robh Posted October 24, 2003 Share Posted October 24, 2003 The sale of goods act requires that the goods are as described, fit for purpose etc but I don't think there is an automatic requirement for a refund, the shop has the right to offer to repair, replacement, partial refund or full refund. It may be that you asked the wrong question. So instead of "It wobbles, I want my money back under your guarantee" a better approach might be "It wobbles, what can you do to fix it or get me one that doesn't or give me a refund". Since the end of March this year it is the retailers responsibility to prove the goods ARE up to standard rather than yours to prove they are not. (6 months after purchase the burden of proof reverses). With self assembly things are actually a bit trickier than it seems. Suppose I buy a self assembly item and make a pigs ear of the assembly (quite likely in my case!) - then do I have a claim against the retailer? The retailer has the responsibility to prove that there was no problem with the materials and instructions supplied - that correctly assembled the item would have been fine. Supposing they do so then I guess they can counter claim against me for their expenses incurred in proving that the fault was mine. You should always seek a remedy from the retailer not the manufacturer as it is the retailer who you have a contractual relationship with. It is illegal for a retailer to mislead a consumer about their legal rights and can lead to criminal prosecution - i.e. if a shop tries to fob you off with - "it's not our responsibility, contact the manufacturer" they can face criminal proceedings! Local trading standards look after that kind of issue. If buying by credit card then the card supplier is also liable (I think strictly speaking only for sales over £100 but often helpful in genuine disputes for smaller sums) but you should try with the retailer first. The manufacturer will often help if the retailer is proving difficult - and of course you may find that the manufacturer's warranty is better that the retailer's statutory obligations. Here's a nice story... "Mars has somewhat surprisingly been cleared of any blame for the part of a mouse found in a Topic bar, when prosecuted under the Food Safety Act. It was decided in court that the mouse was most likely Turkish in origin, not British, and came into the UK inside a bag of hazelnuts. One wonders what the result would have been if the case had been brought under the Sale of Goods Act against the shopkeeper who sold the bar - which was clearly not suitable for its purpose, that of being eaten! One wonders also how the court knew it was a Turkish mouse rather than an English one; perhaps it wore curly pointed slippers?" Link to comment Share on other sites More sharing options...
Spacehopper Posted October 24, 2003 Author Share Posted October 24, 2003 Nah Den Ace....... Thanks for all your suggestions. I've just come off the blower to the manager. If I take it into the store and they decide it is ricketty, then they will offer me a replacement - How am I supposed to get an assembled desk and chair into town? There's nothing wrong with the individual components, rather, in my opinion, it's a design flaw. Any replacement would be the same! My neighbour's just been round and she thinks that while the desk does wobble, it's not enough to make them say "yeah, we'll give you your money back". So I'm just going to add a few support brackets at the joints. I may be able to sort something out with the chair also. I am disgusted with Argos though. I have always bought goods in confidence there, knowing that I could always take stuff back (for whatever reason) within 16 days. The only time I have wanted to, I can't because I had assembled the goods..........i.e they weren't unused and were not in their original packaging! How could I tell if they were any good without assembling them.......RIP OFF!!! I wish I'd gone to Staples or Office World, where they have display models to check out before getting the flat pack delivered to your home. Still, one important lesson to be taken from today's experience............never buy owt from Arg*s!!!!!! Regards, Spacehopper. Link to comment Share on other sites More sharing options...
max Posted October 24, 2003 Share Posted October 24, 2003 How about disassembling it and then take it back? Link to comment Share on other sites More sharing options...
Spacehopper Posted October 24, 2003 Author Share Posted October 24, 2003 Nah Den Ace....... Originally posted by max How about disassembling it and then take it back? I have used glue, nails, etc to assemble it, as per the instructions. So I wouldn't be able to disassemble and return it "as new"............... As i said before, I'll do a bit of DIY on it myself............b*gger 'em!!!! Regards, Spacehopper. Link to comment Share on other sites More sharing options...
Sidla Posted October 24, 2003 Share Posted October 24, 2003 Tell a member of the Argos staff to come around to you house and have a look at it. Link to comment Share on other sites More sharing options...
halevan Posted October 24, 2003 Share Posted October 24, 2003 Originally posted by fnkysknky Take it back and demand your money back - goods have to be in a satisfactory condition or you are entitled to return them. If they try telling you it's against the stores policy tell them they are breaking the law... I got a lovely computer desk and swivel chair from the Computer fair for less than £60 and they are perfect. Link to comment Share on other sites More sharing options...
alchresearch Posted October 24, 2003 Share Posted October 24, 2003 Tell them which organisation you belong to (Sheffield Forum) and how many members it has who won't shop there in protest. Actually Geoff, how about ringing up Argos to ask them to comment on the matter, since it is being debated in public they have a right to reply? Link to comment Share on other sites More sharing options...
kittykat Posted October 24, 2003 Share Posted October 24, 2003 While we are on the subject of where not to shop may i add to this AMAZON.CO.UK. THEY ARE CRAP!! I have an exam on monday (27th) which which i have to pass or i cannot continue my degree so i ordered some books off my reading list on 25th September - a month ago. 5 of the books came OK after about 2 weeks (even though it said 4-5 days but nevermind i wasnt too bothered - well long enough to skim them before the exam) Then i got sent another book a week or so later about how to cut people open. This book contained really close up pictures of people cut open in every part of the body possible with bones and fatty tissue with blood hanging out and everything. OBVIOUSLY i didnt order this book as my degree is about taking X-rays of people not cutting them open! Anyway it said on the invoice this was the book i ordered. I emailed them saying when would my PROPER book come and cheekily asked if i could keep the book as compensation for the mental distress suffered by my mother as a result of her opening the package before i got chance to and she is very squeamish (i have a morbid side and found the book quite interesting to be honest) ANYWAY a week later and no email. Emailed them again to tell them off for not emailing. and they told me to send the book back and they had re-ordered me the right one and sorry and lots of a*se kissing. Few days later i get an email - the book i actually ordered is delayed and will arrive APPROXIMATELY 8th December. The other book in all this (i ordered 7 altogether) will arrive in approximately 4th november. NICE ONE AMAZON - the 2 books i needed for the exam will arrive several weeks AFTER ive taken it! Thats 2 and a bit months after i originally ordered them all!!!!!!! Please dont suggest i get them from the library as they are booked out for weeks as everyone has this idea. How annoying. Do you think i could sue for loss of earnings if i fail the exam do to lack of books?? Im sure it would amount to a lot if you consider any possible future promotions etc, would definitely tie me over for life and they DID say the books would be delivered by late sept-early oct) Well at the very least theyre not getting their morbid book about cutting people open back thats MINE now....ALL MINE!! Dont shop at amazon they are rubbish and they send you mad like i am. :( :( Link to comment Share on other sites More sharing options...
Andy Posted October 24, 2003 Share Posted October 24, 2003 Has it occured to you that your book may have gone to someone else, who's doing an exam about cutting people open, who's now refusing to return it to Amazon.... Link to comment Share on other sites More sharing options...
kittykat Posted October 24, 2003 Share Posted October 24, 2003 no it didnt as the book the sent me about cutting people open had an ISBN sticker stuck on the back that was the ISBN of the book i ordered so this is obviously where they went wrong. They jsut saw the ISBN and not the title. Link to comment Share on other sites More sharing options...
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