Argos refusing to issue refund as I opened the fit

unholyangel

One point to make....they can only make a deduction if they provided you with the information contained in paragraph (l) of schedule 2 in accordance with part 2.

(9) If (in the case of a sales contract) the value of the goods is diminished by any amount as a result of handling of the goods by the consumer beyond what is necessary to establish the nature, characteristics and functioning of the goods, the trader may recover that amount from the consumer, up to the contract price.

(10) An amount that may be recovered under paragraph (9)!!!8212;

(a)may be deducted from the amount to be reimbursed under paragraph (1);
(b)otherwise, must be paid by the consumer to the trader.

(11) Paragraph (9) does not apply if the trader has failed to provide the consumer with the information on the right to cancel required by paragraph (l) of Schedule 2, in accordance with Part 2.

And paragraph (l):

(l)where a right to cancel exists, the conditions, time limit and procedures for exercising that right in accordance with regulations 27 to 38;

So in a nutshell, for them to make a deduction then all of the following needs to be satisfied:
1) Your handling of the item is unreasonable/goes further than you would be allowed in a shop
2) That unreasonable handling reduces the value of the item
3) The retailer complied with telling you your rights - including that your refund would be reduced if your handling goes beyond what is reasonable and they provided this information before the contract was formed.

LadyDee

Doesn't anybody see this as consumer "rights" gone mad? Buy something without researching that it will do what you require, use it for two days, then expect to get your money back, leaving the store with an unsaleable item or, at best, an item that will have to be sold as used.

Actually, in this particular instance the watch will presumably have been worn on somebody's sweaty arm during exercise and I would expect the store to refuse a return on hygiene grounds.

unholyangel

LadyDee wrote: »

Doesn't anybody see this as consumer "rights" gone mad? Buy something without researching that it will do what you require, use it for two days, then expect to get your money back, leaving the store with an unsaleable item or, at best, an item that will have to be sold as used.

Actually, in this particular instance the watch will presumably have been worn on somebody's sweaty arm during exercise and I would expect the store to refuse a return on hygiene grounds.

No because if a retailer complies with their legal obligations then their position is protected and they can reduce the refund (up to the whole contract price) to account for diminished value.

The purpose of the regulations are to give the consumer the same opportunity they would have when buying the goods in person because otherwise you're looking at a business model which offers more benefit to the retailer at the expense of the consumer (ie they get cheaper rent, have access to a bigger demographic while consumer doesn't get to see goods until they're delivered).

Plus physical shops have goods that are damaged too - except they usually can't identify the person that did it so can't recoup the costs like they can with distance sales.

LadyDee

unholyangel wrote: »

No because if a retailer complies with their legal obligations then their position is protected and they can reduce the refund (up to the whole contract price) to account for diminished value.

The purpose of the regulations are to give the consumer the same opportunity they would have when buying the goods in person because otherwise you're looking at a business model which offers more benefit to the retailer at the expense of the consumer (ie they get cheaper rent, have access to a bigger demographic while consumer doesn't get to see goods until they're delivered).

Plus physical shops have goods that are damaged too - except they usually can't identify the person that did it so can't recoup the costs like they can with distance sales.

There's a difference between "oops, I didn't do my research, I've bought the wrong thing" I'll claim my money back, and "oops, I didn't do my research, I've worn it on my sweaty arm for two days" I'll claim my money back. Sorry, simply on the grounds of hygiene I don't see why Argos should be required to refund anything - the OP could probably get something back on it by selling on Ebay.

unholyangel

LadyDee wrote: »

There's a difference between "oops, I didn't do my research, I've bought the wrong thing" I'll claim my money back, and "oops, I didn't do my research, I've worn it on my sweaty arm for two days" I'll claim my money back. Sorry, simply on the grounds of hygiene I don't see why Argos should be required to refund anything - the OP could probably get something back on it by selling on Ebay.

As I said, the retailers position is protected if they comply with their legal obligations. If the retailer does comply then its the consumer who pays the price for their actions/mistake.

Also, there is an exemption from the right to cancel for items that are sealed for health protection/hygiene reasons if they become unsealed after delivery.

ScorpiondeRooftrouser

LadyDee wrote: »

There's a difference between "oops, I didn't do my research, I've bought the wrong thing" I'll claim my money back, and "oops, I didn't do my research, I've worn it on my sweaty arm for two days" I'll claim my money back. Sorry, simply on the grounds of hygiene I don't see why Argos should be required to refund anything - the OP could probably get something back on it by selling on Ebay.

Indeed. People simply seem to have lost track of the basic idea that if you buy something that does what it claims to do and then make it unsaleable then there's no way on earth that any retailer has a moral obligation to just give you your money back and throw the thing away, let alone a legal obligation. Their expectation seems to be that you can buy, try it out, and then return regardless of whether it is resaleable or not; and that the retailer should always accept the financial hit.

MokeyMagic28

There seems to be quite a lot of negativity and focus on the 'two days'. What's wrong with y'all? As we all know, we cannot try, view or handle anything physically when buying from Argos. We have to trust that what the manufacturer claims about a product is true, and that the reviews are accurate and completed by honest, knowledgeable people.
But manufacturers claims are rarely true. If it's a mattress, how are we to know it will be as good as it says? If it's technology, how are we to know it functions as should, or does the things as well as claimed? Etc Etc Most manufacturers lie, exaggerate and will do almost anything to get you to buy their product. If you lot don't know this or can't acknowledge this then you shouldn't be on these forums.
As for reviews, first thing, not everyone who buys from Argos gets to leave a review. You are selected. And unfortunately at least half the reviews are fake or practically useless eg. 'I bought this for my partner and they loved it' , yeah so they're gonna tell your birthday gift is horrible. Granted you shouldn't take this review as anything to do with the functionality etc of the product, but, these people still get to rate it 5 stars.
I do A LOT of research before I buy anything. My family and friends come to me when they're thinking of buying anything, from a toaster to a car. No matter which star-rating reviews are left, how many well-known sites/magazines give in-depth analysis and testing, how many post-purchase honest reviews are written eg XDA, none are foolproof. None are accurate. None are fully objective. There will always be those who love the product, those who hate it, and those that shouldn't be allowed to leave a review. And I have had to take many products back as they do not operate or function anywhere near where the manufacturer has claimed. From laptops to socks.
So the FItbit was tried for two days. Not two weeks or two months. Two days. Probably enough time to try it once for an hours' exercise the first day, and half an hour the next to double check. To double check 'is it just me', to check it does all it supposed to.
IF their were display models in store, sales advisors etc, and they had been able to check the functionality and wearability, the world would be better. But we've all opted for online, and the world has changed. Consumer rights and returns policies need to also. As mentioned by other folk, if Amazon can do it, so can Argos.

Takmon

MokeyMagic28 wrote: »

There seems to be quite a lot of negativity and focus on the 'two days'. What's wrong with y'all? As we all know, we cannot try, view or handle anything physically when buying from Argos.

If you buy from the Argos shop you can ask to view an item and they have even allowed people to remove it from the packaging if asked.

MokeyMagic28 wrote: »

We have to trust that what the manufacturer claims about a product is true, and that the reviews are accurate and completed by honest, knowledgeable people.
But manufacturers claims are rarely true. If it's a mattress, how are we to know it will be as good as it says? If it's technology, how are we to know it functions as should, or does the things as well as claimed? Etc Etc Most manufacturers lie, exaggerate and will do almost anything to get you to buy their product. If you lot don't know this or can't acknowledge this then you shouldn't be on these forums.
As for reviews, first thing, not everyone who buys from Argos gets to leave a review. You are selected. And unfortunately at least half the reviews are fake or practically useless eg. 'I bought this for my partner and they loved it' , yeah so they're gonna tell your birthday gift is horrible. Granted you shouldn't take this review as anything to do with the functionality etc of the product, but, these people still get to rate it 5 stars.
I do A LOT of research before I buy anything. My family and friends come to me when they're thinking of buying anything, from a toaster to a car. No matter which star-rating reviews are left, how many well-known sites/magazines give in-depth analysis and testing, how many post-purchase honest reviews are written eg XDA, none are foolproof. None are accurate. None are fully objective. There will always be those who love the product, those who hate it, and those that shouldn't be allowed to leave a review. And I have had to take many products back as they do not operate or function anywhere near where the manufacturer has claimed. From laptops to socks.
So the FItbit was tried for two days. Not two weeks or two months. Two days. Probably enough time to try it once for an hours' exercise the first day, and half an hour the next to double check. To double check 'is it just me', to check it does all it supposed to.
IF their were display models in store, sales advisors etc, and they had been able to check the functionality and wearability, the world would be better. But we've all opted for online, and the world has changed. Consumer rights and returns policies need to also. As mentioned by other folk, if Amazon can do it, so can Argos.

There are usually independent reviews and YouTube videos for most items so you can find out a lot of information and see how they work before buying them.

If you have had to return "many" items you really aren't doing your research properly, especially for something like a laptop where there will be loads of reviews showing performance tests, temperature tests and even going as far to measure light output at different parts of the screen. They will do far more in depth testing than you would while owning it.

If your buying something like a mattress then you should really go try it in a store. But many online only mattresses give you something like a 100 night money back guarantee so you are fully covered.

Greta_Sharbo

A product not doing what has been claimed is not the same as a consumer thinking a product will be suitable for them but not being so.

And the thread is 16 months old.

bris

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?

Because they want to sugar coat to be the peoples champions. They tend to put the important stuff in the small print and the stuff they want to champion in the headlines.


Fact is as already stated what you can do in a shop isn't open it wear it for two days and then return it.


They will not take it back and if they were forced can reduce the refund by up to 100%.