Argos refusing free repair as product 5 days outside warranty

alchemist79

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Jul 7, 2009
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Hello,

I bought a Magimix ice cream maker from Argos on the 2nd of July 2008 for £34.99. It has been used less than 10 times over the past year, always according to instructions. When trying to use it a couple of days ago, I discovered that it was no longer working: it would churn the contents but not freeze them, despite pre-freezing the bowl for the required 12 hours. This renders the machine useless. (I wonder if it is possible that the cooling liquid inside had leaked and now there is not enough left to keep the bowl cool?) In any case, there are no external signs of the fault so I cannot tell why it has packed up.

I took it back to Argos where I was not overly surprised to hear that "as it is just out of warranty, there is nothing we can do" etc. I argued that a kitchen appliance costing £34.99 could be reasonably expected to last longer than 10 uses, however infrequently it is used. Had we tried to use it the weekend before, it would have been within the warranty - and I suspect that had we used it more often, the fault would have become obvious within the first few months after buying it.

The staff in Argos persuaded me to leave it with them to send off to the manufacturer, but warned me that I would be charged for the repair, although they reassured me that I would be able to decide whether to accept or reject the manufacturer's quote. On second thoughts, I realised that this was just a classic case of the retailer washing their hands off any responsibility, so I asked for the product back so I could pursue the matter with Argos headquarters instead.

Could you give me some advice as to how to proceed? I would not be surprised if Argos HQ tried to extricate themselves from any responsibility, and I wonder how to approach them in order not to get fobbed off again. Also, if it comes to having to prove that the product was used correctly, how can this be done? The machine is clearly in good condition and no external fault can be seen, but will this be accepted as proof?

Of course, I could just sigh and accept this situation, but I feel it is unfair for me to have to either write off or fork out more money on a product that packed up after less than 10 uses, when it must surely be designed to last longer (otherwise it would have to be producing the world's most expensive ice cream!)

Any advice would be much appreciated! Thanks a lot.
 

Tony

What Consumer Founder
Apr 7, 2008
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Hello and welcome,

It is a tricky one. It might be reasonable to expect an item of this nature to last longer than a year, but Argos are within their rights to ask you to produce an independent report demonstrating this. If the report backs up your claim Argos will refund you for this, if not you will be out of pocket. If it were a £350 ice-cream maker then the decision would be easy, but at £35 I know what I would do. Probably not what you want to hear.

Tony
 

alchemist79

New Member
Jul 7, 2009
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Hi Tony,

Thanks for the advice. It does say on the manufacturer's website that "The MAGIMIX is built to last many years", but this is a general claim about their products rather than being about this one specific product...In any case, thanks for the advice!
 

Tony

What Consumer Founder
Apr 7, 2008
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I am not saying don't send the letter, Just be prepared for the response. If Argos had made that statement it would be a different matter as your contract is with them. Let us know what happens.
 

gbarnes59

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Jul 8, 2009
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Is this not covered by the EU consumer law 1999/44/EC?

'A two-year guarantee applies for the sale of all consumer goods everywhere in the EU. In some countries, this may be more, and some manufacturers also choose to offer a longer warranty period.'
Tony, can you shed any light on this?
 

Chutzpah

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Jan 9, 2009
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I think the thing with the EU directive Tony is that it's nice to simply say "EU law gives an automatic two year guarantee", as opposed to arguing with the retailer about how long something was meant to last.

It's why I passionately believe there should be a government body that will adjudicate such cases and say for sure how long your £500 LCD TV should last for when the retailer hides behind a "12 month guarantee".

As I've said before, I know there's trading standards already, but they seem quite disparate across the country.
 

Tony

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Chutzpah

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Absolutely, I don't agree that it's an easy answer, but my idea was a body that if a consumer direct a complaint about, say a £2000 Sony TV they would be able to adjudicate and make a guideline decision. This decision would obviously be different for a £200 Technika TV (but who knows! The cheaper one could in reality be the better quality and last longer :rolleyes: )

I haven't got high hopes for the new consumer body that was announced the other day. What I've read about it doesn't make me feel that it will be any different to the numerous government bodies that already exist.

I still fear that many people are too afraid to 'take on' big companies and thus lose their rights. But maybe I am a bit too unrealistic with this idea.
 

Tony

What Consumer Founder
Apr 7, 2008
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If you phone Consumer Direct or Trading Standards they do make that call taking into account all the different factors. One potential criticism is that they also have to protect business. Unlike us they are exposed to unscrupulous consumers too, so perhaps get a more rounded picture.

There are lots of scams that shops have to deal with e.g. buy two items on purpose return to say you have been charged twice; buy a faulty item on ebay, buy an identical new one, take faulty one back, sell replaced one or keep it; damaging goods to get a new one or refund...
 

Chutzpah

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If they expanded Consumer Direct that would probably be ideal. And I mean really push it - at the moment most people that I talk to haven't heard of them.

As for scams, I've worked with the public so seen a lot of them! The only thing worse is employee scams.
 

Tony

What Consumer Founder
Apr 7, 2008
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Well we give them a big plug on here... every bit helps. Apologies OP we have hi-jacked your post.
 

Georginazn

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Apr 22, 2009
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Another aspect of consumer protection I would like to see is reasonable aftercare. Okay if something goes wrong out of warranty, I accept I may have to pay for repairs - but I don't expect to pay almost as much as it cost to purchase! Perhaps there could be a diminishing warranty - all repairs, or a refund for faults within two or three years, low cost repairs for the next two or three years.