I'm about to return some faulty earphones to Argos. The item was listed as being excluded from their 30 days returns policy (on hygiene grounds, I presume) however, I believe the law says differently in terms of faulty goods.

I do still have a receipt but no longer have the packaging as I had to cut these open.

I'm going to argue that as per the Sale of Goods Act 1979 I am still entitled to a replacement, as I had them less than a week before they broke and they were quite evidently not fit for purpose. I just know I'm going to get some little Hitler who thinks he knows better though, so I wondered if you lot knew of any other science I could blast them with?

Cheers.

There's some good bumpf here, actually:

www.moneysavingexpert.com/shopping/consu...hts-refunds-exchange

I could be wrong, but I think the no returns thing relates to changing your mind about a purchase, rather than returning for being faulty.

Gilly wrote:
I think so, but the staff at Argos are fuckers for some reason and despite the fact that they're rapidly being replaced by robots, they seem to want to cling to some sense of importance about their role.

If in doubt, contact the Trading Standards office in your area for advice or potential intervention.

It's really down to these sections of the Sale of Goods Act ...

Satisfactory quality, s 14(2)
[11] The quality of the goods sold must be satisfactory (prior to 1994, this provision required 'merchantable' quality; this requirement has been retained in most Commonwealth versions of the Act). The Act provides an objective test to determine satisfactory quality; the standard that a reasonable person would regard as satisfactory, taking into account the price, description and any other relevant factors.[12] The courts have identified certain factors that may raise or lower the expectation of satisfaction. Second hand goods, per Bernstien v. Pamson Motors Ltd.,[13] will attract a lower expectation. On the other hand goods of a reputable brand may attract a higher expectation, the judge in Bernstien used the example of a small ping on a Rolls-Royce being unsatisfactory. 'Other relevant factors' may include advertising in the case of consumer contracts.[14]

Fitness for purpose, s14(3)
If the buyer expressly or impliedly makes his purpose for the goods known to the seller, the seller is obliged to make sure the goods provided are fit for that purpose, if it is reasonable for the buyer to rely on the seller's expertise. An example of the application of this provision can be found in Godley v Perry[15]

Under section 15, when goods are bought by bulk and the buyer has tested or examined a small number of those goods, the seller is obliged to make sure that every item in the bulk corresponds with the quality of the sample tested or examined.[16]

Ab Origine wrote: If the items are faulty then they shouldn't be resold, therefore the hygiene issue is redundant.

Well, as much as I expect you to get satisfaction one way or another, I've a few spare pairs of the ear-bud type. There were some decent ones came with my smart-phone that you're welcome to.

I paid quite a lot for a pair of Ultimate Ears ones about 4 years ago and treat them like a precious, delicate baby, so they're the ones I always use.

feather wrote:
This is what I'm going for. Also gets me out of the 'no packaging/unused' rubbish anorl.

Gilly wrote:
Cheers Gilly, I've actually bastardised these with an old pair just to get me through the week tbh, but the good people of Argos don't have to know this.

Ab Origine wrote: The packaging thing is bs anyway.
You didn't buy packaging, you bought the contents.
It is unreasonable to expect everyone to retain the packaging for every item they have purchased until guarantee periods expire.
You should only need the goods and a proof of purchase/receipt.

I'd also tell them that they weren't working when you first tried to use them but this is your first chance to get back to the store to return them.
If you know something's goosed but you use it for a time anyway, they can claim you accepted the goods in that condition.

They do try it on sometimes. If they were unused, you'd never have been able to determine that they didn't work.

I'm going for the 'they never worked on one side' angle to begin with. I'll take my radio with me so they can see for themselves. Shouldn't require any more than this but you know how some people are...



Thanks all for your advice.

Top tip:
Be nice to the jobsworth behind the desk and they'll be more likely to sort something out for you.
Give them loads of right off and they'll do nothing but fuck you over, cause they can.

Just human nature innit.

are you sure they were supposed to work. they're not just decorative so you can look "cool"?

Success!! Up yours, the man!!!

I just flashed one of my winning smile/cheeky wink combos and the customer service totty turned to goo.

feather wrote:
Having been on the receiving end in the past, I'd never approach another human being like that right off the bat. In my experience, if bribery with cash/sexual favours doesn't work, this kind of approach is really a last resort but even then, very often only serves to exacerbate the situation.

batou wrote:
They do make me look "cool" but primarily, I parted with my hard-earned so I could also listen to some fine tunes while dutifully doing my soul-destroying day job.

Speaking of looking cool, Mr Bats....I nicked a gas mask from work the other day. I'm planning an outfit around it for next weekend actually.

Ab Origine wrote: Woohoo!
The revolution starts here!

Lets return ALL of the things!!


Fuck you consumerism!
Fuck you Russell Brand we have Ab's!!

abs, i had really hoped you might go as me for halloween.