Better model supplied - now shop wants it back

arcon5

geri1965 wrote: »

Once you have left the store, then the item is yours!

Nonsense. The incorrect item belongs to Argos and Argos have still not fulfilled the contract.

If this was the case then shop lifters would certainly be celebrating.

They are unlikely to pursue it, but that's a different story

unholyangel

arcon5 wrote: »

Nonsense. The incorrect item belongs to Argos and Argos have still not fulfilled the contract.

If this was the case then shop lifters would certainly be celebrating.

They are unlikely to pursue it, but that's a different story

I think he was thinking more along the lines of payment had been offered, argos accepted the payment in exchange for the bundle they gave the customer so contract was formed.

Much the same as you buying an item, it scanning at £20 then after you've left the shop, they ask you to pay another £20 because it should have been £40. Contract has already been formed and you're under no obligation to pay the extra or return the goods.

fozmcfc

unholyangel wrote: »

I think he was thinking more along the lines of payment had been offered, argos accepted the payment in exchange for the bundle they gave the customer so contract was formed.

Much the same as you buying an item, it scanning at £20 then after you've left the shop, they ask you to pay another £20 because it should have been £40. Contract has already been formed and you're under no obligation to pay the extra or return the goods.

Correct.

Argos have no claim to the goods, they made a mistake and the contract is well and truly formed. Unless the OP is willing to take it back, it's tough luck.

I remember years ago getting some Amiga games from Hamleys in London. They charged me £8 odd instead of £80 odd. I didn't notice till a lot later when going through my debit card reciepts to chuck away after 6 months or so.

Sometimes we get shortchanged in life, sometimes we end up with the toast landing jam side up.

arcon5

unholyangel wrote: »

I think he was thinking more along the lines of payment had been offered, argos accepted the payment in exchange for the bundle they gave the customer so contract was formed.

Much the same as you buying an item, it scanning at £20 then after you've left the shop, they ask you to pay another £20 because it should have been £40. Contract has already been formed and you're under no obligation to pay the extra or return the goods.

Yes but that's not how Argos do business. You make your offer and they accept before the goods are supplied. So the contract that was formed was for goods x for which they have failed to supply, and no contract has been formed whatsoever for goods y which op is in possession off

arcon5

I remember years ago getting some Amiga games from Hamleys in London. They charged me £8 odd instead of £80 odd. I didn't notice till a lot later when going through my debit card reciepts to chuck away after 6 months or so.

MAJOR difference between this situation whereby you present the goods you wish to purchase along with payment and ops situation where goods are supplied AFTER the contract had been formed.

withabix

Contract formed. Argos have no comeback.

Besides, Argos sometimes deliberately substitute more expensive alternatives and don't necessarily tell you. Plenty of posts about that.

If they persist about wanting it back, your reasonable reimbursement for your time and travel costs (or waiting in if they suggest collecting), shall be no less than £120, paid in advance.

Common sense really.

maninthestreet

If the OP doesn't return it, what will Argos do? Do they have the OP's address?

Guardsman

Twice this year Argos have given me a different model to the one I ordered. The first one was a digital camera that had a slip of paper inside the box telling me it was a upgrade due to the one I ordered being out of stock.
The second item was a Sat nav they did not tell me it would not be the one I asked for but on both occasions I received a better product than I originally ordered

bluenoseam

Hate to say this, but between the item being picked & you going out the door they have a minimum of TWO occasions where the item should be checked. Someone will get disciplined over it but they damned well deserve it.

zoob

fozmcfc wrote: »

Correct.

Argos have no claim to the goods, they made a mistake and the contract is well and truly formed. Unless the OP is willing to take it back, it's tough luck.


If Argos had given out the a cheaper bundle, your saying the customer would have no claim because the contract is well and truly formed