What is the course of redress regarding the reduced memory issue due to IOS 8 in the UK?

I

iMore Question

I recently succumbed to the reduced (usable) memory issue on a 5th edition ipod bought as a present which could not actually store the music files required and subsequently had to replace the gift with a larger capacity model. However the retailer does not accept responsibility and will not refund as the packaging was opened which leaves me with an unwanted unfit for purpose item (although this blatantly contravenes UK sales of goods laws and the false description of products etc etc )
3 main issues
>item is not deemed as faulty
>Packaging opened - how else can you get into it?
>Approved retailer (Argos) says it is an "Apple" issue - Apple say it is the retailer responsibility

Either way I am stuck with a Ipod I don't want or need unless I sell it on cheap!
 

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