Is Argos trading illegally?? - Certain product exclusion from 30 day guarantee

[woochop]

Do Argos have the right to exclude games (such as those for the DS) from the 30 day money back guarantee? I have looked on the internet and found no information. Does this not contravene the Sale of Goods Act? I understand that certain personal items (shavers) should be excluded, unless faulty, but what about unopened games that have a receipt? Does them stating they will not exchange make this egally binding? I just think you should avoid buying from these cowboys if this is how they operate. Any legal jargon and statutes that could be shed on the subject would be gratefully received!

[-gem-]

There is no money back guarantee in the sales of goods act. They have to give you a refund if it's faulty. The money back guarantee that is offered by some extends beyond statuatory provisions. They are right (not crooks) to exclude games, since these can easily be bought, played returned; or bought, copied, returned. My boyfriend bought from 'Game' and returned two games no questions asked, 2 weeks after purchased. They appeared opened however.

[woochop]

Brillaint, thanks for the info - but what if it's unopened and unfortunately bought as a duplicate present? I have the receipt and just wish to take back.

[philandlil]

Retailer's Goodwill - don't confuse this with your Rights.

Can I return something that's not faulty, for instance because I've changed my mind, or it doesn't look as good as I'd thought it would? Well, you probably can because most retailers make these kind of offers on a good will basis, because they believe it increases sales. However, in this instance you don't have any rights at all - not to an exchange, refund or credit note. Anything you are offered you should take and think yourself lucky.

[Ethel]

The law (Sale of Goods Act) gives the buyer rights if the goods are misdescribed, faulty or not of suitable quality.

That applies to goods bought over the counter, in the shop.

If you buy goods by mail - whether from a catalogue, online or by phone - you have additional rights under the Direct Selling Regs. These state you are entitled to a full refund FOR ANY REASON provided you return the goods in the state you received them- unopened. You must notify the seller as soon as possible you are going to return the item and do so within 7 days.

As already said, shops that offer 'no quibble' refunds are operating store policy and not the law. As such they can attach whatever terms and conditions they like.

Either give your item away as a present at Christmas or flog it on eBay