Rights on Faulty Item after 18 months

ChuckProphet

Hello,

I bought a Nexus tablet from Argos 18 months ago...was working perfectly until last week when it went a bit mad...pretty much unusable now.

I've tried reset to factory settings etc. but no joy. Must be hardware fault.

What's my rights if any? I have the box and receipt. Is there a time limit of 1 year that an item is covered?

Thanks,
ChuckP.

foggy_lad

There is usually a manufacturers warranty but the sale of goods act gives you better protection(statutory rights)

You may be entitled to a repair replacement or a real fund or at least partial refund if the product is faulty due to manufacturing fault or just poor quality etc.

This link should explain your rights in much better detail.

http://www.consumerhelp.ie/faulty-goods

ChuckProphet

foggy_lad wrote: »

There is usually a manufacturers warranty but the sale of goods act gives you better protection(statutory rights)

You may be entitled to a repair replacement or a real fund or at least partial refund if the product is faulty due to manufacturing fault or just poor quality etc.

This link should explain your rights in much better detail.

http://www.consumerhelp.ie/faulty-goods

Thanks for that - not crystal clear so checked the Argos site - looks like just up to a year. Might chance it and bring it in anyway.

What if there's a fault with the product?

We've made it easier!

If you bring it back to us within 30 days with your proof of purchase*, we'll give you a replacement or a refund.
If you've had the product for up to 1 year, we'll repair it. If repairing it is not possible, we’ll give you a replacement, and if that's not possible, we’ll give you a refund.

slimjimmc

You forgot the very important statement at the end of that section

This doesn't affect your statutory rights.

Your rights extend well past the 1 year they mention. So, after 18 months, they would still be obliged to offer a repair or replacement, or if neither possible/reasonable, a full or partial refund.
There is no defined time limit on your rights but you must lodge a claim within 6 years. That doesn't mean you're covered for defects for 6 years though, it depends on what's reasonable for the product/price, etc.

Go in and let them check the problem (they may send it away), but understand if the defect is caused by misuse then you may not be entitled to anything and may have to pay for examination or repairs.

Sam Mac

I would expect a tablet to last 2, if not three years at least. Bring it back in for a repair.

ChuckProphet

Sam Mac wrote: »

I would expect a tablet to last 2, if not three years at least. Bring it back in for a repair.

yeah I will do.

Anyone know if Argos stuff has to be returned to store it was bought in or will any branch take stuff back?

Sam Mac

ChuckProphet wrote: »

yeah I will do.

Anyone know if Argos stuff has to be returned to store it was bought in or will any branch take stuff back?

Any branch should be fine.

Chris_5339762

Argos is usually great for refunds/exchanges. Go talk to them all polite-like

ChuckProphet

went into Argos with it. No luck - once he saw receipt was over year old he said no. Tried the statutory rights etc. but no joy. Said I could return it to Asus myself, gave me contact but would be at my expense for repairs etc.
No harm trying I suppose

Sam Mac

ChuckProphet wrote: »

went into Argos with it. No luck - once he saw receipt was over year old he said no. Tried the statutory rights etc. but no joy. Said I could return it to Asus myself, gave me contact but would be at my expense for repairs etc.
No harm trying I suppose

Your contract is with the store so they should be dealing with you, not Asus directly. If they continue to say no, or you feel you are not getting anywhere, send a complaint directly to head office: amy.easterbrook@argos.co.uk and also john.walden@argos.co.uk

Both those addresses helped me get my issue resolved in a very timely manner.

same ol sh1te

Just deal with the manufacturer as you are outside your contract with the retailer, European law says electronic goods must have a 2 year manufacturer warranty if sold in the EU

dudara

same ol sh1te wrote: »

Just deal with the manufacturer as you are outside your contract with the retailer. European law says electronic goods must have a 2 year manufacturer warranty if sold in the EU

Your contract of sale is with the retailer and it has not "expired". Written letter to HQ would be next for me.

TireeTerror

ChuckProphet wrote: »

went into Argos with it. No luck - once he saw receipt was over year old he said no. Tried the statutory rights etc. but no joy. Said I could return it to Asus myself, gave me contact but would be at my expense for repairs etc.
No harm trying I suppose

This is typical of most shops in the country. Staff have no idea what the law is, spouting drivel like "Its store policy" etc, but the fact is store policy does not and cannot interfere with your statutory rights. All goods bought must be fit for purpose for a reasonable amount of time. So simply go back in, ask for the manager, ask him if you were considering buying this product new, should I expect it to last longer than 18 months? Of course he is going to say yes to that, and therefore you can say, well this has only lasted 18 months and I have been very careful with it. However it is faulty and I would like either a repair, a replacement or a refund.

You have no contract with the manufacturer, you did not buy it from them, your contract is with the store that sold it to you. I have been through this procedure time and time again, and the lack of staff training is disgusting. The manager in many stores will swear on the bible that he is correct, but ask him to go on a speakerphone with his head office to seek clarification on the matter. Most stores have internet access, take him and show him the info posted in the links you now have.

It will take a little determination from you, but do not give up. I buy most stuff from Amazon now, they fully understand the law and Ive had nothing but a great experience with them, even getting a brand new €180 gaming headset replaced after 2 years of use every day because the volume control started playing up a little.

TireeTerror

same ol sh1te wrote: »

Just deal with the manufacturer as you are outside your contract with the retailer, European law says electronic goods must have a 2 year manufacturer warranty if sold in the EU

Even with a 2 year manufacturers warranty, it does not mean he has to deal with the manufacturer. He only has to converse with the place that he bought it. If the retailer wishes to return it to the manufacturer, then that is their business. It is entirely the retailers responsibility to ensure they comply with the law, and from my own experience they are failing on the very basics.

same ol sh1te

What I mean is, it's easier and less hassle to deal with the manufacturer, they will step up to the mark immediately, no hassle. Asus are replacing these under warranty every day.

Sam Mac

same ol sh1te wrote: »

What I mean is, it's easier and less hassle to deal with the manufacturer, they will step up to the mark immediately, no hassle. Asus are replacing these under warranty every day.

You shouldn't have to though. Argos seem to think after a year it's not their problem, but in reality it is their problem. They were the ones who sold the item to you, they should be the ones to sort out any issues with the product in question. It's just bad form to shoo a customer away to the manufacturer, and I for one wouldn't stand for that kind of treatment.

lulu1

A few years ago I bought 2 tablets in argos costing 250e each. From the day we bought them they were usless. It would take 10 mins to load a page. They sat in the house for well over a year, no one would use them. Decided to see would argos take them back, this was about a year and a half later. Up I went to customer services and explained my story. ( i still had receipts) girl went away to see manager. Could not believe it when she came back and said we could have our money back or pick another table. I asked her was there a fault in the tablets, she said that the company that made them went bankrupt. I didn't ask any more questions, i just took the money and ran.

Sam Mac

lulu1 wrote: »

A few years ago I bought 2 tablets in argos costing 250e each. From the day we bought them they were usless. It would take 10 mins to load a page. They sat in the house for well over a year, no one would use them. Decided to see would argos take them back, this was about a year and a half later. Up I went to customer services and explained my story. ( i still had receipts) girl went away to see manager. Could not believe it when she came back and said we could have our money back or pick another table. I asked her was there a fault in the tablets, she said that the company that made them went bankrupt. I didn't ask any more questions, i just took the money and ran.

Argos are usually a shambles of a company, they rarely honour consumer law and seem to think they don't have to do anything with regards to after sales service. Glad you got your money back though, I wouldn't touch them again for anything electronic.

TireeTerror

Sam Mac wrote: »

Argos are usually a shambles of a company, they rarely honour consumer law and seem to think they don't have to do anything with regards to after sales service. Glad you got your money back though, I wouldn't touch them again for anything electronic.

If you know your stuff, it doesn't matter if Argos try to avoid following the law, you just force them to follow it. These companies always buckle when you start pressuring them, raising your voice at the customer services department, making sure you film them, catch them telling lies and then when you email said video to head office, who fully understand the law, then not only will you get your money back, but you will also get a nice fat paycheck if you agree not to take them to court. Only a few customers will do this, as most will give up and that will be it, so its financially worth it for them. So dont be the sucker, you be the one taking from them.

Absolam

TireeTerror wrote: »

These companies always buckle when you start pressuring them, raising your voice at the customer services department, making sure you film them,

Don't forget to ask their permission first though, or you may find yourself on the other side in court.

TireeTerror

Absolam wrote: »

Don't forget to ask their permission first though, or you may find yourself on the other side in court.

Do they ask for permission when they record me on their security cameras? Perhaps I will have a t-shirt with a warning on it, they will assume its just some t-shirt and not an actual notice of intent. That is not my fault....

Bepolite

TireeTerror wrote: »

If you know your stuff, it doesn't matter if Argos try to avoid following the law, you just force them to follow it. These companies always buckle when you start pressuring them, raising your voice at the customer services department, making sure you film them, catch them telling lies and then when you email said video to head office, who fully understand the law, then not only will you get your money back, but you will also get a nice fat paycheck if you agree not to take them to court. Only a few customers will do this, as most will give up and that will be it, so its financially worth it for them. So dont be the sucker, you be the one taking from them.

What a lot of rubbish. So your suggestion is to bully someone who is simply following a policy laid down by their employer?

OP be an adult not a child throwing a tantrum. We have a very cheap and easy small claims procedure to deal with consumer contract disputes.

timetogo

Bepolite wrote: »

What a lot of rubbish. So your suggestion is to bully someone who is simply following a policy laid down by their employer?

OP be an adult not a child throwing a tantrum. We have a very cheap and easy small claims procedure to deal with consumer contract disputes.

+1000 to that.

I used to work in retail. Shouting gets you ignored e.g "I Know My Rights" or laughed at. If you start acting like a nutter they won't give a crap about you.

Polite customers generally get treated better and then there's small claims court if you get nowhere.

Bepolite

timetogo wrote: »

+1000 to that.

I used to work in retail. Shouting gets you ignored e.g "I Know My Rights" or laughed at. If you start acting like a nutter they won't give a crap about you.

Polite customers generally get treated better and then there's small claims court if you get nowhere.

I'm almost twenty years in customer service at this stage. Thankfully nice customers still get more than asshats. I was never adverse to escorting people off the premises if they raised their voice towards my staff in retail.

99.9% of people who say I know my rights, don't. I see the 2 year EU warranty myth is still doing the rounds.

All this said and done you don't even have to be nice, a letter to head office will almost always work where it doesn't a summons will. I don't understand why people won't complain in writing - it is always dealt with more seriously.

Absolam

TireeTerror wrote: »

Do they ask for permission when they record me on their security cameras?

I'm fairly sure they have a sign outside that says something to the effect that by entering the premises you signal your consent to being recorded on cctv, so yes, I think they do?

TireeTerror wrote: »

Perhaps I will have a t-shirt with a warning on it, they will assume its just some t-shirt and not an actual notice of intent. That is not my fault....

I would honestly love to watch someone present that argument to a judge. I imagine it would be enormously entertaining.

Bepolite

Absolam wrote: »

I would honestly love to watch someone present that argument to a judge. I imagine it would be enormously entertaining.

To be completely frank (and I know your comment was tongue in cheek) given the nature of the SmCC procedure I suspect the registrar would listen to any recoding made, notwithstanding permission, if it was relevant as an aide-memoire.

The point being though that it's very unlikely any recording would ever be relevant. These things always go the same way.

Buyer "Hi this has broken"
Seller "Out of warrnaty guvnor" taps on policy sign.
Buyer "I know my rights - I've 6 years to make a claim under my statutory rights" (Let pretend this is Foggylad who actually does know his rights)
Seller "Company policy is blah blah"
Buyer "Can I speak to a manager please"
Manager "It's company policy"
Buyer "May I have head offices address please?"
Manager "Here you go"
Buyer Send off letter
Head office "Here is a cheque and some voucher for the inconvenience"
OR
Head office "It's company policy"
Buyer Logs in to Courts.ie
Head Office "Here's a cheque and some vouchers"

No one ever lies about this, there is no conspiracy just well published company policies that are wrong because there is no enforcement in Ireland.

Absolam

Bepolite wrote: »

To be completely frank (and I know your comment was tongue in cheek) given the nature of the SmCC procedure I suspect the registrar would listen to any recoding made, notwithstanding permission, if it was relevant as an aide-memoire.

Ah, I was more thinking of TireeTerror getting sued by Argos for breaching their privacy / data protection rights. Saying 'But your honour, I was clearly wearing this t-shirt' would likely produce an entertaining response is what I was thinking.

TallGlass

Bepolite wrote: »

99.9% of people who say I know my rights, don't. I see the 2 year EU warranty myth is still doing the rounds.

Far as I know it is a law and not a myth?

eur-lex.europa.eu/legal-content/EN/ALL/;ELX_SESSIONID=GXyZTh9XscrygY2RYVhqBTJdgGhLMQsnTqT4Tn1cRl81NM3wyTyv!-272511486?uri=CELEX:31999L0044

See Article 5 section 1 ;

Article 5

Time limits

1. The seller shall be held liable under Article 3 where the lack of conformity becomes apparent within two years as from delivery of the goods. If, under national legislation, the rights laid down in Article 3(2) are subject to a limitation period, that period shall not expire within a period of two years from the time of delivery.

Right's laid down in Article 3

Article 3

Rights of the consumer

1. The seller shall be liable to the consumer for any lack of conformity which exists at the time the goods were delivered.

2. In the case of a lack of conformity, the consumer shall be entitled to have the goods brought into conformity free of charge by repair or replacement, in accordance with paragraph 3, or to have an appropriate reduction made in the price or the contract rescinded with regard to those goods, in accordance with paragraphs 5 and 6.

3. In the first place, the consumer may require the seller to repair the goods or he may require the seller to replace them, in either case free of charge, unless this is impossible or disproportionate.

A remedy shall be deemed to be disproportionate if it imposes costs on the seller which, in comparison with the alternative remedy, are unreasonable, taking into account:

- the value the goods would have if there were no lack of conformity,

- the significance of the lack of conformity, and

- whether the alternative remedy could be completed without significant inconvenience to the consumer.

Any repair or replacement shall be completed within a reasonable time and without any significant inconvenience to the consumer, taking account of the nature of the goods and the purpose for which the consumer required the goods.

Bepolite

EU directives do not have direct effect between private parties.

You need to look here

dudara

Parts of the European directive were not implemented in Ireland, as our Consumer law was deemed to provide stronger protection. It may be a European directive, but each country still has to enact it.

TallGlass

Bepolite wrote: »

EU directives do not have direct effect between private parties.

You need to look irishstatutebook.ie/2003/en/si/0011.html

Not sure what you mean? Could you state in the link you have provided what section you are talking about ?