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Argos refund minus a £5 voucher for spending over £50

Hi All,

I bought a £80 tablet last October which expired last week. When I bought it it cost £80 and so Argos gave me a £5 voucher for spending over £50.

I asked for a refund but they said I could have £80 less the £5 voucher they gave me. I don't think I ever spent the voucher which had a timescale on it.

I argued that I didn't ask for the voucher, that was Argos's choice to give me one can I have my £80 ? Still the response was £75.

I don't believe this is fare.

I'm going back on Saturday for round 2 but need to know my rights. Advice would be much appreciate.

Toddy
«134

Comments

  • visidigi
    visidigi Posts: 6,622 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Toddy wrote: »
    Hi All,

    I bought a £80 tablet last October which expired last week. When I bought it it cost £80 and so Argos gave me a £5 voucher for spending over £50.

    I asked for a refund but they said I could have £80 less the £5 voucher they gave me. I don't think I ever spent the voucher which had a timescale on it.

    I argued that I didn't ask for the voucher, that was Argos's choice to give me one can I have my £80 ? Still the response was £75.

    I don't believe this is fare.

    I'm going back on Saturday for round 2 but need to know my rights. Advice would be much appreciate.

    Toddy

    As per the receipt this is the way the voucher works.

    If you haven't spent the voucher return it - and then you would be entitled to a full refund.

    What they have said so fair is fair...be careful what you wish for/argue - after 6 months the onus on you is to prove the fault etc. and that would be far more hassle than arguing over £5.
  • daytona0
    daytona0 Posts: 2,358 Forumite
    I'm confused!

    How did the tablet expire?

    What was the original price of the tablet?

    Are you returning due to a fault (ie through the Sales of Goods Act)?

    Was this voucher something which was issued AFTER the transaction or during it?

    Do you have the voucher info so that they can check whether it has expired?
  • unholyangel
    unholyangel Posts: 16,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    visidigi wrote: »
    As per the receipt this is the way the voucher works.

    If you haven't spent the voucher return it - and then you would be entitled to a full refund.

    What they have said so fair is fair...be careful what you wish for/argue - after 6 months the onus on you is to prove the fault etc. and that would be far more hassle than arguing over £5.

    I might be wrong but when OP says october, I got the sense it was October past. Even if it was the 1st October, thats only 3.5 months so far - quite a while yet before OP would have to worry about the 6 month burden.

    But I do think they're wrong to deduct in this circumstances - OP was not given £5 credit or £5 cash - they were given £5 off a £50 spend. Thus the voucher itself was conditional upon OP entering into a further contract and did not add any value to the contract OP actually entered into.

    OP shouldn't be in a worse off position due to a breach on the retailers part.
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • Sagz_2
    Sagz_2 Posts: 6,251 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Argos gave me one of these vouchers just before Christmas, it was printed on the bottom of my receipt. Have you got the receipt op?
    Some days you're the dog..... most days you're the tree! :D
  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    I might be wrong but when OP says october, I got the sense it was October past. Even if it was the 1st October, thats only 3.5 months so far - quite a while yet before OP would have to worry about the 6 month burden.

    But I do think they're wrong to deduct in this circumstances - OP was not given £5 credit or £5 cash - they were given £5 off a £50 spend. Thus the voucher itself was conditional upon OP entering into a further contract and did not add any value to the contract OP actually entered into.

    OP shouldn't be in a worse off position due to a breach on the retailers part.
    My understanding is that the OP paid £80 and in return got a tablet and a voucher allowing £5 off a future purchase.

    If the OP wishes to get their £80 returned, then they need to return the whole package - the tablet and voucher.

    If the OP decides to keep the voucher, then it sounds quite reasonable to me that the seller does not refund that part of the package.

    OP was it part of this deal?
    If so, the voucher has expired - as well as the tablet. ;)
  • halibut2209
    halibut2209 Posts: 4,250 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    they were given £5 off a £50 spend. Thus the voucher itself was conditional upon OP entering into a further contract and did not add any value to the contract OP actually entered into.

    No, they were given a £5 voucher because they had spent over £50. You do not need to spend over £50 to redeem it.
    One important thing to remember is that when you get to the end of this sentence, you'll realise it's just my sig.
  • Toddy
    Toddy Posts: 89 Forumite
    I didn't spend the voucher and don't have the voucher.! They have a valid date and then worthless.

    My point is in didn't ask for the voucher. The tablet was £80 regardless. Who would refuse the voucher because should your appliance expire you lose the £5 should you ask for your money back. Surely the voucher should be in conditional.
  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Toddy wrote: »
    I didn't spend the voucher and don't have the voucher.! They have a valid date and then worthless.
    But as you cannot return the voucher - expired or not - there is no way of Argos knowing whether you have used the voucher or not.

    If you had used the voucher and got £5 off a subsequent purchase, why should Argos not 'claw back' that five pounds - which if you had not made the tablet purchase, you would not have been entitled to?
  • unholyangel
    unholyangel Posts: 16,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    wealdroam wrote: »
    My understanding is that the OP paid £80 and in return got a tablet and a voucher allowing £5 off a future purchase.

    If the OP wishes to get their £80 returned, then they need to return the whole package - the tablet and voucher.

    If the OP decides to keep the voucher, then it sounds quite reasonable to me that the seller does not refund that part of the package.

    OP was it part of this deal?
    If so, the voucher has expired - as well as the tablet. ;)

    You'll also notice the T&C's there say if its returned under the 30 day money back guarantee, you need to return the voucher and does not state in all circumstances/when faulty you need to return the voucher. That is because they cannot insist on their return for faulty goods.

    In any event as I've said, the OP didn't purchase (and wasn't given) a £5 gift card. It was a discount voucher to be used on future purchases. It has no value in OP's original purchase. It would only have value for the future transaction - if OP chose to enter into it.

    And also, OP can't be bound by terms they had no knowledge of at the time of entering into the contract.

    This isn't like ordering a tablet with a free case.
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • Toddy
    Toddy Posts: 89 Forumite
    Also, I didn't get £5 off. I got a voucher towards the next purchase. I spent £80 of my money so I expect £80 back?
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