any other time period.
    PS - I'm not at all afraid to be wrong or stand against the crowd ;)


  • Moderators, Technology & Internet Moderators, Regional South East Moderators Posts: 28,536 Mod ✭✭✭✭Cabaal


    How people can actually take a corporation's side in this sickens me, although it explains a lot about the political state of the country at the moment.

    Seriously?

    wow just wow, its insulting that you'd compare your tiny (and in the scale of things completely meaningless) problem to a world wide and Irish economic/political issues.


  • Registered Users, Registered Users 2 Posts: 4,196 ✭✭✭deadl0ck


    I just can't believe this thread !
    I understand that the OP is very pi**ed of as they had a faulty product, and it caused them, inadvertently, to break it.

    I do find it strange that people think that a shop should believe someone with absolutely no proof of the claim (and, yes, in this case it does seem to be genuine).

    stopusingoil - Can you explain, in a standard procedure, how this should be handled by a shop in your opinion ?

    As I see it, here is what you are saying the process should be :
    - Person walks into a shop with an item they broke because of a fault with the product
    - They tell the shop it was a fault with the product, that caused them to break the item, however, they cannot prove this fault in any way
    - Shop refunds the person

    Does that sound reasonable ?

    Can you explain how a shop would differenciate the above from the following process :
    - Person walks into a shop with an item they broke through their own abuse/misuse of the product
    - They tell the shop it was a fault with the product, that caused them to break the item, however, they cannot prove this fault in any way
    - Shop refunds the person

    I'd love some clarification here as to how a shop should tell the difference.

    I'm not taking the side of a the corporation here, but you are basically saying all shops or businesses (big or small) should believe a claim without proof.

    If a 3rd party accussed someone you know of doing something, would you just believe this 3rd party, or would you require some shred of proof ??


  • Registered Users, Registered Users 2 Posts: 14,378 ✭✭✭✭jimmycrackcorm


    deadl0ck wrote: »

    As I see it, here is what you are saying the process should be :
    - Person walks into a shop with an item they broke because of a fault with the product
    - They tell the shop it was a fault with the product, that caused them to break the item, however, they cannot prove this fault in any way
    - Shop refunds the person

    Does that sound reasonable ?

    Can you explain how a shop would differenciate the above from the following process :
    - Person walks into a shop with an item they broke through their own abuse/misuse of the product
    - They tell the shop it was a fault with the product, that caused them to break the item, however, they cannot prove this fault in any way
    - Shop refunds the person

    I'd love some clarification here as to how a shop should tell the difference.

    Perhaps you might give some clarification on how a kettle gets broken through mis-use? Is it not reasonable to make the assumption that the lid wassturdy enough.

    For those who suggest that it would have been only valid to bring back the kettle when sticking, what if it had broken off without any sticking problem (perhaps due to a design or manufacturing flaw)? Is that only valid because the OP happened to mention that it started sticking?


  • Registered Users, Registered Users 2 Posts: 4,196 ✭✭✭deadl0ck


    Perhaps you might give some clarification on how a kettle gets broken through mis-use
    Anything really, that's the users fault, e.g.:
    - They drop it and it breaks
    - They have the lid the sticking up while filling it with water and then catch it on the bottom of a wall press or something like that, and break it off.
    - One of their kids knocks it on the ground accidently and breaks the lid
    - etc...

    I'm just saying that you need some sort of proof that it was a manufacturers fault first, otherwise people would just break stuff all the time and return it for replacements, espescially after say 11 months of use - just break it and get a new one before the 12 months is up.


  • Closed Accounts Posts: 16,713 ✭✭✭✭jor el


    noodler wrote: »
    The above was actually the first response the OP got. Disregard whether he was right or wrong for a moment - this kind of response, in the first instance, is a little condescending.


    Actually, the first thing I said about this issue was:
    The kettle didn't stop working, you broke the lid off.

    And the 2nd thing I said, which actually answered the question the OP had, was:

    This is not a statutory rights or warranty issue. You broke it. The fact that the lid was sticking would have required assistance from Argos had you returned it. But you didn't, so how do you expect them to fix a sticking lid that is now physically broken. You can't even prove it was sticking.

    But fee free to continue quoting out of context in order to back up your flawed assessment of the situation. Explain how I could have made this any clearer, as I notice you have given no actual advice, but are just complaining about the advice of others.
    Domscard wrote: »
    I agree with noodler - there are kinder ways to put things that might help to defuse an already inflammatory situation for posters in trouble. It's not politic to feed the frustration, even if responders know they're right and see complaints as more of the 'same old, same old'.

    I'm not here to mollycoddle posters, or hold their hand and make sure their feelings aren't hurt. I gave a full and frank answer to a simple question. Where is your advice on how to resolve the problem?
    Domscard wrote: »
    And before someone points a cynical finger at PI, this CI forum is almost on a par in its need to emphasise respect for people in difficulty.

    I broke my kettle is hardly on a par with; I was abused as a child, or; my husband is having an affair, now is it?
    The kettle is faulty. That is a FACT. In my opinion, the lid is broken as a result of said fault. Simple.

    You're skipping over the fact that the owner broke the lid off. This is quite important, and you can't just forget about it. Your opinion is exactly that, an opinion, and it is not the law. As I also answered earlier in the thread;
    All you can do is ask again, but since it is physically damaged, they are well within their rights to refuse. They could accept responsibility for the dodgy mechanism that sticks, but make you pay for the broken hinge. They probably wouldn't do this, they'd either replace it all together, or tell you no.


  • Closed Accounts Posts: 520 ✭✭✭Domscard


    jor el wrote: »
    I'm not here to mollycoddle posters, or hold their hand and make sure their feelings aren't hurt. I gave a full and frank answer to a simple question. Where is your advice on how to resolve the problem?


    I broke my kettle is hardly on a par with; I was abused as a child, or; my husband is having an affair, now is it?


    /QUOTE]

    Perhaps I didn't make myself clear enough but I spoke in general on the issue of replies to posters and I didn't make any reference to your post - or even to this thread alone in relation to 'kinder' replies. As my other responses made clear, I have no issue with the facts and the advice given - my own is totally in accord with that.
    The point I was trying to make relates to the structure of some replies, where a little bit of conciliation would go a long way. Clearly, a broken kettle is not the same as child abuse but many people who post on CI are feeling very angry and frustrated about their particular issue and have sometimes been treated badly by retailers. I also fully acknowledge that the opposite is also the case and some people believe they have rights that go way beyond reality.
    Like with these two extremes, there is surely a middle ground between mollycoddling and dismissal in a response - perhaps not always easy to pitch in plain text on the internet?


  • Closed Accounts Posts: 370 ✭✭bongi69


    Unfortunately OP, the onus is on the consumer to return the product as soon as a fault appears. If you don't, you run the risk of situations like this arising.
    I'll give you an example from when I used to work for a certain electrical retailer. Customer bought a DVD player, and after 2 months the drawer started sticking. Customer started just pulling the drawer out, and eventually the whole drive drawer came out. We couldn't take it back as it had been damaged by the consumer, and as such we couldn't prove there was an original fault. The customer was using the device contrary to the instructions, the drawer was not meant to be pulled out.

    Going on my experiences with Argos, they've always been fairly good with returns. I bought a car stereo a while back, and 10 months in a buzzing could be heard from the car's rear speakers. I had checked the speaker wiring and nothing was amiss with it. Returned the stereo to them and they offered refund or replacement.

    This is gonna have to be a situation that you'll have to take on the chin. Its not an expensive item, replace it, and from now on, when a fault appears, take the item back as soon as is possible.

    If you do want more advice, you can contact the National Consumer Agency to see what they have to say.


  • Closed Accounts Posts: 72 ✭✭stopusingoil


    Cabaal wrote: »
    Seriously?

    wow just wow, its insulting that you'd compare your tiny (and in the scale of things completely meaningless) problem to a world wide and Irish economic/political issues.

    My tiny problem? I don't have a problem.

    World wide and Irish economic/political issues?? Hahaha good one, but that's not what I was referring to.

    STOP HEARING WHAT YOU WANT TO HEAR AND LISTEN!!!


  • Advertisement
  • Closed Accounts Posts: 2,957 ✭✭✭Magenta


    STOP HEARING WHAT YOU WANT TO HEAR AND LISTEN!!!

    It's rude to shout.

    From your post and your user name it seems to me like you are on some sort of save-the-world mission. Charity begins at... eh, Argos?


  • Closed Accounts Posts: 72 ✭✭stopusingoil


    That's the only reply I am bothered making. The rest of your replies were mostly non-constructive and argumentative.

    This thread is a waste of time. People stating their opinion as fact and accusing others of the same while this thread drifts further and further from anything resembling a conclusion.


  • Registered Users, Registered Users 2 Posts: 3,355 ✭✭✭punchdrunk


    OP I'm not going to debate if either yourself or Argos is in the wrong,but why not contact the brands distributor directly and see what happens?
    just bypass Argos altogether and see if they might do something as a goodwill gesture


  • Closed Accounts Posts: 3,305 ✭✭✭yoshytoshy


    This thread is a waste of time. People stating their opinion as fact and accusing others of the same while this thread drifts further and further from anything resembling a conclusion.

    Have I brought goods back to argos for a refund or replacement ? = Yes ,Fact.

    Does the op have proof the goods were faulty ? = No ,Fact.

    If a new car has dodgy breaks ,do you wait to crash before you bring the car back ? = You do if your the op.


  • Registered Users, Registered Users 2 Posts: 24,229 ✭✭✭✭ejmaztec


    That's the only reply I am bothered making. The rest of your replies were mostly non-constructive and argumentative.

    This thread is a waste of time. People stating their opinion as fact and accusing others of the same while this thread drifts further and further from anything resembling a conclusion.

    What do you think your contributions have been to great scheme of things?

    The thread conclusion was reached several posts back, even prior to your first post in the thread, the one that seemed to blame the cause of the broken kettle on globalisation, and the economic downturn. I'm surprised that the Illuminati didn't also get a mention.


  • Closed Accounts Posts: 2,957 ✭✭✭Magenta


    ejmaztec wrote: »
    What do you think your contributions have been to great scheme of things?

    The thread conclusion was reached several posts back, even prior to your first post in the thread, the one that seemed to blame the cause of the broken kettle on globalisation, and the economic downturn. I'm surprised that the Illuminati didn't also get a mention.

    Or Cheryl Cole's marriage.


  • Advertisement
  • Closed Accounts Posts: 72 ✭✭stopusingoil


    I love how, if you don't agree with the masses, they begin to attempt to insult you and categorise you and discredit you in whatever way they can.

    Pathetic much?


  • Closed Accounts Posts: 72 ✭✭stopusingoil


    ejmaztec wrote: »
    What do you think your contributions have been to great scheme of things?

    The thread conclusion was reached several posts back, even prior to your first post in the thread, the one that seemed to blame the cause of the broken kettle on globalisation, and the economic downturn. I'm surprised that the Illuminati didn't also get a mention.

    No, i did not mention globalisation ONCE. or the economic "downturn". Fail.

    PS: unless you consider "Great Scheme of Things" to be a living, breathing person then you may want to reconsider your grammar.


  • Closed Accounts Posts: 2,957 ✭✭✭Magenta


    I love how, if you don't agree with the masses, they begin to attempt to insult you and categorise you and discredit you in whatever way they can.

    Pathetic much?

    We are being realistic. You are being dramatic.


  • Registered Users, Registered Users 2 Posts: 33,518 ✭✭✭✭dudara


    Right - enough nonsense here.

    Any further off-topic posting will result in infractions and/or bans

    dudara


  • Closed Accounts Posts: 72 ✭✭stopusingoil


    Magenta wrote: »
    It's rude to shout.

    From your post and your user name it seems to me like you are on some sort of save-the-world mission. Charity begins at... eh, Argos?

    I am delighted that you have the power to deduce someone's ethics from simply reading their post and name. Congratulations.


  • Advertisement
  • Registered Users, Registered Users 2 Posts: 43,311 ✭✭✭✭K-9


    This thread shows why a kettle for a tenner is better value!

    Mad Men's Don Draper : What you call love was invented by guys like me, to sell nylons.



  • Registered Users, Registered Users 2 Posts: 33,518 ✭✭✭✭dudara


    @stopusingoil and K-9

    Final warning!

    dudara


  • Registered Users, Registered Users 2 Posts: 8 llc


    Actually, all I wanted was an opinion on consumer issues & rights.
    From what I have determined its all at the discretion of the shop and the only redress is the small claims court irrespective of your rights/wrongs.
    Thanks jor el and others.

    cabaal
    "Its sad really, you come onto the consumer forum looking for help most likely in the view that people will fully agree with you, but things don't go your way and you find your actually in the wrong.
    So what do you do, turn against all the posters...nice
    ...
    Now now, you might want to get down off that high horse of yours,"

    And you're a moderator?


  • Registered Users, Registered Users 2 Posts: 8 llc


    Is Cabaal a troll?

    "In this instance the OP seems oblivious to why he has no case dispite it being explained to him....go figure pacman.gif "

    What is that about?

    Bar the start of the thread I wasn't involved in the thread!
    Nor did I dispute the rights and the wrongs of the opinions given!

    High Horse Comment from Cabaal- point being that the least I would expect is that somebody qualified would make the judgment ie service dept. My pre-stated qualification was in anticipation of the inevitable response that I wasn't qualified either. Guess I would have been right about that too!

    Yes, I did get irritated by a response from ejmaztec which I initially perceived as flippant but the comment was probably intended to be funny, certainly his/her reply made me laugh!

    "Well, if you go off and design the perfect non-stick electric kettle, then you'll be able to retire on the proceeds, and you'll have loads of spare time for whatever indulgence takes your fancy.tongue.gif "

    For the others:-

    Russell Hobbs will look at the kettle if I post it to the Uk. Reasonable response but this would obviously cost postage with no guarantee of success. Plus I understand it is not their responsibility either way in this case!
    I'm more interested in going after Argos since I believe the least they should have done is take the kettle for examination.
    I have written to them in the UK with a copy of the receipt. I don't expect anything and may then take them to the small claims court but this will obviously be inconvenient for me. A week later I'm weighing up the thought of such inconvenience (for such a small amount) against my principles!
    BTW, after 3 emails they wouldn't entertain me in Ireland and said I had to deal with them in the UK.

    Finally, most of what was said is opinion, perhaps backed up by experience but not based on anything I can see in consumer web sites. I would be interested to see some links that back this up!

    I get the analogy with the cd/dvd players.
    How about the door sticking on your newly bought second hand car and then the door handle comes off when you try to open it!

    Covered by guarantee or excess force???


  • Registered Users, Registered Users 2 Posts: 3,736 ✭✭✭ch750536


    Calm down all, this is just the internet. llc, all you have been told here is correct, you broke the kettle, legally you can't do anything about this. However, if you are loud enough and shouty enough you may get what you want from the perspective of 'lets just do something to shut this person up', it's worth a go if you are happy doing this.

    The car analogy you give is a little wrong, it's more like the door was jammed so you used a sledgehammer to open it and the door fell off. Would they fix the car knowing excessive force had been used, probably not unless you shout about it enough.

    My opinion is, go buy a new kettle. Perhaps it was bad design, perhaps it was poor manufacturing. Maybe it was also a little user error.


  • Closed Accounts Posts: 370 ✭✭bongi69


    llc wrote: »

    I get the analogy with the cd/dvd players.
    How about the door sticking on your newly bought second hand car and then the door handle comes off when you try to open it!

    Covered by guarantee or excess force???

    If the door on my car stuck, and the door handle subsequently came off trying to open it, I'd jump in the passenger door and be straight back down to the dealers, and would be expecting to get it fixed. That is of course I used the door handle in the way it was meant to be used

    The door handle is designed to move under the force of a persons hand, and if it came off in my hand, thats a defect. If however, I went and got a crowbar and tried to open it by prising at it and it came off, this is excessive force.

    In the example I highlighted, the customer had broken off the CD drawer after operating it manually. On the DVD player model in question, to open the drawer the user is instructed to press the open button and the drawer would open itself. By using ones hand to open it manually, the customer was therefore using the product contrary to the instruction manual.


    OP don't get me wrong, I'm not trying to knock you in anyway, I'm trying to be constructive. Argos have no way of observing the original fault, since the lid is now detached from the kettle, and hence they are right in what they are saying. I know its hard to swallow on principle alone, but if they make this exception for you, then you could have every Tom, Dick and Harry that just break something because they don't like it, and then bring it back claiming its faulty. Most manufacturers will not credit a retailer for a product that is returned to them that is not faulty. The retailer is then left with a product it cannot sell, and has to put it down as a loss.

    As I said before, this might be a case where you take the loss on the chin, and next time a fault arises, make haste to the shop ASAP. As you've already written to the store (I presume from your post), I'll guess that Argos don't want to do anything.

    Have you tried a Google search on the kettle model in question to see if this is a design fault, to further strenghen your position? Or did you take out the product insurance on the kettle?


  • Registered Users, Registered Users 2 Posts: 3,332 ✭✭✭tatli_lokma


    bongi69 wrote: »
    Have you tried a Google search on the kettle model in question to see if this is a design fault, to further strenghen your position? Or did you take out the product insurance on the kettle?

    +1

    or perhaps contact the manufacturer stating the possibility of a design fault/operational issue. It may be a case that you are not the first person who had this problem. If this is the case then you can bypass argos and ask them to replace the kettle. They may not be as reluctant as argos, as they have prior knowledge of the fault you describe, so won't need 'proof'.

    Other than that I agree with other posters - its a bitter pill to swallow but you should have returned the kettle before it got to the stage where it was so deteriorated that in trying to use it you broke it. By breaking the lid you removed any sign to them that there ever was a fault.

    (also, wondering what all the fuss is about in the lid of a kettle! I almost never actually open the lid of mine, just stick the spout under the tap. If the lid was sticking what was the compulsion to keep pulling at it to the extent that it broke???:confused:)


Advertisement