Argos Exchange Policy

Tyger2407

Thanks Naedanger.
No not contemplating suing for sure. I am hopeful to find a sympathetic member of staff but like to understand my legal position so I am equipped with a strong argument if needs be.
Just want to get replacement units and have happly kids again lol.
Your advice is appreciated thank you.
Thank you to others that have offered advice too.

unforeseen

naedanger wrote: »

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.

Anything newer than a single case from 1909? Maybe one in the consumer arena?
Loss of Bargain involving businesses is quite well documented but there is very little, if any, caselaw to show that it successfully translates and is successful in the consumer arena.

I have found one documented case on another forum from 2011, involving Argos funnily enough, where the claimant was blown out of the water. Other than that nothing

[Deleted User]

unforeseen wrote: »

Anything newer than a single case from 1909?

A bit of unintentional humour I think..

naedanger

unforeseen wrote: »

Anything newer than a single case from 1909?

As far as case law is concerned once the matter is established (e.g. in 1909 or earlier) there won't be further case law on that point unless it is successfully appealed and amended. Usually the appeal will be for clarification regarding circumstances that are different or not envisaged in the earlier case.

So you are not going to get recent case law on a simple matter such as the op's case. (And small claims court cases don't set any precedent so won't set any case law.)

Maybe one in the consumer arena?
Loss of Bargain involving businesses is quite well documented but there is very little, if any, case law to show that it successfully translates and is successful in the consumer arena.

The principle applies to contract law generally there is no reason for the consumer arena to be any different. Indeed the Consumer Rights Act specifically mentions that a consumer is entitled to claim damages in addition to any remedy within the CRA itself. (And Acts take precedence over all case law.)

I have found one documented case on another forum from 2011, involving Argos funnily enough, where the claimant was blown out of the water. Other than that nothing

Well post a link to your case.

unforeseen

naedanger wrote: »

Well post a link to your case.

http://legalbeagles.info/forums/showthread.php?26154-Loss-of-Bargain-clarification

Your move

naedanger

unforeseen wrote: »

http://legalbeagles.info/forums/showthread.php?26154-Loss-of-Bargain-clarification

Your move

Interesting, but part of their defence was "It was not possible to issue a replacement item to the claimant as none were left." Otherwise it seems they could not argue the contract was frustrated. So if there are still replacements available this case is not relevant to the op's case. (That said I am surprised at the result, as were others including Which Legal.)

Also as it was a small claim it sets no precedent. (But worth bearing in mind.)

Tyger2407

I am finding all this most interesting genuinely. However I have to admit I am still no clearer on whether by law Argos have a right to make me pay extra for my exchange product where it is like for like?
Unfortunately this same tablet whilst it can be found cheaper at another retailer than Argos are currently selling it at, that other retailers price is still more than my original purchase price.

Anoneemoose

I don't understand why they can't just exchange them for the same for the same thing. I appreciate they don't have to, but I have found Argos to be really good in certain situations.

We bought iPad minis that were reduced by £30 each in the black Friday sale..my hubby cheekily phoned and asked if they would refund the difference (not expecting that they actually would) and they did!!!

I would try your luck in store. Reserve 2 more. Go in and say you want to exchange them as they're faulty, here's the reservation number. I'd hazard a guess they will do it for you. Don't
mention speaking to Customer Services. In fact, I am half inclined to think Customer Service have told you incorrectly (and by that I don't mean they have told you incorrectly re: the consumer rights act, I mean by their own policy).

Anoneemoose

https://www.argos.co.uk/help/returns-and-refunds/

It says on here you choose exchange or refund. If done as an exchange, I don't believe they can charge you more. If they refunded you and then you repurchased separately (not that anyone would, I imagine), they could then charge you the new price.

Tyger2407

Thanks Anoneemoose. Customer service have already reserved 2 which should be ready for collection tomorrow.
My concern arises from the fact that when I questioned whether I would need the original debit card I paid with online I was told that I would as their system processes it as a return and then a new sale. Hence the rise in cost would then have to be met by me. And hence giving me a fresh 30 days in case of the same fault occurring with the new units. This latter information was specifically mentioned as I was clarifying whether my 30 days exchange/return timescale would still expire 10th Jan (having run from the original purchase date of 10th Dec).