Distance Selling Rules and Argos

shaun_from_Africa

jonboysez wrote: »

Shaun
Recently on tv there was a program showing how clean hotels were between 5 star and 1 star rated hotels - one of the things they found most bugs on was the tv remote controls!

However, a TV remote could be cleaned with a quick spray of disinfectant, something that couldn't be easily or cheaply done to the inside of a humidifier.
Another thing to remember is that a TV is far more expensive than a budget humidifier so ensuring that the humidifier was safe to resell probably wouldn't be cost effective.

Argos probably binned the returned item, something that they wouldn't do with a TV.

jonboysez

If you look on Ebay you will find loads of these for sale with limited warranties - wonder where they came from............

martinsurrey

Can I just interject in this please.

from The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013

http://www.legislation.gov.uk/uksi/2013/3134/made

“distance contract” means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;
"

OP collected this from in store, so it is NOT a distance contract, click and collect is just to reserve the item, the contract is completed in store, as such you only have the rights of a purchase in store.

Le_Kirk

I believe with Argos you can click and reserve and pay in store or you can click and pay and then do a collect. Surely one method would be subject to The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and one wouldn't.

shaun_from_Africa

martinsurrey wrote: »

OP collected this from in store, so it is NOT a distance contract, click and collect is just to reserve the item, the contract is completed in store, as such you only have the rights of a purchase in store.

When ordering online with Argos for store collection, you have the choice whether to pay when you order or pay in store so it's possible that it was a distance contract.

martinsurrey

shaun_from_Africa wrote: »

When ordering online with Argos for store collection, you have the choice whether to pay when you order or pay in store so it's possible that it was a distance contract.

payment does not conclude the contract.

per Argos T&C's the contract is concluded when the goods are collected from the store (which means if you don't collect them you get your cash back).

so its not a distance contract.

neilmcl

martinsurrey wrote: »

payment does not conclude the contract.

per Argos T&C's the contract is concluded when the goods are collected from the store (which means if you don't collect them you get your cash back).

so its not a distance contract.

Wrong. Their T&Cs can say whatever they like but once payment is been made and the goods have been dispatched the contract has concluded. The fact that the item is in store rather than delivered to you house is neither here nor there. Online click & collect where payment is taken on order conforms to the definition of a distance sale.

neilmcl

Le_Kirk wrote: »

I believe with Argos you can click and reserve and pay in store or you can click and pay and then do a collect. Surely one method would be subject to The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and one wouldn't.

This is correct. The former doesn't but the latter does.

martinsurrey

neilmcl wrote: »

Wrong. Their T&Cs can say whatever they live but once payment is been made and the goods have been dispatched the contract has concluded. The fact that the item is in store rather than delivered to you house is neither here nor there. Online click & collect where payment is taken on order conforms to the definition of a distance sale.

Can you show me where you get this from and how goods not moving means they are dispatched?

"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."

that is 100% compliant, and makes click and collect (fast track) orders are concluded on collection and so are not distance contracts.

jonboysez

You have gone way above my head now - but FYI - I paid up front online using Paypal for click and collect but collected it from Sainsburys not Argos and could not/did not inspect the goods before paying.