Argos have now said that the item will now not be in stock

halibut2209

Your belief is incorrect. If they do not have the item, how can they give it to you.

And companies are quite entitled to change their mind whenever there has been a mistake in pricing.

https://forums.moneysavingexpert.com/discussion/3277262

pickpocketlocket

shaun4d wrote: »

Thank you for all your replies, even if a few of them were getting a little heated. I have taken them all into consideration and do believe myself that once I hand over my money for an item then a "contract" is formed whereby Argos must supply me with the requested item. Otherwise companies could change their mind whenever there has been a mistake in pricing etc.

However this is just my opinion and probably not the law so I am just going to call Argos again and say, "Wouldn't it be a nice gesture for argos to atleast provide me with a TV cabinet for the same price or reduced price."

Once again, thank you very much for your help

From the Argos terms and conditions:

Title to any products you order on this website shall pass to you on delivery of the products provided that we have processed and received payment in full for the products.

Title has not passed, you have no right to the goods. The problem with what you "believe" is that you have not based it on fact!

shaun4d

Yes like I said that I am probably wrong and I am just going to call Argos. I believe some people on this website have got attitude problems. What is with all the "shirty" comments? This website is aimed at helping people and not trying to score points.

However, once again thank you for your information as it has let me know where I actually stand in this matter and it appears that I should just not use Argos in the future if I am unhappy with the service they have provided.

shaun_from_Africa

This sort of problem crops up on here on a fairly regular basis and doesn't seem to be limited to only one or two particular retailers, so it's probably not worth avoiding Argos in the future as it could well happen with the next company you decide to buy from.

With regards to contacting Argos, you may get a better response if you write to the customer service dept at their head office.
Explain exactly what has gone on and how they have had your money for 2 months, and ask if they would be able to check all of their stores to see if there is a cabinet in stock in one of them that they would be able to arrange to ship to you.

Even if they can't get hold of one, they may well send you a goodwill payment or voucher along with your refund.

bris

Actually loss of bargain may very well come into this one, the delivery was promised and the money was taken. This is what loss of bargain is all about, two months is unfair for a contract to be strung along then cancelled. There is case history for this, google it.

pickpocketlocket

bris wrote: »

Actually loss of bargain may very well come into this one, the delivery was promised and the money was taken. This is what loss of bargain is all about, two months is unfair for a contract to be strung along then cancelled. There is case history for this, google it.

No contract has been formed, and hence LoB is not applicable.

George_Michael

two months is unfair for a contract to be strung along then cancelled

Don't forget that of those two months, the OP was fully aware that the cabinet wouldn't be delivered for 40 days so I wouldn't say that they were being strung along during this period.
It was about a week after this that advice was given that the cabinet was no longer availabe and that a refund should be obtained.

So Argos have only really held onto the money for about 1 week longer than anticipated.

bris

A contract has been formed, of course it has, an price has been offered and accepted. This is not a misprice and at no time has Argos admitted to making a mistake. This is a straight forward broken contract, Argos can not just rescind this contract.
A court would agree with the op on this one if it was to go that far, but it is not viable to do so as the claim would not make it worthwhile, the loss is only the difference paid for a similar product minus the cost of the failed delivery, so most of these claims will never see the light of day. there are enough historic cases out there though that make the claim viable if it were to go that far.

societys_child

A contract has been formed, of course it has, an price has been offered and accepted.

I've not looked through the Argos T&Cs but I know that Amazon (for example) specifically state that no contract is formed until the goods are dispatched.

wealdroam

societys_child wrote: »

I've not looked through the Argos T&Cs but I know that Amazon (for example) specifically state that no contract is formed until the goods are dispatched.

But that's for online sales, and Argos T&Cs are similar.

The OP has clearly said that he made the purchase in-store.