Consumer rights - buying things as described

Sarl26

Hiya,

I bought a printer from Argos, after doing a bit of research on t'internet as to which one i wanted. I chose a HP printer/scanner/copier from argos, one of the main reasons being that the description on the Argos web site that it cam with 4 ink cartridges - a 300 and 300xl black, as well as 300 and 300xl colour cartridge. I bought the printer the next day at our local Argos, got it home - only two cartridges. I checked the internet again and the description still mentioned 4 cartridges.
I contacted Argos and we have had a bit of an e-mail convo going on - they have now ammended the description as it was an error. However as i bought the printer when the description said 4, people keep telling me i should be given the extra cartridges, due to the as described section of the consumer rights. Argos are saying that i can't get them as it was an error.
Can anyone help with this??

4743hudsonj

Sarl26 wrote: »

Hiya,

I bought a printer from Argos, after doing a bit of research on t'internet as to which one i wanted. I chose a HP printer/scanner/copier from argos, one of the main reasons being that the description on the Argos web site that it cam with 4 ink cartridges - a 300 and 300xl black, as well as 300 and 300xl colour cartridge. I bought the printer the next day at our local Argos, got it home - only two cartridges. I checked the internet again and the description still mentioned 4 cartridges.
I contacted Argos and we have had a bit of an e-mail convo going on - they have now ammended the description as it was an error. However as i bought the printer when the description said 4, people keep telling me i should be given the extra cartridges, due to the as described section of the consumer rights. Argos are saying that i can't get them as it was an error.
Can anyone help with this??

you have two options

full refund

keep it


thats it.......

you cant force them to give you extra cartridges

you can make them give you a refund however for goods not being sold as described

yummymummy79

Don't see why she couldn't make them honour the contract which would involve having either 2 extra cartridges or the monetary equivalent of them? Mistake or not, the order went through, contract was formed so tough boobies on them for making a mistake.

If your argument is that one of the main reasons you chose this item over others was that it came with these extras, then you might be OK for a full refund, but conversely I would argue that a refund is disproportionate when it could be easily and more cheaply rectified with the fulfilment of the actual contract.

dmg24

yummymummy79 wrote: »

Don't see why she couldn't make them honour the contract which would involve having either 2 extra cartridges or the monetary equivalent of them? Mistake or not, the order went through, contract was formed so tough boobies on them for making a mistake.

If your argument is that one of the main reasons you chose this item over others was that it came with these extras, then you might be OK for a full refund, but conversely I would argue that a refund is disproportionate when it could be easily and more cheaply rectified with the fulfilment of the actual contract.

Have you seen the cost of printer cartridges? 2 XL HP cartridges would cost far more than my printer!

yummymummy79

Ok then maybe not the cheaply bit! But you get the principle of what I was saying! It is an option

4743hudsonj

yummymummy79 wrote: »

Ok then maybe not the cheaply bit! But you get the principle of what I was saying! It is an option

selling items as they are described comes under the sale of goods act

this offers repair replacement or refund as remedies as you may or may not know

in this case refund is the only applicable resolution

DVardysShadow

4743hudsonj wrote: »

selling items as they are described comes under the sale of goods act

this offers repair replacement or refund as remedies as you may or may not know

in this case refund is the only applicable resolution

repair by replacement of missing parts is also applicable.

juby_2002

hi sarl,

my mum had the same happen to her with argos, although nothing as expensive as a printer.

she saw the `moxie girlz` car (DD xmas pressie) for 19.99 online at argos described as coming with a pack of pens used to colour it in. so she reserved it and went to pick it up, recieving the car she noticed there was only one pen and stated to the manager it said `pack of pens` on the website. manager insisted there was nothing he could do and my mum left the store.

she then wrote a letter to head office to let them know of their mistake and informed them its mis-leading.

5 days later she recieved a nice letter thanking her for letting them know and a gift voucher covering the full price of the item mis-sold and she could keep the origional item.

why not follow this route and write to HO, might be worth a try?

4743hudsonj

DVardysShadow wrote: »

repair by replacement of missing parts is also applicable.

but how likely is that if the cartridges are worth as much as others state

simple math indicates that argos would lose out, so they are therefore not likely to offer this, instead they will offer a refund which isnt a profit but more importantly isnt a loss.