Are Argos legally allowed to do this

Mishomeister

Just over a year ago I have bought some faulty item from Argos using Love2shop vouchers.
I have bought it in the shop.
After quiet a bit of a fight with them dragging their feet I was finally given a refund for it, however I was told that it has to be in Argos vouchers.


A couple of months ago I have also bought something else from Argos store using Nectar points.


Again I was told that the points are deducted in multiples of £5 so I was given a change of just over a pound but again I was told it can only be in Argos vouchers.


Are they legally allowed to do this?


I remember reading somewhere that the refund has to be made in exactly the same way as the initial payment was made?

DoaM

If you bought by vouchers then any refund goes back to the same method. If they're unable to supply L2S vouchers now (and I'm pretty sure they don't credit Nectar points any more, so that mechanism won't be available) then the only option is Argos vouchers. You are not entitled to a refund in cash/bank transfer, and if they physically can't refund to the exact method of payment then what do you expect them to do?

Mishomeister

If they can not refund in exactly the same vouchers why is it my problem? Why is it them to chose the alternative refund method especially the one that limits me to buying from them.

DoaM

You can suggest an alternative (that they can supply) - ultimately you can't force them. Your best bet is to complain to Head Office.

iammumtoone

L2S vouchers can be used in a lot of places but once you decide, you can't change your mind.


Think of it like you exchanged your L2S voucher for an Argos one, then when buying from Argos with a Argos voucher you are only entitled to a voucher as refund.


Its one of the problems with vouchers, I don't know why people keep giving them out as presents, considering it costs the same, giving money is a lot better for the recipient.

timmy963

After 30 days of purchase you are at the mercy of the retailer of how they want to remedy the situation. If it was within 30 days then you would probably have to claim damages if you wanted it back on the exact same payment method.

I can't seem to find the terms and conditions for the vouchers, but the love2shop card terms say refunds may be put back on the retailer's own vouchers.

At Argos you can redeem your Nectar points in multiples of £2.50 and can only give up to £1.00 of change, anything higher and it all goes onto a gift card. As it is part of the terms and conditions of using the card in that retailer then it is allowed.

unholyangel

No, you don't have to accept argos vouchers.

(9)The consumer's entitlement to receive a refund works as follows.
(10)To the extent that the consumer paid money under the contract, the consumer is entitled to receive back the same amount of money.
(11)To the extent that the consumer transferred anything else under the contract, the consumer is entitled to receive back the same amount of what the consumer transferred, unless subsection (12) applies.
(12)To the extent that the consumer transferred under the contract something for which the same amount of the same thing cannot be substituted, the consumer is entitled to receive back in its original state whatever the consumer transferred.

(16)If the consumer paid money under the contract, the trader must give the refund using the same means of payment as the consumer used, unless the consumer expressly agrees otherwise.

(19)It may be open to a consumer to claim damages where there is no entitlement to receive a refund, or because of the limits of the entitlement, or instead of a refund.

and the explanatory notes provide:

114.If money was not used to pay for the goods, under subsections (11) and (12), the consumer is not entitled to money back but the “refund” would be a return of whatever the consumer gave in exchange for the goods (see examples below). If this cannot be returned to the consumer due to the nature of the exchange, then, under subsection (18) and (19), the consumer may not demand a refund but may pursue a damages claim. The consumer still has a “right to reject” (that is, to reject the goods and treat the contract as at an end) in this situation, but the means of obtaining money back is different. Examples of situations where these subsections may apply include:

A toy “bought” with vouchers collected from cereal packets. In this case it would be possible to return equivalent vouchers (even though they would not necessarily be the actual vouchers that the consumer cut out) and a “refund” could therefore take that form under subsection (11).

A microwave supplied to the consumer by a trader specialising in refurbishment of white-goods, in exchange for the consumer’s old fridge-freezer. In this case, if the fridge-freezer was still available in an unchanged state, then this could be returned to the consumer as a “refund” under subsection (12), but if it was no longer available, or had been refurbished, then a refund would not be possible.

So if they can't supply l2s vouchers to the same value, then you have a claim for damages.

timmy963

unholyangel wrote: »

So if they can't supply l2s vouchers to the same value, then you have a claim for damages.

They can at their discretion give their own vouchers if the goods became faulty after 30 days of purchase.

OP doesn't make it clear on how long they had the faulty item for.

unholyangel

timmy963 wrote: »

They can at their discretion give their own vouchers if the goods became faulty after 30 days of purchase.

OP doesn't make it clear on how long they had the faulty item for.

If the goods don't conform to contract then the part I quoted above applies (not just to the short term right to reject which is 30 days but also to the final right to reject), as do others - such as the right to claim damages instead of or in addition to any of the rights specifically conferred by the consumer rights act (although still not allowing double recovery). If the goods do conform but they agree to their return anyway....then they can insist on store vouchers.

dreamypuma

Hi, I'm in a similar situation with Argos. Bought goods yesterday, discovered item was faulty. Returned item within 24hrs. After a firm but polite exchange instore I was given Argos vouchers and the contact details for Head Office.

So far I have contacted Argos via Twitter, asking how this meets with their statutory obligations under Consumer Rights Act section 20, and await a response.

Did anyone else get a conclusion on their situation?

Missmarie

You bought something that was faulty and you asked for a refund?

Why not just get a new or replacement?

You have dragged a thread up from February to post a half story.

Of course what the method you paid by dictates the way Argos refund you.

We are not mind readers on here.