Argos refusing in-store refund

PandaPondered

I purchased a gaming controller for my PC from Argos via their website using my debit card. The item stated USB and PS/2 connections for PC and console, and an additional accessory. It was delivered a few days later. That evening I opened it to find no PS/2 or USB connectors (despite the box listing them). After checking online it became clear that both the cables to convert the proprietary base connector were missing, as was the additional accessory. They had sent me an expensive ( > £100) paperweight.

I emailed Argos complaints asking for a return (didn't trust a replacement) within about 12 hours of delivery. They agreed to the refund, so I asked if the local Homebase Argos would accept it. They said I could not take it back to any store because it was a "supplier order". Apparently I need to wait for a collection (I'd get a call within 5 days to arrange this), and then another 5-7 day wait after collection for the refund.

I was shocked, since their website clearly says small home delivery items can be returned to any store. I went through all their online terms and there was nothing about "supplier orders". The item page itself was not marked to show that it was any different to their other products.

I'm not home often, and as a contractor any time taken off work (to sit and wait for a collection) will cost me my wage. I had to arrange for someone else to receive the original package for me, and I don't want to have to do that again. I again demanded an in-store return since the item is clearly not fit for purpose. I mentioned statutory rights and that I should not be inconvenienced or have my refund delayed. I should not be burdened by a process their staff can handle, since I paid Argos for the goods and not their supplier. Failing that I suggested they provide me with a postage label.

All of this was ignored, and I got a very short email back saying their supplier will be contacting me to arrange collection. They say that the supplier sent the item out so it should go back to the supplier - it's not up to Argos and I can't return it directly to them.

I have replied saying my purchase was from Argos, so as a consumer my right to a return should go through them, and that their supply chain is not my concern, especially since it wasn't stated up front.

I don't really see how the responsibility can be shifted to a third party that I didn't even know existed. Is this allowed? If I go to a store with the item and ask for a refund there, can they refuse it, even though I was not sent what I ordered?

I have asked them directly to explain why my statutory rights are not applied in this case, but at this point I don't expect much of an answer, other than "computer says no".

If I am forced to take time off work to get a refund I will be losing money either way, so all I can think to do if that happens is bill them for the loss.

Any advice would be appreciated.

ThumbRemote

This is nothing to do with your statutory rights. Under your statutory rights they only have to give a refund, there's nothing to say that they have to let you return it using your preferred choice. Mentioning statutory rights is just going to confuse the issue.

It's actually a contract issue. The terms of the sale contract say that you can return it to store.

That said, they may arrange a return where you can drop off at a convenient drop off point - talk to the supplier in the first instance to see what they say.

Tyler119

I have also looked on the Argos website, and apart from very large items, everything can be returned to the store.

I would go to the store with the item and a copy of the receipt, explain that the item is unusable as parts are missing and ask for a refund. If it is within 30 days you are entitled to that as the product is not as described.

You are also correct that the contract of sale is between you and Argos. Perhaps less than trained staff have been communicating with you.

PandaPondered

Thanks for your replies.

After some emails back and forth my complaint was escalated, and they have now agreed that I do have the right to return the item to a store after all. They have asked me to specify which store though in order to make arrangements, so hopefully the rest of the process will go smoothly.