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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47914
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I purchased a new mobile phone from Argos on the way to the

Resolved Question:

I purchased a new mobile phone from Argos on the way to the airport. I removed all the packaging, put my sim in to check it worked then placed it in my hand luggage.
While waiting for my flight I sat adding all the usual functions to the phone that I needed and during this time the screen then stopped responding to touch.
I rebooted the phone back to factory settings but it still did not function.
Argos are refusing to exchange because I do not have the packaging despite me showing them my boarding card an explaining the packaging was disposed of due to the flight.
How do I force them to exchange a faulty item?
Submitted: 11 months ago.
Category: Law
Expert:  Ben Jones replied 11 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 11 months ago.

How long ago did you buy it please?

Customer: replied 11 months ago.

I bought it last Saturday and flew out 3pm on Saturday. Sorry for the delayed response.

Expert:  Ben Jones replied 11 months ago.

No problem thanks for getting back to me. Whilst a retailer can make it a condition that an item is returned with its original packaging that would only apply for non-faulty goods, where they have their own returns policy. However, if the goods are faulty then your rights will be under statute, namely the Consumer Rights Act 2015 and the law does not stipulate that you must return them in their original packaging.

Consumer law states that the goods must be:

· of satisfactory quality – they must not be faulty or damaged when you receive them;

· as described – they must match any description given to you at the time of purchase; and

· fit for purpose – they should be fit for the purpose they are supplied for,

If the goods do not meet the criteria mentioned above, you will have the following rights:

1. Reject them and request a refund - this is only possible if the rejection occurs within 30 days of purchase.

2. Ask for a repair or replacement – if you are too late to reject the goods or do not wish to get a refund straight away, you can ask the seller for a repair or replacement. If a repair has been arranged but has failed, or if a repair or replacement are not possible, you are still entitled to ask for a refund, or a price reduction. Alternatively you could get a second repair or replacement at no extra cost to you. However, the retailer can refuse if they can show that your choice is disproportionately expensive compared to the alternative.

If there is still time to reject the goods and request a refund, you may do so. If you are outside of the initial 30 days and are too late to reject them, you can still try and resolve this by contacting the seller and asking them for a repair or replacement. You can quote the applicable rights you have under the Consumer Rights Act as mentioned above. If they appear reluctant to assist, write to them one more time, warn them that they have 7 days to comply and inform them that if they fail to meet their legal obligations, you will have no choice but to report them to Trading Standards and start legal proceedings to seek compensation for your losses.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 stars - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please get back to me on here and I will assist further as best as I can. Thank you

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