Argos - refusing refund for wrong colour mobile handset

ceri123

I recently bought a pay & go mobile phone from Argos for my partner for xmas. In the catalogue & on the website it showed a silver handset in the picture. In the description it didn't mention the colour, but neither did it state anywhere that the colour may vary. The silver picture was the only picture shown anywhere, and next to it in the catalogue it says "Exclusive Colour". My partner specifically wanted a silver one, and I chose to buy it from Argos (over another retailer also selling the silver one).

When I got it home, I chose to check my partner's existing sim card worked so opened the box and found it was a black handset. I took it back to Argos and they refused to even look in the warehouse to see if there were any silver ones. They told me I couldn't change it or get a refund because the box had been opened. I tried arguing that I had been given the wrong item but they said there's nothing I could do.

I emailed head office and after a load of emails back and forth in which they failed to answer any of my queries, simply fobbing me off with irrelevant stuff, they eventually said:

I am sorry that the phone you have received is not the same as the illustration in our catalogue and on the website.

I have checked and we do not actually advise the colour of the mobile phone in our information, the photograph was given by O2 sony ericsson before the catalogue was launched, when a specification changes we will advise this by way of a bulletin, but in the box Sony have changed the colour of the phone therefore it is beyond our control.

I am sorry, as you have opened the box and have checked it, it is now not in a condition for resale I am unable to override the stores decision not to refund the item.

How can I have discovered it was the wrong colour without opening the box?!!

Is this right? Surely the picture forms part of the description? Can they pass the buck onto their supplier? Surely if they (Argos) are selling it, it's their responsibility.

olly300

Firstly what is the catalogue number of the item? I have a current Argos catalogue and can access their website.

Once you have given that I can tell you whether they are right or not.

GentleGiant_2

Should be the same colour as advertised.

Unless they say 'colour may vary'.

olly300

Quick look at the phones - none of them state the colour in the advert where there is only one phone showing, or state the words "colour may vary".

I suggest you:
1. Contact Trading Standards and put in a complaint stating that Argos has misrepresented goods. Give Trading standards the full details of the item including catalogue code and the that you have a catalogue which they can come and collect as well. State the store you brought it from and that Argos have refused both in store and via their Head Office to rectify the issue by giving you a refund or replacement.
http://www.tradingstandards.gov.uk/ (put in your postcode and send them an email.)

If you haven't got a catalogue then go and get one asap before they change it.

2. Contact Argos again with a letter and send your letter to them by recorded delivery. In the letter inform them:

a. Due to their refusal to deal with the issue of misrepresentation of goods in their catalogue you have reported them to Trading Standards.

b. You wish them to give you permission to refund the goods at the store (name the store you brought it from) within 28 days.

c. If they refuse to do this then you have no option but to take legal action against them under the Sale of Goods Act and they will be liable for all costs plus interest.

After 28 days sent them another letter with the title "Notice of Intended Court Action" and refer them to your previous letter stating they have 7 days to offer a refund or you will start small claims proceedings against them for the sum of xx plus costs and interest on the amount owed. Again send the letter by recorded delivery.

If they ignore you then the only option is to start a small claims action against them.

ceri123

Thanks - will give that a go.

Incidentally, the item no. is 518/3726

Hintza

As I keep saying to the boss

Assume = !!! out of you and me.

We all do it.

ceri123

Sorry - you've lost me on that one.

shoperholicnot

I hate Argos..they are always doing things like this

Welshwoofs

Item here.

I can't see how they can possibly refuse you a refund on that. Looking at that item you would expect to receive a silver phone. It certainly doesn't state anywhere what the colour is, or that colour may vary from what's shown. I'd say that was clear misrepresentation and they can't refuse a refund as they've failed to supply the goods you ordered.

Hintza

ceri123 wrote: »

Sorry - you've lost me on that one.

Never assume it makes you look an A.S.S.

(not as punchy when you have to spell it out...lol)

Missed the rude language blocker...sy

alleycat`

well in one respect argos are correct.
It is a unique colour (black).

From the sonyericsson site:-

W705.
Available colours

- Luxury Silver - Passionate Red - Floral Pink - Midnight Silver.

Oddly if you look at tescos for their "silver" model.
It is actually silver & Black.

http://direct.tesco.com/q/R.206-9144.aspx

Is that how the argos one looks in the box (rather than the picture)?

I'd say even the tesco one pushes the boundary of what i'd consider to be silver.