Activities pack - can I return?

VeryTrying_2

VeryTrying wrote: »

I'm posting this query for a colleague, and hope you can help her:

My mil brought my ds a mega activities pack from Argos for xmas which cost £78.00, when it was purchased she asked the person who served her in Argos if 2 people would be able to go karting with the pack and was told yes, ds got the pack from her for christmas and opened it, I had a read of the activities and realized that 2 people can not go karting with this pack so it is totally useless for what it was purchased for, now mil has not been able to find the receipt and Argos have refused to refund it because it has been opened. I thought that under the sale of goods act if something you buy does not represent good value for money after you have examined the goods you are entitled to a refund with or without a receipt as long as you have a form of proof of purchase which we do as the outer envelope still has their catalog numbers stuck to it. I can ring up the karting place and book directly for £38.00 so why should I pay another £78.00 for my ds to take a friend karting with him, I am now thinking of starting a claim through the small claims court, does anybody have any advise?

edited to remove links - oops

withabix

VeryTrying wrote: »

I thought that under the sale of goods act if something you buy does not represent good value for money after you have examined the goods you are entitled to a refund ?

Interesting concept, but unfortunately incorrect.

I can't see what right you have to any refund here.

It would be very difficult for you to prove that shop assistants at Argos varied the contract to supply the goods or services in this case. Shop staff just press buttons on tills and move boxes. They are not experts on all of the items in the catalogue!

Do you have the product code so we can have a look? EDIT: Found it:

http://www.argos.co.uk/static/Product/partNumber/2706814/Trail/searchtext%3EMEGA+ACTIVITIES.htm

Nothing there that states that the voucher is for TWO people except for certain activities where it specifically states this.

Also, why have you posted Affiliate links to Argos using paidtoshop.co.uk in your post? I assume you have cut and pasted this from an identical post you have made on PTS, but please remove the affiliate links!!!

VeryTrying_2

withabix wrote: »

It would be very difficult for you to prove that shop assistants at Argos varied the contract to supply the goods or services in this case. Shop staff just press buttons on tills and move boxes. They are not experts on all of the items in the catalogue!

Thanks for the quick reply. I guess that it would be the assistant's word against "mine". I know we are always advised to get things in writing, but this isn't how the real world works on the high street. However, I think it sounds a reasonable basis for believing that the assistant did indeed claim that, because the price paid to Argos is twice what would be paid at the door.

withabix

VeryTrying wrote: »

the price paid to Argos is twice what would be paid at the door.

That would be a fair assumption to make about the relationship between the 'door price' and the 'shop price' generally for most Activity Voucher type packs in my opinion.

Never good value for money.