Electric Blanket

Saga

I bought an electric blanket a couple of days ago online using Argos' website.  I "clicked and collected" the item from the store.  Note: I did not pay in store, but using the online checkout.

The problem is that, even on the fast-heat high setting after an hour it doesn't seem to warm as much as my old one that bought a couple of years ago (sadly Argos didn't have another of my old model on sale).  I am disappointed with the purchase, not least because it is one of the most expensive blankets they are selling, and so would rather return it and get a refund.

Argos' returns policy (https://www.argos.co.uk/help/returns-and-refunds/ ) says I can return it by 24 Jan 2021 and still fall within its 30-day return policy. However the item has to be unopened and unused. Obviously that isn't the case here (although it's not been used as in slept on) – as there is no standardised system for characterising the heat output from an electric blanket under standard conditions (cf. per unit area thermal resistance or tog), there is no way of knowing how any blanket will perform without opening and using it.

However, because I bought this online does the purchase actually come under the Consumer Contracts Regulations 2013?  If so, I should have 14 days from receipt of the goods to cancel and these statutory Regulations take precedence over the retailers terms and conditions?

Section 28 of the Regulations seems very unclear about exceptions for returns:

(3) The rights conferred by this Part cease to be available in the following circumstances—
     (a) in the case of a contract for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, if they become unsealed after delivery;

My reasoning is this: to inspect the items for suitability (in this case 'temperature'), either at the time of collection in Argos or at home, the package would have to be unzipped, connections made and the blanket plugged in and turned on. So inspecting the item requires opening the seal (zip).  So how is the reasonable person supposed to know how hot or cold the item will be without breaking the seal.  To me, I think Section 28(3)(a) applies more to sterile items or underwear which has been worn rather than plugging in an electric blanket to see how hot or cold.

Before I go to Argos, can someone confirm if I am within my rights to return the item and get a refund?

DiddyDavies

Saga said:

However, because I bought this online does the purchase actually come under the Consumer Contracts Regulations 2013?  If so, I should have 14 days from receipt of the goods to cancel and these statutory Regulations take precedence over the retailers terms and conditions?

You do have the right of return as there is no reason why the electric blanket would be exempt however, although the right of return exists, the retailer can reduce the amount of the refund to allow for the loss in value if the consumer 

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.

And to go a bit further, establishing the nature and functioning is :

(12) For the purposes of paragraph (9) handling is beyond what is necessary to establish the nature, characteristics and functioning of the goods if, in particular, it goes beyond the sort of handling that might reasonably be allowed in a shop.

And you wouldn't be able to turn on and try the blanket in store so IMO, you have gone beyond what is permitted under the regulations so Argos can reduce the refund to allow for this.
How much is a used, second hand electric blanket worth to them?

Saga

Thanks for taking the time and trouble to reply.

Surely the key characteristic of an electric blanket is its thermal output under pre-defined conditions. Such a measure would go some way to allow potential consumers to know the relative performance of what they are purchasing.  In the absence of this information how is the average reasonable consumer supposed to establish the key characteristic as well as the functioning and nature of the item without opening the zip? 

IMO I don't think opening it and testing to establish the triumvirate is going "beyond what is necessary".   If it is then basically Argos are quite within their rights to sell an electric blanket that, say, has ten heat settings and the highest setting achieves no more than 24 °C – warmer than most domestic room temperatures but hardly "warm" by the average person's standards for an electric blanket – under some pre-defined standard conditions for reproducibility and applicability, and then rake in the pounds when people try to get refunds!

DiddyDavies

Saga said:

Thanks for taking the time and trouble to reply.

Surely the key characteristic of an electric blanket is its thermal output under pre-defined conditions. Such a measure would go some way to allow potential consumers to know the relative performance of what they are purchasing.  In the absence of this information how is the average reasonable consumer supposed to establish the key characteristic as well as the functioning and nature of the item without opening the zip? 

IMO I don't think opening it and testing to establish the triumvirate is going "beyond what is necessary".   If it is then basically Argos are quite within their rights to sell an electric blanket that, say, has ten heat settings and the highest setting achieves no more than 24 °C – warmer than most domestic room temperatures but hardly "warm" by the average person's standards for an electric blanket – under some pre-defined standard conditions for reproducibility and applicability, and then rake in the pounds when people try to get refunds!

But as I pointed out, it's not only "what is necessary". It's what is necessary but only to the same degree as would reasonably be allowed in a shop and I can't think of a single shop that would allow you to unpack and turn on an electric blanket in order to test how hot it gets.
You said that it doesn't get as warm as the old one you had but this alone isn't a reason for allowing a return. It gets hot so it's working and fit for its purpose. Maybe not suitable for you personally but that doesn't matter as far as consumer rights are concerned.
Unless the advert or specifications for the blanket stated the operating temperature then there is no requirement for it to reach a specific "thermal output under pre-defined conditions" so there is no right of return for not fit for purpose and as you have IMO, gone beyond reasonable handling, no right to a full refund under the CCR's.
Argos may agree to refund you but this decision will come down to goodwill rather than a legal obligation.

unholyangel

DiddyDavies said:

Saga said:

However, because I bought this online does the purchase actually come under the Consumer Contracts Regulations 2013?  If so, I should have 14 days from receipt of the goods to cancel and these statutory Regulations take precedence over the retailers terms and conditions?

You do have the right of return as there is no reason why the electric blanket would be exempt however, although the right of return exists, the retailer can reduce the amount of the refund to allow for the loss in value if the consumer 

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.

And to go a bit further, establishing the nature and functioning is :

(12) For the purposes of paragraph (9) handling is beyond what is necessary to establish the nature, characteristics and functioning of the goods if, in particular, it goes beyond the sort of handling that might reasonably be allowed in a shop.

And you wouldn't be able to turn on and try the blanket in store so IMO, you have gone beyond what is permitted under the regulations so Argos can reduce the refund to allow for this.
How much is a used, second hand electric blanket worth to them?

You forgot this part though:

(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.

So in order to be able to make a reduction:
1) Your handling needs to go beyond what is necessary

2) That handling needs to actually diminish the value of the goods

3) The retailer complied with their obligations about information on the right to cancel, including their right to make a deduction in the circumstances we're describing now, and they must do so on a durable medium. 

If it fails on any one of those steps, they can't make a deduction. 

Now I believe (if memory serves) that argos do state in their FAQ's or somewhere, but that's not enough to satisfy their obligation to provide the information in accordance with part 2. 

theonlywayisup

Caveat - I don't know anything about electric blankets.  
Does it heat up as is says it should, or is it simply that you are comparing it to a previous purchase and it isn't as good?  Do they give a heat measure point in the instructions for the new purchase?  Does it get to that point?  

sheramber

 Might the heat be different if you are lying on it covered in blankets or a duvet. Then the heat would build up in the enclosed space.
Sufficient heat is obviously personal. We  had a dual control blanket. I used setting 5 on my half , my husband used setting 1 on his half.