Argos breaking consumer rights act

user1977

Undervalued said:

Buying in a catalogue shop like Argos is surely more like buying online / distance selling / click and collect?

There's nothing fundamentally different from buying a telly in e.g. Curry's, where the item you buy is one they've just fetched from the stockroom.

Undervalued

user1977 said:

Undervalued said:

Buying in a catalogue shop like Argos is surely more like buying online / distance selling / click and collect?

There's nothing fundamentally different from buying a telly in e.g. Curry's, where the item you buy is one they've just fetched from the stockroom.

Yes there is because there will generally be a display model out for you to view or, if not, they will normally open the box on request for you to inspect. If they refuse to do that then you would be in the same position as Argos.

I though there was case law to support this but I may be wrong.

neilmcl

Undervalued said:

Just a moment guys (but please tell why if I am wrong).....

Buying in a catalogue shop like Argos is surely more like buying online / distance selling / click and collect?

Did the OP have an opportunity to inspect the goods in store if he had wanted to? Or, was his only option to fill in the catalogue number and collect a sealed package?

If the latter then surely he has the same rights as buying online which is to reasonably inspect the goods when he gets home (to the extent that he could in a normal retail shop) and return them for a refund if he is unhappy?

Not being able to inspect an item instore is not he same as concluding a contract at a distance. The CCRs do not apply to goods purchased in store at Argos or any other similar type of store.

user1977

Undervalued said:

user1977 said:

Undervalued said:

Buying in a catalogue shop like Argos is surely more like buying online / distance selling / click and collect?

There's nothing fundamentally different from buying a telly in e.g. Curry's, where the item you buy is one they've just fetched from the stockroom.

they will normally open the box on request for you to inspect.

But in practice, do they? They probably don't want to end up with an unsealed item any more than Argos does. You don't get any additional consumer rights if you haven't been able to nose around inside the box.

Aylesbury_Duck

neilmcl said:

Undervalued said:

Just a moment guys (but please tell why if I am wrong).....

Buying in a catalogue shop like Argos is surely more like buying online / distance selling / click and collect?

Did the OP have an opportunity to inspect the goods in store if he had wanted to? Or, was his only option to fill in the catalogue number and collect a sealed package?

If the latter then surely he has the same rights as buying online which is to reasonably inspect the goods when he gets home (to the extent that he could in a normal retail shop) and return them for a refund if he is unhappy?

Not being able to inspect an item instore is not he same as concluding a contract at a distance. The CCRs do not apply to goods purchased in store at Argos or any other similar type of store.

Presumably because in Argos, you do have an opportunity to inspect the goods before purchase.  I've always been able to when I've asked.

JJ_Egan

As above and examined multiple times over the years .

Manxman_in_exile

Undervalued said:

Just a moment guys (but please tell why if I am wrong).....

Buying in a catalogue shop like Argos is surely more like buying online / distance selling / click and collect?

...

Not according to the legislation.  s5 of the Consumer Contracts Regulations (2013) gives definitions of "distance" and "off-premises" contracts - I don't think the words online or mail order or by telephone are specifically mentioned anywhere in the legislation:

“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;

“off-premises contract” means a contract between a trader and a consumer which is any of these—

(a)  a contract concluded in the simultaneous physical presence of the trader and the consumer, in a place which is not the business premises of the trader;

(b)  a contract for which an offer was made by the consumer in the simultaneous physical presence of the trader and the consumer, in a place which is not the business premises of the trader;

(c)  a contract concluded on the business premises of the trader or through any means of distance communication immediately after the consumer was personally and individually addressed in a place which is not the business premises of the trader in the simultaneous physical presence of the trader and the consumer;

(d)  a contract concluded during an excursion organised by the trader with the aim or effect of promoting and selling goods or services to the consumer;

I don't think buying from an Argos shop qualifies.

sheramber

If you use click and collect but pay instore t rather than paying online, then that is not distance selling so ordering instore from a catalogue and paying instore would follow the same principle.

GeordieGeorge

Undervalued said:

Just a moment guys (but please tell why if I am wrong).....

Buying in a catalogue shop like Argos is surely more like buying online / distance selling / click and collect?

Did the OP have an opportunity to inspect the goods in store if he had wanted to? Or, was his only option to fill in the catalogue number and collect a sealed package?

If the latter then surely he has the same rights as buying online which is to reasonably inspect the goods when he gets home (to the extent that he could in a normal retail shop) and return them for a refund if he is unhappy?

No, it’s nothing like distance selling. The OP could have opened the box in the shop and measured the TV if they wanted, but that’s neither here nor there, the legislation doesn’t say “distance selling, or Argos.”