Better model supplied - now shop wants it back

Uncertain

Takeaway_Addict wrote: »

Someones job could be on the line because of this...

Sorry, but based on what we have been told here that is not in any way the OP's problem.

Regardless of what the OP does now the shop are aware of the mistake. If they can identify which staff member was at fault they can (and probably will) discipline them regardless.

I agree there is a moral argument (if not a legal one) that the OP shouldn't benefit from somebody else's mistake. However they certainly shouldn't be inconvenienced by it either. Personally I would say that the shop can make an appointment to bring the correct item to the OP's house and take the wrong one away. I would also expect some gesture of compensation for the inconvenience.

shocky_2

Personally I would offer to return it but only if they can swap it for the cheaper bundle. You only paid for the cheaper bundle but you shouldn't be inconvenienced because you have to go searching for the cheaper bundle somewhere else.

Hintza

Snooze you lose.

arcon5

maninthestreet wrote: »

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

Probably absolutely nothing. Although the retail price is much more, based on thei wholesale price they probably lost very little on the transaction. Not something a multi-national would spend to much time, effort or money on.

Lavendyr

I'm with those who say you have no obligation to take it back. Argos accepted your money and gave you a product. They are relying on your goodwill to acquiesce - the error is theirs.

If you want to take it back, I would expect them to have the item you had expected in stock and available for you to take away. If they don't, I'd say don't take it back.

arcon5

Lavendyr wrote: »

I'm with those who say you have no obligation to take it back. Argos accepted your money and gave you a product.

If wonder if you'd take this approach if op say purchased an iPhone 5 and received a 3GS and didn't realise until later that day. After all you would have given them your money and accepted the product they gave you.

the error is theirs

Which party made the error isn't necessarily relevant.

If for example you purchased an item for £100 and you received a receipt showing the agreed price was this, if they only charged your card for £10 you'd still owe them £90, in the same way as if they had charged you £1,000 they would have no legal basis to keep the extra £900, simply because you didn't notice.

artbaron

And I bet if they'd given you a cheaper item by mistake you'd get an assistant running up to you and saying, "You must return that item immediately so we can give you a more expensive one!" Yeah right. Tell them to do one.

Timalay

Ahh reminds me of when I bought some batteries for my mum at argos, nearly ended up with a free microwave. Link here. :rotfl:

unholyangel

arcon5 wrote: »

If wonder if you'd take this approach if op say purchased an iPhone 5 and received a 3GS and didn't realise until later that day. After all you would have given them your money and accepted the product they gave you.



Which party made the error isn't necessarily relevant.

If for example you purchased an item for £100 and you received a receipt showing the agreed price was this, if they only charged your card for £10 you'd still owe them £90, in the same way as if they had charged you £1,000 they would have no legal basis to keep the extra £900, simply because you didn't notice.

So what if the receipt simply states "xbox bundle" ?

Pretty much the same way if you had purchased something and didnt notice till a year down the line that it was (for example) a 21 litre microwave instead of a 23....you'd be stuck with it since you had opportunity to examine and determine whether it conformed to contract or not. That is the consumers window of acceptance. The retailers window of acceptance is upon you offering them payment and delivering the goods.

I mean you have to remember, law is largely biased in favour of the consumer. Businesses are supposed to know what they are doing. If the OP had used the machine, would argos then be chasing them for the extra £120 thus transferring risk AND placing an unexpected financial burden?

Even then the OP's "breach" of care would only really be for the difference between what they paid and what the wholesale price is. Even if you break something while in a shop, you're only liable for the wholesale price, not the retail price. And that is where YOU are at fault. Passing risk etc for something within their control is covered by Unfair Contract Terms.

Valli

IMO it's entirely up to you OP BUT if it were me they would be bringing me the XBox I had intended to purchase and THEN collecting the 'wrong' one from my home; at a prearranged time to suit ME.