Returning faulty goods to argos with gift receipt.

Adam_Swain

So I've recieved a present, i would post a link but i'm not allowed

When i opened it it was missing a part, the UV sanitiser. . . the reason it is so expensive is because of this part. I have a gift receipt and i want to get my money back as i purchased one on amazon as they are half the price.

I've checked up on the argos website and it seems as long as you have a receipt and the item is damaged(missing parts) they will refund you, i then saw statutory rights mentioned, so i looked that up.

It states a shop should first offer you a replacement if in stock (which it isnt), then offer a like for like(which i wouldnt want any way) then a refund.

My question is, will they give me the money back or will they try to fob me off with a gift card. . . if they do that can i argue my case with statutory rights?

somethingcorporate

You have no statutory rights, only the person that bought the goods from Argos does. You are at their mercy and if they want to give you a gift card then you will likely have to take it.

Adam_Swain

Ah !!!!, well i purchased one from amazon, they dont have any in stock at the argos im going to go to, and none of the other items are in the same price range or do what this item does. So they cant offer me a replacement or a like for like. So the last option would be refund, if they offer gift card im going to argue my case.

On the website it only states if you dont have a receipt they will give you a gift card if you can provide a statement, i have a receipt. So fingers crossed.

Thanks for your input.

somethingcorporate

No probs, good luck. What is the item? Argos can be great with returns on some things but if it is electronics or excluded from their 30 days no quibble policy they can be a royal pain!

Leo2020

But you aren’t entitled to a refund as you didn't purchase it. If they do refund it would be to the person who bought it, not you.

bod1467

I think having a GIFT receipt circumvents this requirement - such a receipt is as valid as a normal one, as the original purchaser has bought the item with the express intention of passing it to another person.

somethingcorporate

bod1467 wrote: »

I think having a GIFT receipt circumvents this requirement - such a receipt is as valid as a normal one, as the original purchaser has bought the item with the express intention of passing it to another person.

This won't have an impact on statutory rights though.

wealdroam

How did the original purchaser buy the thing?

If by card, they may well want to refund to the original card used.

That is assuming they offer any refund at all.

Leo2020

If it was bought on card though the refund would go to the card holder, ie. the person who bought the gift.

Isn't a gift receipt normally issued so the person the gift is for can use the warranty, swap for a different size (clothes), etc?

The original purchaser is still that, the original purchaser and therefore any SOGA claim (which is different from a warranty claim, etc) would need to be done by them.

Hintza

OP is going to fight his corner............probable result he gets nothing!

OP you have NO rights in ths matter the person who bought it has.

unholyangel

http://www.which.co.uk/consumer-rights/sale-of-goods/returning-unwanted-gifts/how-to-get-a-refund/

http://www.oft.gov.uk/business-advice/treating-customers-fairly/sogahome/sogaexplained/

From the last link:
The situation may be different if you issue a gift receipt or if you tell a customer that the person they are buying the gift for can return the item. This is because
you may have impliedly accepted that the person who receives the gift item purchased from you obtains rights under the contract, or
the promise that the person who receives the item can exchange it or have a credit note, if the item is unsuitable, may be a term of the contract.
Contractual rights can be extended to third parties in other ways by your conduct. Often retailers who issue gift receipts state that such receipts only entitle the person who receives the gift to an exchange or to receive a credit note. This does not affect the original purchaser's rights to a refund if the goods are faulty.


I have to say, i dont usually disagree with most of the posters that have commented so far, but this is one time i am going to disagree, at least partly in that he may have contractual rights.