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Headphones from Argos last 3 days before snapping.

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  • 27-04-2019 2:59pm
    #1
    Site Banned Posts: 328 ✭✭


    I bought a pair of headphones ( Gioteck Tx-30) three days ago and due to their use of a very cheap plastic instead of a metal band in the headpiece, they already snapped where the cup meets the band. The product was used very lightly, I've never had a product go bad so quickly... I had a Google to see if this was an issue, but didn't see any mentions. I reckon this is largely due to their cheap price, so they're primarily used by younger people with smaller heads who don't need to adjust the length the band, but also because they're a pretty no-name cheap Chinese brand and so don't sell that much.

    I have the receipt, but not the box. I went into them and the manager was extremely patronizing and accusing claiming I 'pulled them too far apart' (I didn't see her in the room when it happened but apparently she was there) and she wouldn't do anything about it, even though they have a policy that includes product faults even without box. She wouldn't accept this was a product faults due to the use of cheap plastic, and insisted it was physical damage caused by myself.

    Do I have any recourse here, aside from complaining about the manager to Argos? Do any irish, European consumer laws apply here?


«1

Comments

  • Registered Users Posts: 69,013 ✭✭✭✭L1011


    For that price your recourse is limited as the non-recoverable cost of a small claims case is more than the headphones cost to begin with.

    Personally I'd write it off as a buy cheap buy twice experience due to the time involved in fighting it - I wouldn't work for 8 quid an hour or less depending on how much longer it takes to argue!


  • Registered Users Posts: 1,560 ✭✭✭porsche boy


    As my Dad says, I'm not rich enough to buy cheap. Took me a while to figure out what he meant.


  • Site Banned Posts: 328 ✭✭ogsjw


    As my Dad says, I'm not rich enough to buy cheap. Took me a while to figure out what he meant.

    Your father is a wise man, I don't have much of a choice unfortunately.

    Ask your da if he has any duck tape ;)


  • Registered Users Posts: 86 ✭✭Lucan123


    At 16 euro I'd still expect them to last longer then 3 days. I would go back to the shop, be calm and explain the situation. If they still refuse - ask them to explain what "Robust build Quality" refers to as this is how they are described on the website. Don't go in all guns blazing, don't refer to the cheap build quality. Hopefully a different manager will be there when you go back.


  • Registered Users Posts: 6,766 ✭✭✭RossieMan


    No. Literally no recourse as being cheap and filmsy is not reason for a refund. You bought cheap, you got cheap. You need extra care with cheap products.


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  • Registered Users Posts: 86 ✭✭Lucan123


    RossieMan wrote: »
    No. Literally no recourse as being cheap and filmsy is not reason for a refund. You bought cheap, you got cheap. You need extra care with cheap products.

    Items should be as described. Item https://www.argos.ie/webapp/wcs/stores/servlet/Search?searchTerms=8670724 is described as "Robust build quality." and not Cheap and filmsy as you described. These headphones had been previously on sale at 32 euro (as per checkargos) and I would definitely expect headphones at that price to last more then 3 days

    OP definitely go back to argos and ask for a repair, replacement or refund - as per your consumer rights.


  • Registered Users Posts: 69,013 ✭✭✭✭L1011


    The problem is that Argos are likely to refuse again and the next step - small claims - is out due to cost. There is a requirement for the item to be of merchantable quality but it's really unenforceable on cheap things

    It'll use time and possibly transport costs to go back to Argos to probably get refused again on a 16 euro item.

    This is below the level I draw the line of practicality over principle


  • Registered Users Posts: 461 ✭✭RickBlaine


    Maybe send an email to Argos instead of dealing with the store manager. In your email, no harm mentioning the Sale of Goods and Supply of Services Act 1980 (https://thecai.ie/your-rights/your-rights/know-your-rights/). It will indicate you know what you are talking about.


  • Registered Users Posts: 6,766 ✭✭✭RossieMan


    It's generally user error which break these type of things in fairness.
    They won't last long if not used properly. I've had a pair of these and they're still fine. I suspect the OP either misused or got a dodgy pair.


  • Registered Users Posts: 25,457 ✭✭✭✭coylemj


    RickBlaine wrote: »
    Maybe send an email to Argos instead of dealing with the store manager. In your email, no harm mentioning the Sale of Goods and Supply of Services Act 1980 (https://thecai.ie/your-rights/your-rights/know-your-rights/). It will indicate you know what you are talking about.

    I can see your point but at the end of the day, your legal rights don't extend to an unrealistic expectation of durability with a cheap pair of headphones. Argos have a very good reputation when it comes to returns but I think in this case, they're right to stand their ground.


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  • Registered Users Posts: 43,925 ✭✭✭✭Basq


    RickBlaine wrote: »
    .. no harm mentioning the Sale of Goods and Supply of Services Act 1980 (https://thecai.ie/your-rights/your-rights/know-your-rights/). It will indicate you know what you are talking about.
    Every Tom, Dick and Harry knows that tbf!


  • Registered Users Posts: 461 ✭✭RickBlaine


    coylemj wrote: »
    I can see your point but at the end of the day, your legal rights don't extend to an unrealistic expectation of durability with a cheap pair of headphones. Argos have a very good reputation when it comes to returns but I think in this case, they're right to stand their ground.

    Headphones lasting more than 3 days is not unrealistic regardless of the cheap price. Argos advertises it as "Robust build quality."

    But if I was the OP, I wouldn't spend too much longer on the issue. Try the email, and maybe also via Twitter. If nothing comes of it, just move on.


  • Registered Users Posts: 461 ✭✭RickBlaine


    RossieMan wrote: »
    It's generally user error which break these type of things in fairness.
    They won't last long if not used properly. I've had a pair of these and they're still fine. I suspect the OP either misused or got a dodgy pair.

    If the latter, he should get a replacement.


  • Site Banned Posts: 328 ✭✭ogsjw


    coylemj wrote: »
    I can see your point but at the end of the day, your legal rights don't extend to an unrealistic expectation of durability with a cheap pair of headphones.

    Three days is a very realistic expectation of durability of headphones. Strewth.

    Thanks for the advice lads. The instore listing even mentions some kind of steel construction which is absolutely not a feature here, so I will complain and go with the false advertising angle I think.
    RossieMan wrote: »
    You bought cheap, you got cheap.

    This has zero basis in law or rational justification, I believe. Look how cheap stores like Flying Tiger are. Their products are not expected to instantly fall apart, in fact they are a well-liked and reputable chain. Objectively faulty products are just that, and 'cheap' is a different proposition entirely. Tesco, LiDL, Aldi, Dealz, all these places would be out of business if their products broke in three days.

    To the other poster claiming to have this pair, have you got the cups extended at all, or are they flush, in the default position. I think extending mine is what cause the weakness, because that is very thin plastic.

    Thanks for the quick responses and advice all.


  • Registered Users Posts: 18,993 ✭✭✭✭Del2005


    ogsjw wrote: »
    Three days is a very realistic expectation of durability of headphones. Strewth.

    Thanks for the advice lads. The instore listing even mentions some kind of steel construction which is absolutely not a feature here, so I will complain and go with the false advertising angle I think.

    If there is no metal and you can find the listing again then the product isn't as described and a refund should be offered. The fact that it fell apart confirms that it's not as described.


  • Site Banned Posts: 328 ✭✭ogsjw


    Del2005 wrote: »
    If there is no metal and you can find the listing again then the product isn't as described and a refund should be offered. The fact that it fell apart confirms that it's not as described.

    My thoughts. Thanks man, will try.


  • Registered Users Posts: 10,684 ✭✭✭✭Samuel T. Cogley


    While I agree with L1011 you're going to struggle to enforce this due to cost of the Small Claims Procedure it's worth noting that the onus is on Argos to prove you damaged them within the first six months of purchase, otherwise the lack of conformity is deemed to exist in the goods. More information here:

    http://www.irishstatutebook.ie/eli/2003/si/11/made/en/print

    Try their head office/general inquiries: 01 5621083

    Its also worth noting that cheap or not they carry the same two year minimum warranty period that all goods carry under the EU directive.


  • Closed Accounts Posts: 29,930 ✭✭✭✭TerrorFirmer


    In fairness no-one is saying that 3 days lifespan is acceptable....more that it's a really cheap product and durability is going to be poor, so even mild unintentional stress can break it.

    My housemate has a pair of these, horrible quality and uncomfortable, cheap feeling....but he's had them ages and no issues.

    Maybe you were too rough....maybe this particular set just had a flaw. Difficult to win this one with Argos, the only way forward is to kill them with kindness I'd say


  • Site Banned Posts: 328 ✭✭ogsjw


    While I agree with L1011 you're going to struggle to enforce this due to cost of the Small Claims Procedure it's worth noting that the onus is on Argos to prove you damaged them within the first six months of purchase, otherwise the lack of conformity is deemed to exist in the goods. More information here:

    http://www.irishstatutebook.ie/eli/2003/si/11/made/en/print

    Try their head office/general inquiries: 01 5621083

    Its also worth noting that cheap or not they carry the same two year minimum warranty period that all goods carry under the EU directive.


    Good to know, maybe I'll try them again... thanks.


  • Registered Users Posts: 4,739 ✭✭✭nava


    If you check the Argos.co.uk you can see user ratings, if you check at lowest rating you can see most are because same reason, breaking after a few days.


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  • Site Banned Posts: 328 ✭✭ogsjw


    nava wrote: »
    If you check the Argos.co.uk you can see user ratings, if you check at lowest rating you can see most are because same reason, breaking after a few days.


    Glad I posted here. Thanks lads. Definitely going back into them tomorrow.


  • Site Banned Posts: 328 ✭✭ogsjw


    Went back, thought I'd have a fight on my hands, explained to the lad there what yer one did when I went back in and I just saw his brow furrowing haha... he swapped them out for a different product on the spot, and has no idea why she conducted herself in that manner. Alls well, will still be submitting a complaint about yer one to head office, she should not be a manager if she doesn't know European consumer law, and also because she refused to take my recommendation to pull the product; the lad today said he'll definitely be mentioning it based on the similar negative reviews.

    Thanks for the help all.


  • Moderators, Business & Finance Moderators, Sports Moderators Posts: 14,928 Mod ✭✭✭✭whiterebel


    ogsjw wrote: »
    Went back, thought I'd have a fight on my hands, explained to the lad there what yer one did when I went back in and I just saw his brow furrowing haha... he swapped them out for a different product on the spot, and has no idea why she conducted herself in that manner. Alls well, will still be submitting a complaint about yer one to head office, she should not be a manager if she doesn't know European consumer law, and also because she refused to take my recommendation to pull the product; the lad today said he'll definitely be mentioning it based on the similar negative reviews.

    Thanks for the help all.

    A lot of people don’t understand the consumer law, she wouldn’t be the only one.


  • Registered Users Posts: 2,541 ✭✭✭A2LUE42


    Had same headphones for one of the kids. I returned and got a refund. The 'screw in bolt' holding the earpieces in place is a crappy piece of plastic.


  • Registered Users Posts: 18,993 ✭✭✭✭Del2005


    whiterebel wrote: »
    A lot of people don’t understand the consumer law, she wouldn’t be the only one.

    A lot of people don't manage retail stores.


  • Moderators, Business & Finance Moderators, Sports Moderators Posts: 14,928 Mod ✭✭✭✭whiterebel


    Del2005 wrote: »
    A lot of people don't manage retail stores.

    I would say there is pressure on the management to play dumb in those places. I’ve certainly experienced it first hand in Currys and HN.


  • Site Banned Posts: 328 ✭✭ogsjw


    whiterebel wrote: »
    I would say there is pressure on the management to play dumb in those places. I’ve certainly experienced it first hand in Currys and HN.


    I don't think they're 'playing' dumb in Currys :P



    Love the blank stares I get in places like that when I ask anything remotely technical. Anything remotely similar to HDR implementation on a telly or if a USB C port on a laptop is Thunderbolt compatible and their heads are likely to explode :D


  • Registered Users Posts: 410 ✭✭topnotch


    Well done OP.


  • Site Banned Posts: 328 ✭✭ogsjw


    Probably wouldn't even have bothered if it weren't for the people with suggestions. Thanks again to them.


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  • Registered Users Posts: 113 ✭✭bingbong500


    coylemj wrote: »
    I can see your point but at the end of the day, your legal rights don't extend to an unrealistic expectation of durability with a cheap pair of headphones. Argos have a very good reputation when it comes to returns but I think in this case, they're right to stand their ground.

    Your legal rights certainly do extend to expecting any pair of headphones to last more than 3 days. Unless Argos marked them as disposable, they are legally in the wrong and should refund or replace.


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