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faulty goods

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cherryelm | 13:27 Sat 03rd Jan 2009 | Law
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I bought a tv in june 2008 it stopped working in between xmas and new year. argos want to repair it I think I am entitled to a refund .Who is right?
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"If more than six months have gone by, things change. You might still get a repair or replacement, but now you'll have to prove that the item was faulty when you bought it if the retailer disputes your claim."

http://www.consumerrightsexpert.co.uk/FaultyGo ods.html
Refund - No! Exchange - Yes!......Check the TV warranty.
Your right to a refund, in respective of faulty goods, only lasts up until the point where you've legally 'accepted' them. This period isn't defined in law. Under certain circumstances this period might be several months. (e.g. someone who buys a car in November might not discover that the air-conditioning is faulty until the following spring). In most cases, however, the period only lasts a day or so. (i.e. the 'pre-acceptance period' just gives the purchaser sufficient time to take the goods home and check that everything is working. If it is, the purchaser is then deemed to have 'accepted' the goods).

Once an item has been 'accepted', the retailer is then only obliged to repair or replace it (but not to provide a refund) if a problem occurs (due to an inherent fault) within 6 years. An 'inherent fault' is defined as something which was wrong with the item at the time of purchase (e.g. the use of poor quality components or poor standards of workmanship). For the first 6 months there is an automatic assumption (unless there's clear evidence to the contrary) that any problem which occurs must be due to an inherent fault. Thereafter it's up to the purchaser to show (based upon the balance of probabilities) that an inherent fault is the most likely cause of the problem.

So you're certainly not entitled to a refund. Argos have accepted that the problem is due to an inherent fault, so they're obliged to repair or replace the TV. You have the right to state which of these two actions you'd prefer but Argos also have the right to reject that choice (and substitute the alternative) on the grounds of economic viability.

Chris
Stamp your feet and shout loudly.
Argos are crap at accepting their responsibilities
However, after 6 months all you can get is a refund
We bought a fridge/freezer and 4 months later it broke down. Argos say you are only entitled to a refund, I say no, I want a new FF under the SOG act as defined by Ethel above
In the end we went via the manufacturer and got a replacement - and they gave us the next, bigger model up for our inconvenience
Try the manufacturer - you may get a better deal

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