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Argos & faulty product!

Stewball

Hi,

I bought a TV from Argos on Monday. Connected it to my Sky box that evening and could hear a hissing noise from the speakers.

Brought the TV back on Wednesday and was told they need to check out the fault, got a call yesterday saying they couldn't find a fault with the sound, I was told to bring the TV home and record/video the 'hissing' noise and come back in to show them video.
I did that today and was told by two employees they can't hear the noise. They said they'll have the manufacturers' repair guy check it out.

They have a 30 day change of mind return policy, but I was told because I opened the box I can't avail of that. OF COURSE I opened the bloody box!!:rolleyes:

What are my options here to get my money back?
Chargeback?

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Jim_Hodge

FobleAsNuck wrote: »

Ok, I can clearly see some people are almost offended when using the word "faulty".

https://www.citizensinformation.ie/en/consumer/shopping/repairs_replacements_and_refunds.html#l3eee1

OP, take it back as "not fit for purpose", end of story.

This means you do not have to prove anything.

That's fine if the fault is with the TV. That has yet to be proven.

Darc19

FobleAsNuck wrote: »

Ok, I can clearly see some people are almost offended when using the word "faulty".

https://www.citizensinformation.ie/en/consumer/shopping/repairs_replacements_and_refunds.html#l3eee1

OP, take it back as "not fit for purpose", end of story.

This means you do not have to prove anything.

It's this type of ridiculous advice that causes major problems.

You must be able to demonstrate the fault.

The op has not been able to do that as the be TV seems to work when tested by the store.

There is a near identical issue in certain skyQ boxes that conflict with some TVs (not just oled it seems), so it is an likely that it is the sky box that is faulty.

The TV is not sold "subject to working with a skyQ box"

A software update on the sky box or replacement to the newer model that does not have this issue is probably needed.

FobleAsNuck

Yeahm - No, you don't need to "demonstrate" anything, as the above says the seller needs to prove otherwise. And I find your argument about assumption the tv is working with Sky riddiculous...

[Deleted User]

FobleAsNuck wrote: »

Yeahm - No, you don't need to "demonstrate" anything, as the above says the seller needs to prove otherwise. And I find your argument about assumption the tv is working with Sky riddiculous...

I suspect at the very least you should be able to show that there is a fault where you claim one exists, wouldn’t you think?

FobleAsNuck

No, I wouldn't, as per my earlier quote from Citizen Information.

This means you do not have to prove anything.

So, to answer your question, no, all you need to do is to say it's not fit for purpose, no "proving" anything.

As for the expectation that the tv would work with Sky:

Sale of goods and supply of Services Act 1980

When you buy products, they must be ‘in conformity with the contract’. This means they must be:
[...]
Fit for the purpose you bought it for – they should work and do what they are reasonably expected to do
[...]

I'll leave it here, unless you can back up your gut feeling with anything. Consumer protection rules have consumer at heart, "This means you don't have to prove anything" is a reflection on that. And before you ask why isn't everybody returning stuff under this pretense - it's up to the seller to make up for this, which may include either fixing the issue, replacing it, refund or a discount due to the fault.

fritzelly

FobleAsNuck wrote: »

No, I wouldn't, as per my earlier quote from Citizen Information.

This means you do not have to prove anything.

So, to answer your question, no, all you need to do is to say it's not fit for purpose, no "proving" anything.

As for the expectation that the tv would work with Sky:

I'll leave it here, I can see that some people like arguing for fun. Consumer protection rules have consumer at heart, "This means you don't have to prove anything" is a reflection on that.

That's some bastardization of the law - it does not extend to miraculously fixing externally connected faulty devices

If there is no sound issue when the sky box is not connected it leads to one simple source of the fault

[Deleted User]

FobleAsNuck wrote: »

No, I wouldn't, as per my earlier quote from Citizen Information.

This means you do not have to prove anything.

So, to answer your question, no, all you need to do is to say it's not fit for purpose, no "proving" anything.

As for the expectation that the tv would work with Sky:

I'll leave it here, unless you can back up your gut feeling with anything. Consumer protection rules have consumer at heart, "This means you don't have to prove anything" is a reflection on that. And before you ask why isn't everybody returning stuff under this pretense - it's up to the seller to make up for this, which may include either fixing the issue, replacing it, refund or a discount due to the fault.

Which part of consumer legislation applies if there isn’t actually a fault with the item? Please link to that.

cruizer101

FobleAsNuck wrote: »

This means you do not have to prove anything.

If you look at the next part of table

The "proof" that they are talking about is when the fault appeared not whether or not it has a fault.
If that was the case anyone could return anything within 6 months and just say it doesn't work, thats nonsense.

Jim_Hodge

FobleAsNuck wrote: »

Yeahm - No, you don't need to "demonstrate" anything, as the above says the seller needs to prove otherwise. And I find your argument about assumption the tv is working with Sky riddiculous...

You do need to demonstrate a fault. You can't just go back with an appliance up to six months after purchase and demand a refund because you say it's faulty. The shop checked and see no fault. The OP didn't check if the fault is solely in the TV.
What you do not need to prove is that the fault existed at purchase. This assumes a fault. You're misinterpreting to to say you don't need to prove a fault exists at all. You're way off.

whippet

FobleAsNuck wrote: »

Yeahm - No, you don't need to "demonstrate" anything, as the above says the seller needs to prove otherwise. And I find your argument about assumption the tv is working with Sky riddiculous...

the seller has tested it on another input and has satisfied themselves that there is no fault with the TV.

Stewball

So got a call from Argos on Tuesday telling me that the manufacturer wouldn't accept the video I made and they wanted to troubleshoot with me over the phone.
I picked up the TV again from Argos and went through the whole troubleshoot nonsense over the phone with one of the manufacturers agents. None of it worked and they told me to make another video of the fault and send it to them - I did that on Thursday and have yet to hear back from them.

On Friday I was fed up with the whole process, so I packed up the TV, sealed the box and drove to another Argos store.
I returned the TV under their 30 day returns policy and didn't mention anything about the fault and the hassle I had at the other store.

Refund was processed there and then and my money was back in my account today. Happy days!!

antix80

Stewball wrote: »

.
I returned the TV under their 30 day returns policy and didn't mention anything about the fault and the hassle I had at the other store.

I guess we'll never know whether the tv was faulty.

Also argos 30 days returns is for unopened and unused items.

Guy:Incognito

antix80 wrote: »

.

Also argos 30 days returns is for unopened and unused items.

Exactly. So now someone else is going to pay full whack for someone's 2nd hand TV and be told it was a new one and not believed when they bring it back and say it was already opened.

But sure who gives a **** about other people, isn't that the done thing nowadays..............

Flinty997

Guy:Incognito wrote: »

Exactly. So now someone else is going to pay full whack for someone's 2nd hand TV and be told it was a new one and not believed when they bring it back and say it was already opened.

But sure who gives a **** about other people, isn't that the done thing nowadays..............

I don't think argos is as good for returns as it used to be.

Easier to use Amazon these days.

FobleAsNuck

Stewball wrote: »

So got a call from Argos on Tuesday telling me that the manufacturer wouldn't accept the video I made and they wanted to troubleshoot with me over the phone.
I picked up the TV again from Argos and went through the whole troubleshoot nonsense over the phone with one of the manufacturers agents. None of it worked and they told me to make another video of the fault and send it to them - I did that on Thursday and have yet to hear back from them.

On Friday I was fed up with the whole process, so I packed up the TV, sealed the box and drove to another Argos store.
I returned the TV under their 30 day returns policy and didn't mention anything about the fault and the hassle I had at the other store.

Refund was processed there and then and my money was back in my account today. Happy days!!

told ya

Stewball

Guy:Incognito wrote: »

Exactly. So now someone else is going to pay full whack for someone's 2nd hand TV and be told it was a new one and not believed when they bring it back and say it was already opened.

But sure who gives a **** about other people, isn't that the done thing nowadays..............

Do you expect me to take a €500+ hit on a faulty TV?
I told Argos the TV was faulty, I even provided them with video proof and they refused to accept it.
What happens next is on them!

Stewball

antix80 wrote: »

I guess we'll never know whether the tv was faulty.

Also argos 30 days returns is for unopened and unused items.

Wrong. The return policy on the website says nothing about items being 'unopened'.

The sales assistant actually opened the packaging in front of me to see if the remote, manual etc were still in the box.

runawaybishop

Stewball wrote: »

Wrong. The return policy on the website says nothing about items being 'unopened'.

The sales assistant actually opened the packaging in front of me to see if the remote, manual etc were still in the box.

The item should be unused, in its original packaging and in a re-sellable condition.

You used the item and opened it, so it was no longer in the original, sealed packaging.

You pulled a fast one, don't pretend otherwise.

Treppen

runawaybishop wrote: »

The item should be unused, in its original packaging and in a re-sellable condition.

You used the item and opened it, so it was no longer in the original, sealed packaging.

You pulled a fast one, don't pretend otherwise.

That's a bit illogical, how can any product demonstrate a fault if it's still unused and in its original packaging!

[Deleted User]

Treppen wrote: »

That's a bit illogical, how can any product demonstrate a fault if it's still unused and in its original packaging!

Exactly, it is still open to debate whether the op actually demonstrated there was a fault with TV when using an RF connection from an old sky box.

But as the op is now discussing their returns policy, it appears he/she is a bit fuzzy on that as well.

https://www.argos.ie/static/ArgosPromo3/includeName/ReturnsAndRefunds.htm?desktopSiteActive=true

Stewball

runawaybishop wrote: »

The item should be unused, in its original packaging and in a re-sellable condition.

You used the item and opened it, so it was no longer in the original, sealed packaging.

You pulled a fast one, don't pretend otherwise.

No mention in the return policy about being 'unopened' or 'sealed'.

[Deleted User]

Stewball wrote: »

No mention in the return policy about being 'unopened' or 'sealed'.

It’s literally in the first paragraph of the link I posted above.

runawaybishop

Treppen wrote: »

That's a bit illogical, how can any product demonstrate a fault if it's still unused and in its original packaging!

The returns policy has nothing to do with faulty goods. They accept goods back for change of mind. Faulty goods policy is seperate to this.

Jim_Hodge

Treppen wrote: »

That's a bit illogical, how can any product demonstrate a fault if it's still unused and in its original packaging!

But the crucial piece is he returned it as a change of mind not as faulty. It is now in a store supposedly in perfect condition yet he maintains it is faulty.

Gooser14

Jim_Hodge wrote:

But the crucial piece is he returned it as a change of mind not as faulty. It is now in a store supposedly in perfect condition yet he maintains it is faulty.

But didn't they tell him that they couldn't find any fault with the TV. So he returned a fully serviceable TV to them.

Jim_Hodge

Gooser14 wrote: »

But didn't they tell him that they couldn't find any fault with the TV. So he returned a fully serviceable TV to them.

HE maintains it is faulty but was willing to box it up, say nothing in a second store and let another buyer have his 'faulty' TV. Jammy fast one by anybody's book.

Stewball

Jim_Hodge wrote: »

HE maintains it is faulty but was willing to box it up, say nothing in a second store and let another buyer have his 'faulty' TV. Jammy fast one by anybody's book.

I prefer to look at it as I prevented "a fast one" being pulled on me.

EDIT: Actually I never mentioned, when I first opened the TV, I had a feeling the TV had been used/returned before. The front page of the manual was ripped and the protective plastic film that is usually stuck around the frame of a new TV had already been removed. I had mentioned the film being removed but the sales assistant brushed it off by telling me 'not all TVs come with the protective film' - which may be true, but I never came across a new TV without it before.

Stewball

Gooser14 wrote: »

But didn't they tell him that they couldn't find any fault with the TV. So he returned a fully serviceable TV to them.

Exactly. I told them about the fault, they refused to believe me. What happens next is on them.

[Deleted User]

Stewball wrote: »

Exactly. I told them about the fault, they refused to believe me. What happens next is on them.

You got lucky.

Stewball

runawaybishop wrote: »

The returns policy has nothing to do with faulty goods. They accept goods back for change of mind. Faulty goods policy is seperate to this.

When they refused to acknowledge the fault after I showed them video evidence - I asked if I could return it under the 'change of mind' policy - they refused.

I wasn't going to be left with a €500+ hole in my pocket and a faulty TV.

What makes me laugh is all the 'holier-than-thou' posters in this thread who would do the exact same thing if they were in my position. :rolleyes: