Argos 30 day money back guarantee for faulty items

[Last Of The Time Lords]

Hi,

 

*I study law at Derby University and I am very familiar with laws which cover this area. If an item develops a fault within the first 6 months of purchase but outside the 30 days then Argos cannot enforce this 30 day rule. The Sale of Goods Act 1979 requires the seller (NOT THE MANUFACTURER) to replace, repair or refund if items do not conform to S.14 of SOGA, i.e they are faulty. S.48A of SOGA basically says that if an item is faulty with 6 months of purchase then in the eyes of the law it was faulty from day 1. Also if Argos say that after 30 days THEY will not repair, refund or replace but pass you on to the manufacturer then what Argos are basically saying is excluding or restricting SOGA which is contrary to S.6 of the Unfair Contract Terms Act 1977. That is my understanding at least. Anyone else got an opinion on this?

 

*All my advice is given without prejudice.

Edited October 3, 2010 by Last Of The Time Lords

[blitz]

This is clear in the back of the catalogue that you are always entitled to a repair, replacement or refund on faulty goods. The 30 day rule does not affect faulty goods, as this is illegal, (Nothing can override your statutory rights).

 

The 30 day money back guarantee only applies to non-faulty items

[Last Of The Time Lords]

Perhaps then Argos might say that if you buy a washing machine and it goes wrong after 5 months, contact the manufacturer. But as S.48A dictates, Any faults up to 6 months from purchase were there from day 1. So therefore within the 30 days anyway and even though I believe they are excluded by the Argos smallprint from the 30 day money back guarantee, this section would overrule that smallprint as might S.6 of the Unfair Contract Terms Act.

 

Basically a fault within the first six months gives the consumer a right to have a refund or replacement and not just be told to contact the manufacturer for a repair. That is how I understand the legislation.

[blitz]

Firstly you are bringing in the 30 day money back guarantee unnecessarily, no part applies to faulty goods. If we did then Argos would be breaking the law and you can guarantee it would have been brought up before now.

 

Secondly the retailer is responsible for goods for six years from delivery in the UK, not just six months. A retailer can not fob you off to the manufacturer however especially with white goods a manufacturer will offer a very good repair service for which if you phoned up the retailer they would just act as a third party for the same procedure. Its often easier for the buyer to deal with the manufacturer direct instead. I don't see this as fobbing off but the repair service allowed by the SGA 48B.

 

A retailer can opt for repair or replacement after you have accepted the goods, this is done by keeping the goods for a reasonable period of time without indicating you have rejected them. Most companies would accept this as a month however depends on the circumstance and goods in question. There is no right for a refund or replacement within that six months, after acceptance it is repair or replacement dependent on which is less costly for the retailer. A refund (Rescinding from the contract) is only applicable if this is impossible or causes significant inconvenience to do so. The six month period is known as the reverse proof of burden in which the retailer is responsible for proving the item conformed to contract on delivery. After this time the buyer must prove it did not conform to contract instead.

 

The point remains that if you want Argos to deal with a faulty item you can insist they deal with that, we do not use the line its exempt from our guarantee so go to the retailer, that is restricting the statutory rights of the consumer, and illegal.

[Last Of The Time Lords]

Cool. Don't get me wrong by the way, I have not got a problem with Argos and I have not got faulty goods that require repair etc, I was just curious so thanks for the reply.

Edited October 8, 2010 by Last Of The Time Lords