Refund rights on an item "not as described"?

ewliin

I am going to America next week, and was looking to get a suitcase that was on the limit of what is allowable cabin luggage to avoid having to pay to check a suitcase (internal US flight).

In the Argos catalogue, they have a suitcase (product code 286/3551) desribed as H56, W39, D23. I now have said suitcase, and it is a lot smaller, most notably the height is around 45cm and the width is ~5cm short. The website now describes the suitcase accurately, but that is irrelevant as the Catalogue that was used to choose this item is the most recent (spring/summer 2010), and has the incorrect values.

Sounds like an open & shut case of "not as described" and thus, I am liable for a full refund.

However, the hitch is that this was a gift from my Mother and she paid for it half on credit card and half on gift vouchers. Normally I would ask her to go get the refund, but she does not have the time to do this before I go away to the states.

I do have the receipt, and will arm my self with a tape measure, the catalogue and the suitcase in its box. I see my options as:

a. Go to Argos, argue my case and attempt to get a full refund in cash (is this possible/likely?)
b. Go to Argos, argue my case and attempt to get a replacement suitcase of the correct (or close enough) dimensions. (If the only suitcase suitable costs more, do I have pay the difference? I would assume not)
c. Go buy a suitable case without getting a refund, and get my mother to get a refund at a later date.

B is the ideal solution, and I believe the retailer has to consider "replace" before "refund"?

What are your views on my rights in this situation, and the best course of action?

If I ended up going for C, despite the fact that vouchers were used for this purchase, is my Mother entitled to the full refund in cash and/or on her credit card? (The item was £30 so the joint liability of retailer & credit issuer is not applicable).

drsquirrel

B. yes you would have to pay if a replacement costs more. Essentially they would be giving you a credit note...

Considering they updated the sizes, they must know of the mistake - so hopefully they will be a bit sympathetic and a replacement B should be the easiest option considering the gift vouchers (I am not sure how they would handle a refund considering this - though accepting credit from them wouldn't be that bad either).

I wouldn't want to go with C because of the delays with getting it sorted.


I would prefer A myself if I knew I could get the cash back - but if they have another bag that suits you, is it worth the hassle?

lincroft1710

As your mother did not pay cash, it is unlikely they would refund cash. Looking at the catalogue it may be that had the case had those dimensions it would not be "cabin friendly".

ewliin

lincroft1710 wrote: »

As your mother did not pay cash, it is unlikely they would refund cash. Looking at the catalogue it may be that had the case had those dimensions it would not be "cabin friendly".

Well, the dimensions given in the catalogue are only very slightly too large, essentially good enough as they tend to be quite lax with internal US flights, and for the trans-atlantic leg of my trip I can just check it.

pendulum

As your mother bought it on her credit card you might find your only option from that list is C as they will only deal with her (and legally they only have to deal with her).

djb215

Don't make a mountain out of a molehil, just return it in the packaging under the 30 day moneyback guarantee.

The browsers in store will probably have an oversticker now to correct the information and there may have been a till bulletin for the cashier to read out. The T&C's state in the catalogue and on the website (can't remember the exact wording) that whilst every attempt to verify the information is correct that it may be the case the information has to be altered. It is obviously not possible to put overstickers in the catalogues that are already in the homes of customers.

The refund will be a reverse of the tender paid or you can opt to have the whole lot onto a gift card. You will only get the reverse of the tender paid (the exact card it was paid on), not cash if you didn't pay cash.

If you wish to persue a refund in accordance with your legal rights then you will need your mother as she is part of this consumer contract.

tronski

Take it back and explain that the cat description is wrong (although usually if there is a mis print in the catalogue, then the cashier reads out the correct information at point of sale). Does your Mum remember if this happened? Or they might have said that you'd receive a substitute item.

You wont get cash back. They can replace it with another item (if it costs more, then you pay the difference) or refund the cost of the item onto a giftcard. If you have the receipt, then you'll get the price paid, if not then you'll get the lowest selling price.

drsquirrel

djb215 wrote: »

Don't make a mountain out of a molehil, just return it in the packaging under the 30 day moneyback guarantee.

I think the mountain here is that someone else paid for it on their card and OP is trying to figure out the best way to go...

Honestly, I think their mother should make a better effort

neilmcl

Your mother is the consumer here not you and she'll be the one with any rights. Either persuade her to get it sorted for you or go with option C, buy the correct one yourself.

ewliin

Well turns out that I got more than expected, and was very happy with the quick and friendly service I received.

They were happy to (pretty much offered to) replace it for a suitcase of more suitable dimensions, and I ended up a straight replacement of one that was £44 (instead of £27 paid) - they did not charge me the difference.

They did, however, laugh at how ridiculously small the original one was

maninthestreet

ewliin wrote: »

Sounds like an open & shut case of "not as described" and thus, I am liable for a full refund.

:rotfl::rotfl::rotfl: