Argos Exchange Policy

Tyger2407

I brought 2 tablets for my kids for Christmas from Argos which have developed a fault and won't charge. Having spoken to their customer service centre they have confirmed I can exchange for 2 new units and they have reserved the appropriate stock. My question arises from the fact that the price of these tablets have increased since I purchased them on 10th Dec and I have been advised I will have to pay the increase difference if I wish to exchange. Can someone please advise whether this is correct? Does this sit within consumer rights?

McKneff

If they have agreed that the items are faulty they can repair , refund or replace.
You would have to pay the difference though. Ask them to refund instead and shop elsewhere

Tyger2407

Thanks. My concern on getting a refund is that, having paid by debit card that it will take into next week before I get the money back. Aside from my kids having to wait a week for any replacement there is a risk that the refund could disappear into a financial black hole equally I don't have the money to pay the increase cost right now (hubby is self employed and we have zero money coming in right now). I really thought that an exchange due to a faulty product would just be a straight exchange?

naedanger

Tyger2407 wrote: »

I brought 2 tablets for my kids for Christmas from Argos which have developed a fault and won't charge. Having spoken to their customer service centre they have confirmed I can exchange for 2 new units and they have reserved the appropriate stock. My question arises from the fact that the price of these tablets have increased since I purchased them on 10th Dec and I have been advised I will have to pay the increase difference if I wish to exchange. Can someone please advise whether this is correct? Does this sit within consumer rights?

The following reply assumes the tablets are definitely faulty.

Under consumer right legislation (the Consumer Rights Act 2015) the retailer must replace, repair or refund at their option. So they can say a refund complies with consumer legislation, which is technically correct.

However as they have breached the sales contract (by selling faulty tablets) you are entitled to claim damages so that you do not suffer a financial loss as a result of their breach. In other words you should be in the same financial position as if the contract had been honoured. (And not as retailers sometimes pretend as in the same position as you were before entering the contract.)

Normally no damages are due as a refund is usually sufficient to enable a replacement to be bought without loss. However in your case your are entitled to be paid (in addition to a full refund) the shortfall needed to purchase the same (or equivalent) item elsewhere. The phrase "loss of bargain" is sometimes used to cover this situation.

The problem is that retailers, especially their junior staff, are unaware of this and so it can be difficult getting them to accept they have this liability. (So it is possible you might need to sue them.)

I suggest you try and speak to someone more senior and emphasise that all you want is to be in the same position you would be in had they honoured the contract. You should not lose financially from their breach.

(There was a very similar thread a few days ago. The above is v. largely copied from that thread. The following is a link to that thread:

https://forums.moneysavingexpert.com/discussion/5577328

)

unforeseen

'Loss of Bargain' appears every year at this time but is never backed up with evidence of any success apart from one case a few years ago.

A few references from Bailii would help.

Tyger2407

"Bailii" not sure I understand sorry?
What would you advise Unforeseen?

agrinnall

Tyger2407 wrote: »

"Bailii" not sure I understand sorry?

I don't think the reference was aimed at you but at the people who propose claiming for Loss of Bargain.

BAILII = British and Irish Legal Information Institute.

http://www.bailii.org/

naedanger

unforeseen wrote: »

'Loss of Bargain' appears every year at this time but is never backed up with evidence of any success apart from one case a few years ago.

A few references from Bailii would help.

Damages in Contract Law

Damages in contract law are a legal remedy available for breach of contract. Damages are an award of money to compensate the innocent party. The primary purpose of damages in contract law is to place the injured party in the position they would have been in had the contract been performed.

Link with case law:
http://e-lawresources.co.uk/Contract-remedies.php

However the op's case seems about as straightforward as it gets.

Tyger2407

naedanger wrote: »

However the op's case seems about as straightforward as it gets.

Feels like it should be. I just don't have any money and just want to get my kids Christmas presents replaced with ones that work (or charge as is actually the problem). I just don't understand why I should have to pay any uplift. I don't recall ever having to do this with any other faulty return.

LilElvis

If you purchased two and they both have the same fault then it is likely that the batch that Argos have may all have the same fault.

naedanger

Tyger2407 wrote: »

Feels like it should be. I just don't have any money and just want to get my kids Christmas presents replaced with ones that work (or charge as is actually the problem). I just don't understand why I should have to pay any uplift. I don't recall ever having to do this with any other faulty return.

The real problem is to enforce your rights (e.g. to damages) you might need to sue Argos. There is a small claims court that is supposed to make this relatively easy but it will still be a lot of effort for most people and involves some risk so most people won't bother.

If you aren't contemplating suing them then it may be best not sounding off strongly about the legal position and instead try to find a member of staff that is sufficiently senior to be able to understand the unfairness and have the authority to rectify it.

There have been some instances of good service from Argos on this board. So I think you have a reasonable chance. If it is possible to speak to someone in person I would have thought you might get a more sympathetic outcome.