Goods bought from Argos now no good, anything i can do?

[stefanieburton]

Hi on 29th October 2012 I bought two new divan beds with mattresses for my children they were reduced in the sale at the time if I remember rightly about £120 each (half price) I spent £310 but also got another reduced bed frame (which is fine) and delivery, These beds are now no good, the mattress you can feel the springs and a couple of the supporting bits of the divan appear by feel to be broke but without undoing the material I cant tell for sure. Before I try to replace these that are only 16 months old is there anything I can do? Should beds last longer than this? The children using the are 10 and 15 so no misuse in it.

Thank you
Stefanie

[Amethyst]

Re: Goods bought from Argos now no good, anything i can do?

Under the sale of goods act you should be entitled to either a partial refund, or a repair or replacement. You would reasonably expect beds to last longer than 16 months. That you bought them in the sale is irrelevant

Have you spoken to Argos about the issue as yet?

[maxxx123]

Re: Goods bought from Argos now no good, anything i can do?

by registering under the sale of goods act , you would definitely get good help
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[pt2537]

Re: Goods bought from Argos now no good, anything i can do?

Fit for purpose and of satisfactory quality are the key words here.

Plainly as Ame says the bed would have a life expectancy of more than 16 months.

[stefanieburton]

Re: Goods bought from Argos now no good, anything i can do?

Hi no I haven't spoke with them yet as I wanted to check first if I had a reason too or not. Good news for me hopefully I will give it a go :-). Thank you

[stefanieburton]

Re: Goods bought from Argos now no good, anything i can do?

I've finally spoke to them and I have been asked to put it in writing to the head office. Does anybody have a template?

thank you

[ThinkOutsideTheBox]

Re: Goods bought from Argos now no good, anything i can do?

Did you order the beds for delivery?

Not that it makes any difference to your rights...just so that I can word a letter appropriately for you.

[Amethyst]

Re: Goods bought from Argos now no good, anything i can do?

Here's a very basic template, I'm sure TOTB will be able to help you expand it somewhat but it's a good starting point

[Your address]
[Company/ supplier address]
Dear
[Reference: contract number]
On [date] I [bought/placed an order for] a [item], received it on [date]. I have discovered that the [item] has the following problem: [add details]
The Sale of Goods Act 1979 makes it an implied term of the contract that goods be as described, of satisfactory quality and fit for purpose. As you are in breach of contract I am entitled to have the [item] [repaired/replaced] and I would request that you confirm that you will do this within the next seven days.
I also require you to confirm whether you will arrange for the [item] to be collected or will reimburse me for the cost of returning it.
I look forward to receiving your satisfactory proposals for settlement of my claim within seven days of the date of this letter.
Yours faithfully,
[Your name here]

[ThinkOutsideTheBox]

Re: Goods bought from Argos now no good, anything i can do?

Agreed, definitely a good starting point. In fact, I'm a firm believer in keeping things simple...especially when dealing with large companies, as less chance of misinterpretation etc.

Quite often (speaking from experience) they will, very sensibly, decide that as you are taking the matter seriously and unlikely to be fobbed off it is best to make a fair settlement proposal. For such a large company, it's usually the cheaper option for them too.

Of course, if they decide to drag their heels and not honour your claim, the next stage is perhaps a more strongly worded letter which makes it clear that they have no alternative but to comply with your rights. This is where we start to introduce examples and opinion as to the reasonable lifespan and durability of the products, however probably not necessary in the first instance.

At this stage, I'd say that that Amethyst has provided above would do the trick. Fire it off, see what they come back with and if necessary we can take it from there with a follow-up etc.

Keep us posted.

[Silent assassin]

Re: Goods bought from Argos now no good, anything i can do?

hello Stephanie

When you buy anything from a merchant certain terms are implied into the contract. A merchant cannot exclude these terms by notice or other means e.g "If goods are faulty we cannot he held responsible" etc.

One of the implied terms if you buy anything from a shop is found under S14 of the Sale of Goods Act 1996. It states:

Where the seller sells goods in the course of a business, there is an implied term that the goods supplied under the contract are of satisfactory quality.

However, it takes into consideration many factors including, but not limited to, the goods in question and all other relevant factors.

Higher quality goods you would imagine to last longer, cheaper goods less so. Apply a reasonable standard to a bed and you get the answer.

How long should a bed last before defects? Well, this depends on the bed but objectively 16 months is hardly any length of time at all and so therefore, unless the beds have been misused, it is fair to state that s14 has been breached.

Remedies:
1. Sue for breach of contract (under S14 SGA)
2. Recover the full sum (you do not want it repairing you are entitled to a full refund)
3. Sue for any outstanding costs reasonably incurred.

Hope it helps you!

[stefanieburton]

Re: Goods bought from Argos now no good, anything i can do?

Thank you all, does it matter that I haven't got a reference number. I cant find the original receipt I bought online and tracked the date through my bank unless they would have more details of the transaction.

Thank you

[des8]

Re: Goods bought from Argos now no good, anything i can do?

Remedies provided for by The Sale of Goods Act 1979 aren't quite as simple as stated earlier in Post 10.
I would suggest you follow Amethyst's advice.

If repair or replacement is not possible you can (if you have proved your case) demand rescission of the contract.
However you may not obtain a full return of purchase price as a deduction can be made for the use you have had from the goods.

This is as per Part 5A Additional Rights of Buyer in Consumer Cases of the Act.

Probably you won't have to go this far, as a reasonable approach will get you a reasonable result.
As I said before, follow Amethyst's advice.

[Amethyst]

Re: Goods bought from Argos now no good, anything i can do?

Thank you all, does it matter that I haven't got a reference number. I cant find the original receipt I bought online and tracked the date through my bank unless they would have more details of the transaction.

Thank you

If you ordered and had the beds delivered then it shouldn't matter on the receipt. Your address and approx date of purchase should be enough - also check back thorugh emails if you have stored them as you may have confirmation of the order there, but as I say, name/address should be enough.

[ThinkOutsideTheBox]

Re: Goods bought from Argos now no good, anything i can do?

May also be worth trying to log in to your account on the Argos website, as full details of your order should still appear there.

Just checked mine, orders I placed well before you ordered your beds are still showing, so I'm sure yours should be too.