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Incorrect description

  • 03-06-2010 10:19am
    #1
    Registered Users, Registered Users 2 Posts: 3,020 ✭✭✭


    I bought a compact digital camera from Argos recently, the description in the catalogue said it had 720p HD movie capture - on inspecting it at home it does'nt have this. The argos site says its exempt from refund. Since its not what I thought I was getting should i be entitled to a refund?
    X.


Comments

  • Subscribers Posts: 19,425 ✭✭✭✭Oryx


    An item should be as described. So you are entitled to a remedy if the camera is not what was described in the catalogue, but whether that turns out to be repair, replacement or refund is between you and argos.


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


    Product not as described, your entitled to a refund if they tell you otherwise they are wrong

    sale of goods and supply of services act 1980 means that:
    3. Goods must be ‘as described’
    The description given of the goods must
    match the packaging, the brochure or what
    the salesperson said.

    2. Goods must be ‘fit for
    They must do what you
    expect them to do.


    1. Goods must be of ‘merchantable quality’
    This means goods must be of an acceptable
    standard taking into account:
    • what they are supposed to do;
    • any advertising claims;
    • their durability; and
    • their price.

    http://www.consumerconnect.ie/eng/Hot_Topics/Our-booklets/NCA-Sale-of-goods.pdf
    What are my rights if things
    go wrong?
    If the goods fail to comply with any of these
    three criteria – for example they turn out
    to be faulty – you have certain clear rights
    under consumer legislation. These
    entitlements come under the three Rs:
    • repair
    • replacement
    • refund

    If they tell you that you are not entitled to any of the three above R's then they can go jump, print out the above link and show them the text, if they won't budge advise them you'll be taking them to small claims as you are perfectly within your rights.


  • Registered Users, Registered Users 2 Posts: 21,499 ✭✭✭✭Alun


    Personally I'd never, ever buy anything based on a description in a catalogue, especially electronic goods. It's so easy now to just check on a definitve source such as the manufacturer's website first before making these kinds of purchases.


  • Registered Users, Registered Users 2 Posts: 3,020 ✭✭✭xabi


    Thanks for the replies, I took it back, got my refund no questions asked :).

    X.


  • Registered Users, Registered Users 2 Posts: 5,566 ✭✭✭Gillo


    Just a bit of back ground information for you OP, ARgos usually offer a 14 or 16 exchange on goods if you change your mind but certain items are exempt from this. Camera's & camcorders are one of the things exempt, the reason is they used to have problems with people buying a high end camera for say a wedding or a holiday and then returning it.

    In your case as the other posters have pointed out it doesn't match the description, they'll possibley try and fob you off but stand your ground, if you get no joy which is a possibility, take a copy of the brochure when you are leaving and make a claim through the small claims court.


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