Argos return's policy

neilmcl

malchish wrote: »

Or, my "shadow" is still there...very prompt!
thanks, I never needed your "explanations to". You are no expert. 1000 posts a year on the internet? Wonder why.

Sales of Goods act specifically states that nothing in it prevents or affects the application of British contract law. So the law for damages still can appply. Nobody can force you to reply on SoGA. You are entitled to choose to use contract law and win damages.

My advice was correct all the way. However, of course some people will find it uncomfortable - since it would be more difficult for retailers to fob off consumers following breaches of contract.:)

As I'm sure that this has been explained to you in the past, the whole premise of your theory falls down with a single phrase which happens to be the cornerstone of contract law - Mitigation of Loss!

One of the single most important tenets of contract law is that it must be fair and equitable to both parties, the idea of reasonableness prevails.

malchish

neilmcl wrote: »

As I'm sure that this has been explained to you in the past, the whole premise of your theory falls down with a single phrase which happens to be the cornerstone of contract law - Mitigation of Loss!

One of the single most important tenets of contract law is that it must be fair and equitable to both parties, the idea of reasonableness prevails.

Thanks, I do not need explanations, what you are saying is right.
But this exactly follows from your info: Reasonable damages are not disproportionate. They are what they are -reasonable. To buy another TV of the same quality and make. Of course, it is up to the judge to decide whether the request for damages is reasonable, of whether this is disproportionally costly.

If you buy a tV on sale, and it is faulty, and now you can only buy a similar TV for £50 more - then it is perfectly reasonable to buy that TV and claim damages (£50). If you ask for £1000 - that would be unreasonable.

You can always choose what legislation you want to apply. Only if your choice is proven unreasonable, then you won't get what you ask.
In practice, head office management are always aware of the law and they will in all probability satisfy you.

unholyangel

malchish wrote: »

Or, my "shadow" is still there...very prompt!
thanks, I never needed your "explanations to". You are no expert. 1000 posts a year on the internet? Wonder why.

Sales of Goods act specifically states that nothing in it prevents or affects the application of British contract law. So the law for damages still can appply. Nobody can force you to reply on SoGA. You are entitled to choose to use contract law and win damages.

My advice was correct all the way. However, of course some people will find it uncomfortable - since it would be more difficult for retailers to fob off consumers following breaches of contract.:)

Perhaps he has 1000 posts a year (what do you have about that btw? 2nd thread you've mentioned it in, almost like its your "go to" answer for any criticism) because he prefers to spend his time helping others instead of being a pompous eejit.

Do you really think you're doing yourself any favours coming onto this board as a virtual stranger, insulting the regulars who go out of their way to help people and arguing with them over even the most basic of consumer rights?

As I said to a similar poster, there are grey areas that the regulars may disagree on, but this isnt one of them.

Plus you seem to be forgetting the most basic rule when claiming damages.....mitigation. Which is why SoGA says you cannot force a remedy that is impossible or disproportionately costly in comparison to other remedies.

debbieme

Hi this happened to me . I bought a Tv from Argos it went bang in 6 weeks brought it back said it was un fixable but they could not replace as they no longer stocked that model. I then picked not 1 but 2 other different model of TV which were of higher value so all I had to do was pay the difference but guess what they had not them in stock and said they were not getting any more in. I finally took they Argos vouchers worth the TV price as I knew I would always spend them anyway so I was happy enough!

Valli

debbieme wrote: »

Hi this happened to me . I bought a Tv from Argos it went bang in 6 weeks brought it back said it was un fixable but they could not replace as they no longer stocked that model. I then picked not 1 but 2 other different model of TV which were of higher value so all I had to do was pay the difference but guess what they had not them in stock and said they were not getting any more in. I finally took they Argos vouchers worth the TV price as I knew I would always spend them anyway so I was happy enough!

You could, of course (and for the purposes of clarity to benefit others who may stumble across this thread when seeking answers on the web) have had the refund in the form you had originally paid for the goods.

So if you paid in vouchers (say a gift card) a refund in that form is deemed to be acceptable.

If you had paid in cash then your refund could have taken that form; if you had paid by credit card then a credit card reund would have been the way to go.

A customer is NOT obliged to accept a refund for faulty goods in the form of a gift card (or similar) if the original payment was in cash/on a credit card.

Naf

Valli wrote: »

You could, of course (and for the purposes of clarity to benefit others who may stumble across this thread when seeking answers on the web) have had the refund in the form you had originally paid for the goods.

So if you paid in vouchers (say a gift card) a refund in that form is deemed to be acceptable.

If you had paid in cash then your refund could have taken that form; if you had paid by credit card then a credit card reund would have been the way to go.

A customer is NOT obliged to accept a refund for faulty goods in the form of a gift card (or similar) if the original payment was in cash/on a credit card.

Although not stated explicitly, I took the post you quoted as meaning they offered the full price in vouchers (for purposes of an exchange), but that the cash refund would have been lower because they can deduct for the time you've had the product.

Valli

Naf wrote: »

Although not stated explicitly, I took the post you quoted as meaning they offered the full price in vouchers (for purposes of an exchange), but that the cash refund would have been lower because they can deduct for the time you've had the product.

The cost of the TV compared with the refund (in vouchers) was not specified; for a breakdown of a good within 6 weeks one could assume it was faulty and the refund should be in full; I posted so that less wary customers than those of us who frequent these boards wouldn't be 'forced' inot accepting a refund in store vouchers; as happened in the past;)

And because there has already been another poster posting some very dodgy advice;)

shaun_from_Africa

Sales of Goods act specifically states that nothing in it prevents or affects the application of British contract law. So the law for damages still can appply. Nobody can force you to reply on SoGA. You are entitled to choose to use contract law and win damages

Do you actually know what English contract law is?
Is is a set of terms that cover contracts and these terms must encompass all of the relevant statutory legislation.
It is called statutory legislation because it is legally binding and cannot be contracted out of.

Here is a good explanation of ECL

http://a4id.org/sites/default/files/user/documents/english-contract-law.pdf

Terms implied in law and by statute
7. Terms implied in law are terms imported by operation of law,
whether the parties intended to include them or not. For example, in a contract or the sale of goods, it is an implied term that the goods will be of a certain quality and, if sold for a particular purpose, will be fit for that purpose. For certain contracts the law seeks to impose a standardised set of terms as a form of regulation. Many terms which are implied in law have been put into statutory form. For example, a number of important terms are implied into contracts for the sale of goods by ss 12 to 15 of the Sale of Goods Act 1979.

shaun_from_Africa

malchish wrote: »

thanks, I never needed your "explanations to". You are no expert. 1000 posts a year on the internet? Wonder why.

Why?
Because I work 12 hour shifts and an awful lot of this time involves me sitting around waiting for something to do so I prevent boredom by web surfing and posting on various forums.

Yes, I have a reasonable number of posts, but if you notice, the number of thanks I've received outnumber the total number of posts.
Your thanks on the other hand are only about a quarter of the number of posts
Have you ever wondered why so few people find your posts helpful?

malchish

shaun_from_Africa wrote: »

Why?
Because I work 12 hour shifts and an awful lot of this time involves me sitting around waiting for something to do so I prevent boredom by web surfing and posting on various forums.

Yes, I have a reasonable number of posts, but if you notice, the number of thanks I've received outnumber the total number of posts.
Your thanks on the other hand are only about a quarter of the number of posts
Have you ever wondered why so few people find your posts helpful?

It is very easy to get loads of thanks.