Statutory rights

[Joflump]

My sister recently purchased a well known MP3 player from Argos. She got it home but realised that her computer software was not compatible and she is unable to download the MP3's from her computer onto the player. I told her to go and exchange it for one that would but on the receipt it says that it is excluded from the normal refund/exchange policy unless it is faulty. I think this is wrong but can't be 100% sure of her rights in this situation. Any advice gratefully received. Thanks.

[##Wardy##]

Forget the law.

All major high street branches will exchange (and most refund) regardless of the law, providing the goods have not been damaged by yourself. It is a mere goodwill gesture.

[Joflump]

That's kinda what I thought Wardy but Iv'e just checked out the Argos website and it says that for "your personal security" some items, eg. MP3 players cannot be exchanged or refunded. This sounds like a bit of a cop out to me. Can't think how exchanging an unused MP3 player could be risky to your "personal security"!

[Loosehead]

Techically it is fit for the purpose so she has no right to have it changed. However wardy is correct they probablly will change it, but for what? Better to go online and onto the site of the player provider and download the correct software. It's pretty standard stuff, does the player come with a disc? USB? does she have XP? if so plug it in the socket and it'll probably install itself.,

[##Wardy##]

I would not advocate breaking the law, but if Argos played silly beggers, one could damage the MP3 player and get a full refund.

They can then stick their stautory rights and stupid security policy up their ar5e.

[joko]

just tell them it doesn't work.

they are hardly going to set it all up in the shop, download stuff and then test it while you wait, are they?
they will just send it back to the manufacturers

[Ethel]

Under the Sale of Goods Act, goods must be fit for the purpose, or reasonable quality and as described.

This is not fit for the purpose you bought it - but was it either advertised as being compatible, or did the staff tell you it would be?

Just take it back and say it does not work - see how you get on.

But the reality is that it is not the shop's fault you bought the wrong one - unless you were told it is suitable for you.

[JRB]

I wish that people would understand their rights under Consumer Law .. You are entitled to a refund by law
ONLY if the goods sold were faulty in the the first place. Many shops will offer you a credit note (which lasts a finite time) or an exchange, in the name of good customer relations. The large chain stores will give you a refund because they can get rid of the goods at their many outlets but neither of these deals is bound by law. The main rule is Caveat Emptor (buyer beware) and that is the only one that will stand up in court so Argos is in the right and your sister should have checked her facts before buying. If she went into detail over her computer software and was told (wrongly) that this system was compatible then she stands a chance of gettting her money back otherwise it could be an expensive lesson.

[missjef]

Can i just add that my boyfriend works in Argos & MP3 players, Phones, Games & things like that are all excluded from the 16 day money back guarentee, and whoever served you should have told your sister that before she purchased it, plus it is on the reciept too.
So therefore you cant get money back, and i very much doubt they will exchange it either because it's not their in their policy to do so, it is only if its faulty im afraid.

[gina32]

even if they did take it back if you said it was broke, in the circumstances i.e excluded from money back ,they would probably give you the same one again anyway

[missjef]

My boyfriends just told me that if your sister did take it back and say its broken, they would most likely see if they could send it off to have it repaired, and if they dont find anything wrong with it, it wouldnt look very good!
Also like the person above pointed out if they were gonna replace it then it would likely be the same product anyway!
Why doesnt she try to get round the problem and try sort it out?
why isn't it compatible? im sure some people on here could help her sort it out so it worked.

[Joflump]

Thanks for all the advice guys. I think that my sister is going to upgrade Windows on her PC so that she can download her music files onto the MP3 player. She definitely should have checked the spec before buying. I think she will read the small print in future!

[bendigedig]

my mp3 player's power didnt last for more than 15 mins,argos gave me a refund - well, they wern't going to stand there, on a busy saturday morning waiting to see if i was right or not were they!

[JRB]

Your mp3 player was faulty - money refunded - end of story!