What are my statutory rights?

trixieblade · 13-05-2010, 21:19

I bought a 9c gold chain and pendant from Argos which has had a photo copied on to the pendant so is excempt from the 30 day money back gaurentee....But you can not see the photo on the pendant at all it is very very faint...i paid £60 for this as a 40th birthday pressi for my friend and i cannot give it to her..And it came in a plastic bag not even a gift box
Can some one please tell me my rights as ive emailed head office and they've just said more or less there is nothing i can do cause its excempt but to take it into argos to see what they say But she more or less said they wont do any thing.
So is there nothing i can do or is there please help before i go to argos...

cgksheff · 13-05-2010, 21:35

You are going to have to look carefully at what promises/caveats were made about quality on the in-store leaflet that you used to buy this item.

You should also look carefully at the quality/resolution/contrast of the photo that you supplied.
If the pendant, looks nothing like the photo, you should have strong rights under The Sale of Goods Act.

If the photo was not of the greatest quality, you may be up the creek.

To be fair, the example on their website looks rubbish too.

When you go in to Argos, you should take the photo that was used as well.

http://www.argos.co.uk/webapp/wcs/st...hTerms=2344393

xfox3x · 13-05-2010, 21:36

Does the photo quality on the pendant match the quality of the advertised article? If you can't even see the pic I would assume they've sold you something that's 'not fit for purpose' .....I am not really up on these matters, but I'd really make a fuss if I'd paid £60 for something (anything!) that was no use.

mrth · 13-05-2010, 21:41

http://whatconsumer.co.uk/what-are-my-statutory-rights/

trixieblade · 13-05-2010, 21:41

when i went to purchase the chain i had with me 4 photos of which the assistant at the time said all 4 was ok i could choose any to use...when you fiddle about with it and get it a the right angle yes you can see the picture is like the photo but if you look at the one in the argos it is so so clear and mines well nothing really i thought i had a plain pendant at first...

roughy101 · 13-05-2010, 21:43

Quote:

Originally Posted by trixieblade

I bought a 9c gold chain and pendant from Argos which has had a photo copied on to the pendant so is excempt from the 30 day money back gaurentee....But you can not see the photo on the pendant at all it is very very faint...i paid £60 for this as a 40th birthday pressi for my friend and i cannot give it to her..And it came in a plastic bag not even a gift box
Can some one please tell me my rights as ive emailed head office and they've just said more or less there is nothing i can do cause its excempt but to take it into argos to see what they say But she more or less said they wont do any thing.
So is there nothing i can do or is there please help before i go to argos...

three words "not as described" trade descriptions, im sure as soon as you say these words they will give you your money back,

garrence · 13-05-2010, 21:47

Exactly what cgksheff wrote.

Be very clear when returning the item that you are returning it under your "statutory rights" specifically the 1979 Sale of Goods and Services Act because the item is "not of merchantable quality" (i.e. not fit for sale) as the Act says it must be.

"Statutory rights" are rights given to you by statute, i.e. law. Argos offers a refund policy in addition to your rights but they cannot take your rights away, which is why wording usually includes the phrase "your statutory rights are unaffected".

Shop assistants often do not understand that and may get confused and try to tell you it is not covered by their guarantee. Stand your ground and patiently explain it you are returning it under the Sale of Goods Act and not under their guarantee.

Escalate to a manager if necessary. If you get no joy then call Consumer Direct.

http://www.consumerdirect.gov.uk/

garrence · 13-05-2010, 21:49

Quote:

Originally Posted by roughy101

three words "not as described" trade descriptions, im sure as soon as you say these words they will give you your money back,

Yes, that too. The Sales of Goods Act says goods must be as described, so it may fail on 2 counts.

roughy101 · 13-05-2010, 21:54

Quote:

Originally Posted by garrence

Yes, that too. The Sales of Goods Act says goods must be as described, so it may fail on 2 counts.

ha ha should have bought it from bleedin ebay that one always counts

uk chris · 13-05-2010, 22:31

regardless or not if something is excempt from the 30 day money back guarantee you still have rights to take something back if the item is not what you agreed to buy. Just a quick question did you have to pay for the item before it got sent away for the pendant to be made??

fatwhale · 13-05-2010, 22:36

If it was a really ugly photo,they might of being trying to help you.

trixieblade · 13-05-2010, 22:43

uk chris yes i paid before it went and fatwhale stupid comment!

Ghostrider · 13-05-2010, 22:43

Quote:

Originally Posted by uk chris

regardless or not if something is excempt from the 30 day money back guarantee you still have rights to take something back if the item is not what you agreed to buy. Just a quick question did you have to pay for the item before it got sent away for the pendant to be made??

I beleive the pendant would have been in the shop, paid for, then sent away to be done..

sTaGeWaLkEr · 14-05-2010, 08:29

Quote:

Originally Posted by garrence

Be very clear when returning the item that you are returning it under your "statutory rights" specifically the 1979 Sale of Goods and Services Act because the item is "not of merchantable quality" (i.e. not fit for sale) as the Act says it must be.

"Statutory rights" are rights given to you by statute, i.e. law. Argos offers a refund policy in addition to your rights but they cannot take your rights away, which is why wording usually includes the phrase "your statutory rights are unaffected".

Shop assistants often do not understand that and may get confused and try to tell you it is not covered by their guarantee. Stand your ground and patiently explain it you are returning it under the Sale of Goods Act and not under their guarantee.

Escalate to a manager if necessary. If you get no joy then call Consumer Direct.

http://www.consumerdirect.gov.uk/

^^^Good advice.

IKEA are a pain in the butt for this. Every time I've had to return something to them do they try and convince me that their company policy supersedes the law of the land.

Stick to your guns and you will get a result.