Argos & Blackberry Mobile

[angry cat]

My daughter bought a Blackberry phone from Argos a couple of months ago and now it doesn't work.

 

She took it back to Argos and they will not replace or refund her money;

they say only will replace or refund if purchased less than 30 days ago.

 

Surely, this isn't right?

 

I thought that the Sale of Goods Acts applied;

not fit for purpose etc.

 

Argos want to send it away to be repaired.

 

Please advise.

 

AC

[Czechoslovakia]

My daughter bought a Blackberry phone from Argos a couple of months ago and now it doesn't work.

 

She took it back to Argos and they will not replace or refund her money;

they say only will replace or refund if purchased less than 30 days ago.

 

Surely, this isn't right?

 

I thought that the Sale of Goods Acts applied;

not fit for purpose etc.

 

Argos want to send it away to be repaired.

 

Please advise.

 

AC

 

To reject goods it must be done almost immediately (presumably the Argos 30 day limit - although there is actually no specific time limit in the act.

 

If a fault appears up to six months - then the problem is with the supplier - and you should approach them firstly. But if they have disappeared you can chase the manufacturer.

 

From six months to a year - its the manufacturer you chase - unless you can show the problem was inherent - or appeared in the first six months - or was there when bought (such as bad phone firmware) - after a year you are using the manufacturers warranty (if any) - ALTHOUGH some people have been successful in claiming EU covers products longer...

 

Battle looms over two-year guarantee on goods | Money | The Guardian

 

However, anything with mobile phones seems to be based on trying to deny your rights by maximising inconvenience.

Edited September 23, 2009 by Czechoslovakia

[angry cat]

Update;

 

after conferring with Consumer Direct, got back on to Argos and;

 

challenged them under, the Sale of Goods Act 1979 (as amended);

 

advising them that;

the phone is not of satisfactory quality;

they are in breach of Contract under SOGA;

a reasonable amount of time has not passed;

Argos Store forcing restrictions on this time scale and my daughters statutory rights;

Trading Standards will be investigating the matter.

 

Argos caved in and stated that they will replace the Blackberry phone;

they have another in stock.

 

Daughter, on her way to collect new phone & return the dud one.

 

AC