Argos Pricing Error

spekes

I am wondering if there is anything I can do and if Argos are in breach of any rules for a recent transaction I have had with them.


It started when Argos had an Apple iMac on sale on their website at 399. This I thought must be wrong, but it also clearly stated it was a 'Better than half price' offer and an 'Online Exclusive'. Initially I had trouble ordering the item, so I sent off an email to Argos customer services, stating all the details, including the price of the item and said I was having issues.


Argos duly replied that it was purely down to stock issues and I should try later. I did this and successfully order the item. Argos took my money and several hours later when I got home I found Argos had now cancelled the order due to a pricing error. Last time I checked, they hadn't completed the refund of my money.


I understand from the t&c's that the contract isn't formed until Argos decide, even if they have taken your money. I have also contacted Argos, who for anybody who has to deal with them in future, appeared to have lost the will to live generally, have no clue on keeping customers happy and are completely indifferent to complaints, when they can even be bothered to reply to emails.


Is there any advice anyone can offer on this situation, and any suggestions of things I should mention in a written complaint letter (apparently you can only complain by post, I guess this is so they can claim they never received it). Or even if this is going to be a pointless exercise and my time would be better spent giving Argos negative reviews instead.

wiogs

What do you wish to complain about? The poor customer service?

shaun_from_Africa

spekes wrote: »

I understand from the t&c's that the contract isn't formed until Argos decide, even if they have taken your money.

Argos have pretty much the same policy as most online retailers with regards to contract formation:

2.3 Acceptance of your order and the completion of the contract between you and us will take place on despatch to you of the products ordered unless we have notified you that we do not accept your order or you have cancelled it (please refer to Returns and refunds). For FastTrack orders, completion of the contract between you and us will take place when the products ordered have been collected from the store.

http://www.argos.co.uk/static/StaticDisplay/includeName/TermsAndConditions.htm
An imac for less that £400 is an obvious error and provided that Argos correct the advert within a reasonable time of realising this then they have done noting wrong.
Mistakes happen which is why the terms of online contract formation are generally worded as they are.

mattyprice4004

Yep, contract formed on dispatch - so they don't have to honour the deal.

spekes

I was wondering whether stating it as an 'Online Exclusive' and 'Better Than Half Price' takes it beyond a simple pricing error and into false advertising. Also, I had emailed them and they never questioned the price (which was part of my email) and only stated they were having stock issues in their reply. I can't see any clear guidance as to when the threshold for a pricing error is exceeded.


I realise I am probably going to have to end up writing this one off to experience, but always worth a try to see if there is any recourse. I think complaining about Argos's customer service won't get me too far, googling around shows it's been in this state for many years!

McKneff

The same question is asked time after time after time on the boards.


All you can do is move on.

spekes

Thanks guys, I guess the old adage is true, if it's seems to good to be true then there is probably a weasel out clause in the T&C's!

shaun_from_Africa

spekes wrote: »

Thanks guys, I guess the old adage is true, if it's seems to good to be true then there is probably a weasel out clause in the T&C's!

It's not a "weasel out" at all, simply a reasonable term that allows a company not to be held liable for a human error.


If you were sending money to someone or paying for goods, would you be willing to honour the transaction if you made an mistake and added one zero too many thereby paying 10 times the intended amount?

browneyedbazzi

spekes wrote: »

I was wondering whether stating it as an 'Online Exclusive' and 'Better Than Half Price' takes it beyond a simple pricing error and into false advertising. Also, I had emailed them and they never questioned the price (which was part of my email) and only stated they were having stock issues in their reply. I can't see any clear guidance as to when the threshold for a pricing error is exceeded.

If you can prove that and item was deliberately (ie not a mistake) advertised at a low price that the retailer never intended to sell it for then the threshold would be crossed - as it is very difficult to read their minds this is difficult to do. Some things that might help prove they are deliberately advertising items at lower priced than they intend to sell are patterns of activity, stock levels (ie something is advertised at a very competitive price but they haven't ordered stock to cope with likely demand) or internal documents.

Also, if you had evidence of a bait and switch - where they advertise a product at a great price then tell you the original product isn't available and try to sell you something else instead (often an inferior product or something that is overpriced with a bit of a hard sell attached), then that would be an offence.

JReacher1

The better than half price "bubble" will be automatically generated by the Asda IT systems when the price of the item is less than half price of the original price.

You could maybe complain about this but I don't see what benefit that would get you as you still wouldn't get the item for the price you want.

spekes

shaun_from_Africa wrote: »

It's not a "weasel out" at all, simply a reasonable term that allows a company not to be held liable for a human error.


If you were sending money to someone or paying for goods, would you be willing to honour the transaction if you made an mistake and added one zero too many thereby paying 10 times the intended amount?

Whilst I agree that it is reasonable to make mistakes, I don't feel consumers should have payments taken prior to any contract being agreed between the parties, technically Argos are still holding £399 of my money for something that they are not able to supply. Think I will stick to Amazon in future where the contract to supply the goods is in place prior to the deduction of funds.