Argos refusing to issue refund as I opened the fit

madmaia

Have I got the rules completely wrong about buying online and the right to a full refund within 14 days - without even having the original packaging?

I bought a fitbit from Argos this week online and paid by credit card. I tried it for two days but it just isn't suitable for me, it doesn't log what I need it to, so I packaged it all up again and contacted Argos to request a refund. They keep referring me to their returns policy which states that goods can only be returned if they are in their original packaging and unused, unless they are faulty.

Is this right?

DoaM

Yes it is - sort of. They must provide a refund, but as it isn't faulty they are allowed to deduct an amount (up to 100% of the purchase value) from the refund to account for it now not being in New condition.

Diamandis

What does it not do that you need it to and why did you think it did those things?

Argos won't be able to do much with a used fitbit. Maybe try selling it on to get some of your money back?

glentoran99

The extent to which you can handle the goods is the same as it would be if you were assessing them in a shop, opening and using it for two days would merit a deduction as said above

madmaia

Thanks - I think!

So how come none of the material on your rights when you buy online that I looked at, including Which? and money.com, say nothing anything about this?

Note to self - just stick to Amazon, they have excellent returns policies. I've obviously got too used to their level of service. The Argos person I talked to didn't know anything about this either, just kept repeating their returns policy and ignoring all references to the online selling protection legislation.

madmaia

The "used" fitbit is still in pristine condition and good to go. In retrospect it does seem a bit much to have tried it out for two days though, I guess I am just used to being able to return goods to Amazon so easily.

As for what it doesn't do, I suppose I should have realised it wouldn't be able to track my Tai Chi routines automatically, not enough stepping, and I'm not, nor will I ever be a runner, so I suppose in the end I just didn't think the things it did do - hr monitoring, sleep monitoring, nagging about activity per hour - were worth it to me right now given that all my exercise routines would have to be manually entered.

theonlywayisup

madmaia wrote: »

Thanks - I think!

So how come none of the material on your rights when you buy online that I looked at, including Which? and money.com, say nothing anything about this?

Note to self - just stick to Amazon, they have excellent returns policies. I've obviously got too used to their level of service. The Argos person I talked to didn't know anything about this either, just kept repeating their returns policy and ignoring all references to the online selling protection legislation.

Note to self. Read the relevant legislation when wanting to return goods you have accepted and used. As you are familiar with Which https://www.which.co.uk/consumer-rights/advice/i-want-to-return-something-bought-online Most people don't use something for two days before they opt to return it. Ordering online isn't a free for all service for you to try before you buy!

Amazon may have excellent return policies but like Argos they can choose to make a deduction from your refund if you are returning an item which isn't faulty but is used.

pinkshoes

madmaia wrote: »

I tried it for two days

Your rights to a full refund are based on examining the item as you would in store. Except you do this at home.

A store would not let you try it for two days.

Amazon is the same. They will deduct a fee for usage and no packaging as they would then have to sell it as used.

I'm assuming you wouldn't be happy if you bought a brand new item from Amazon that someone had already worn for two days?

glentoran99

madmaia wrote: »

Thanks - I think!

So how come none of the material on your rights when you buy online that I looked at, including Which? and money.com, say nothing anything about this?

Note to self - just stick to Amazon, they have excellent returns policies. I've obviously got too used to their level of service. The Argos person I talked to didn't know anything about this either, just kept repeating their returns policy and ignoring all references to the online selling protection legislation.

https://www.which.co.uk/consumer-rights/regulation/consumer-contracts-regulations


"A deduction can be made if the value of the goods has been reduced as a result of you handling the goods more than was necessary.
The extent to which you can handle the goods is the same as it would be if you were assessing them in a shop."

LilElvis

madmaia wrote: »

Thanks - I think!

So how come none of the material on your rights when you buy online that I looked at, including Which? and money.com, say nothing anything about this?

Note to self - just stick to Amazon, they have excellent returns policies. I've obviously got too used to their level of service. The Argos person I talked to didn't know anything about this either, just kept repeating their returns policy and ignoring all references to the online selling protection legislation.

Further note to self - Amazon can, and do, ban customers who abuse their returns policy. This wouldn't just mean you but can also extend to all those at your address with an Amazon account.

davidwood681

madmaia wrote: »

The "used" fitbit is still in pristine condition and good to go. In retrospect it does seem a bit much to have tried it out for two days though, I guess I am just used to being able to return goods to Amazon so easily.

As for what it doesn't do, I suppose I should have realised it wouldn't be able to track my Tai Chi routines automatically, not enough stepping, and I'm not, nor will I ever be a runner, so I suppose in the end I just didn't think the things it did do - hr monitoring, sleep monitoring, nagging about activity per hour - were worth it to me right now given that all my exercise routines would have to be manually entered.

I bet you'd be the first to complain if you bought an item for full price and it arrived having been used by someone else for a couple of days