Argos - Given Wrong Item

scullyuk

Hi,

Just a query to where I stand if I ever become lucky(maybe) again.

I ordered a digital camera at argos and was waiting in line to pick it up, when I was called I could see it was a much better Item than the one I had ordered, I ignored this and then went to leave the store only to be called back. Once they had placed the camera in my hand did I have any rights to the camera? Or if I had left the store was I shop lifting?

dmg24

No, you did not have any rights to the camera. They made a mistake, and you tried to take advantage of this mistake. The only right you had was to the camera you had paid for.

ceridwen

Oooooh dear.....I hope I never lose anything near you.:cool:

The difference in value between the 2 items would have represented money you would have stolen - not to put too fine a point upon it. Lets just call a spade a spade here.

maninthestreet

ceridwen wrote: »

Oooooh dear.....I hope I never lose anything near you.:cool:

The difference in value between the 2 items would have represented money you would have stolen - not to put too fine a point upon it. Lets just call a spade a spade here.

It wouldn't be stealing. Payment had been made to Argos. If, due to a mistake by Argos, they accepted a lower payment for the item, that's their problem.

darich

robb01 wrote: »

Yes Dmg, you're right. You do not have the rights on the camera, not until you've paid for it.

But the OP had already paid for a camera and been given one.

As maninthestreet says, i think Argos made a mistake and accepted a lower payment than advertised for the camera. If money has been paid and an item accepted, what has been stolen?

I think the OP would have been within rights to argue that the camera was his and if Argos wanted it returned he should have demanded a refund of the catalogue price.

dmg24

darich wrote: »

But the OP had already paid for a camera and been given one.

As maninthestreet says, i think Argos made a mistake and accepted a lower payment than advertised for the camera. If money has been paid and an item accepted, what has been stolen?

I think the OP would have been within rights to argue that the camera was his and if Argos wanted it returned he should have demanded a refund of the catalogue price.

You're wrong. Look up the legal term mistake and you'll get a fuller explanation. The key here is that the OP knew he was getting an item that he had not paid for, whereas Argos (at the time of handing over the item) did not. 'i think' doesn't really carry any weight in the eyes of the Law, established legal principles do. :rolleyes:

SomeBozo

I wonder how the OP would have felt if he paid £100 for a camera, saw a bigger package, walked out and found a £10 football.

Do you think they would be back here asking about their "legal rights" then?

Bozo

chuckley

how could u tell it was a 'much better item?'

hippey

Very grey area,

In theory it is theft, as you have the intention to permantly deprive the owner of the item, knowing you don't have right to it.

In reality, it is stupidly hard to prove, as how do you 'know' the item has not been substituted / replace with one of an equal or higher value? If you were stopped going out of the store when the staff have realised the mistake, and then you ran off that would suggest that you knew the item was incorrect, would it 'go anywhere'? No, unfortunatly the law (civil or criminal) can be viewed in many different ways, in this case, no theft is committed, may be a fraud (again difficult to prove as not really falling within the definition)

However, and what I have seen in the past, the the theft is committed when a member of staff knowly picks the wrong stock item for a 'friend' who then walks out with a camara or a very high value compared to the one purchased, this has all be set up in advance. Then it is Theft Employee & HSG.

lindos90

When ever I get a 'substitute' item from Argos, its usually worth less than the stated model!

I guess in this case the warehouse sent the wrong one up, perhaps they have two very similar models, but one with a much higher pixel value?

Incisor

maninthestreet wrote: »

It wouldn't be stealing. Payment had been made to Argos. If, due to a mistake by Argos, they accepted a lower payment for the item, that's their problem.

Not relevant. You are talking about an undercharge for an item of the right description. OP is talking about an item of the wrong description being supplied.