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Argos nintendo dsi in black £79.99!

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Comments

  • shymanuk
    shymanuk Posts: 403 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    well money taken from bank ....... printed off copy so lets see what happens now........ will wait and see what others are doing .ie small claims court or other . and go with the flow i think unless anyone else got any better ideas.........
    :dance::dance::dance::dance::dance::dance::dance:
  • loup67
    loup67 Posts: 189 Forumite
    I just spoke to cs and was told by the nice girl I spoke to first that it had been put out for delivery but was recalled (so had been despatched)
    I said we are in a contract as the money had also been taken from my account,she agreed with me but said Argos have told them all to just refund.But the refund takes 7-10 days! Are they allowed to do this?
    I then spoke to the floor manager who was just a brick wall and he said they have checked their position with their solicitors and they are within their rights to cancel until we sign for it!!
    Does anyone know if that is right?Seems like some desperate rule changing to me!
  • Addy
    Addy Posts: 1,896 Forumite
    If they've taken the money then the contract to supply has been formed and they're in breach of Consumer Law. Bang a claim in through the small claims court for "loss of bargain". Easy. Happened with the gamecubes back in 2004 and Woolies/Virgin/Tesco all caved in quicker than a snowman in a heatwave.
  • rosatoso_2
    rosatoso_2 Posts: 659 Forumite
    I'm putting together a letter to Argos head office first.

    2.3 Acceptance of your order and the completion of the contract between you and us will take place on despatch to you of the products ordered unless we have notified you that we do not accept your order or you have cancelled it (please refer to Returns and refunds).



    They have taken my money and despatched my order to me - I have all the documentation. They have not notified me that they do not accept my order. No-one has rang me or written. I have only found out through the courier when I rang to get an idea of estimated time of delivery.

    There was no reason to think there was a price error, it said £70 off in red, like lots of other sale items they currently have on there and their homepage still states JANUARY SALE!
  • biglugs
    biglugs Posts: 2,945 Forumite
    1,000 Posts Combo Breaker
    For all the people on here threatening Watchog, Trading Standards, Advertising Standards Authority, Small Claims Courts, The Law, My Dad etc. I would point out that years of MSEing has taught many of us not to lose any sleep over missed bargains.

    If you really want to pursue it you can write to Argos' MD and get the standard "Go Away" reply letter that will already have been written by their solicitors. If their T&Cs state that the contract is bound when you receive the item and not before then you are in a difficult position because you accepted those terms when you bought.

    If you argue that you didn't know the T&Cs before you bought they can argue that they are online, and in the catalogue, and since you couldn't know about this offer without using one of those sources you can't say you didn't have access to them.

    Which is why I say for many people it is best just to move on - otherwise you just end up getting yourself really worked up for nothing.

    If you REALLY are angry then why not get down to Argos and try to get people to boycott the shop. Or just don't shop there any more, and tell all your friends to do likewise.
    You don't get medals for sitting in the trenches.
  • rosatoso_2
    rosatoso_2 Posts: 659 Forumite
    loup67 wrote: »
    I just spoke to cs and was told by the nice girl I spoke to first that it had been put out for delivery but was recalled (so had been despatched)
    I said we are in a contract as the money had also been taken from my account,she agreed with me but said Argos have told them all to just refund.But the refund takes 7-10 days! Are they allowed to do this?
    I then spoke to the floor manager who was just a brick wall and he said they have checked their position with their solicitors and they are within their rights to cancel until we sign for it!!
    Does anyone know if that is right?Seems like some desperate rule changing to me!

    It had left the possession of Argos. Mine arrived into the local Home Delivery Network depot at 8pm on Wednesday evening - due for delivery on Thursday. Infact mine STILL says it has been dispatched to me for delivery 31st December on their website tracking page. Printed that off then!!
  • Addy
    Addy Posts: 1,896 Forumite
    I'm not going to get het up about this as I didn't order one however their terms and conditions can state what they like, they can't override Sale of Goods/Consumer Law which imply strongly that contract is formed at the point of purchase. Good luck with pursuing it to those who decide to.
  • Derek_Duval
    Derek_Duval Posts: 692 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    edited 1 January 2010 at 1:40PM
    biglugs wrote: »
    For all the people on here threatening Watchog, Trading Standards, Advertising Standards Authority, Small Claims Courts, The Law, My Dad etc. I would point out that years of MSEing has taught many of us not to lose any sleep over missed bargains.

    If you really want to pursue it you can write to Argos' MD and get the standard "Go Away" reply letter that will already have been written by their solicitors. If their T&Cs state that the contract is bound when you receive the item and not before then you are in a difficult position because you accepted those terms when you bought.

    If you argue that you didn't know the T&Cs before you bought they can argue that they are online, and in the catalogue, and since you couldn't know about this offer without using one of those sources you can't say you didn't have access to them.
    Which is why I say for many people it is best just to move on - otherwise you just end up getting yourself really worked up for nothing.

    If you REALLY are angry then why not get down to Argos and try to get people to boycott the shop. Or just don't shop there any more, and tell all your friends to do likewise.

    I see you joined in sep 2004, so you may remember the tesco gamecube case that appeared on watchdog just after then? This worked & everyone got there orders that had all been previously rejected due to a "no stock" lie. Personally I believe Argos have acted worse than had tesco done in this case, so think there is a chance that complaining to watchdog would have a positive result. As for complaining to anyone else, yes in my experiance I will agree, it's a waste of time. My online submission to argos took about as long as replying to this post, so must be worth a shot? Remember a prime time TV commercial can cost over £200K, which argos do, so why would they want to look bad on BBC. My guess is they would have had around 1000 DSi's in stock online & instore, and would lose about £40 on each sale, £40K, surely not worth the bad press?
    Next year we'll be millionaires!
  • namakemono
    namakemono Posts: 248 Forumite
    I didn't "threaten" my dad- seems like biglugs was taking the mick there. I merely said I wouldn't be in the country so he'd have to do anything for me that I needed to do.
  • rosatoso_2
    rosatoso_2 Posts: 659 Forumite
    biglugs wrote: »
    For all the people on here threatening Watchog, Trading Standards, Advertising Standards Authority, Small Claims Courts, The Law, My Dad etc. I would point out that years of MSEing has taught many of us not to lose any sleep over missed bargains.

    If you really want to pursue it you can write to Argos' MD and get the standard "Go Away" reply letter that will already have been written by their solicitors. If their T&Cs state that the contract is bound when you receive the item and not before then you are in a difficult position because you accepted those terms when you bought.

    If you argue that you didn't know the T&Cs before you bought they can argue that they are online, and in the catalogue, and since you couldn't know about this offer without using one of those sources you can't say you didn't have access to them.

    Which is why I say for many people it is best just to move on - otherwise you just end up getting yourself really worked up for nothing.

    If you REALLY are angry then why not get down to Argos and try to get people to boycott the shop. Or just don't shop there any more, and tell all your friends to do likewise.


    I like your signature - you don't get medals for sitting in trenches!
    Does that mean you don't get rewards for doing nothing?
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