Frustrating ARGOS 30 Days return issue (Computer monitor)

Gorecki

Hi,

2 days ago I bought a 27inch computer monitor from Argos online, payed online and picked up in an Argos shop.
I took it home, opened it carefully and turned it on.

The quality of the display (despite the Argos description) is pretty bad, but I doubt "faulty".
Further research suggests for a monitor that size you should get one capable of higher resolutions, which might be part of the problem, but fundamentally it's a bad product.

I carefully repackaged it and went back to the store to return it under their 30 day guarantee (ideally exchange it to by the more expensive, identical but higher resolution model they had in stock) and was told "No as it was used".

I was surprised as surely under distance selling I could return it regardless of their policy, but they were adamant that by turning it on, it was used and I could no longer return or exchange it.
I rang their customer services line twice to check this and both agents were very clear I couldn't return it (one actually suggested I buy from Amazon in future).
They suggested distance selling might not apply as technically I could have got Argos to open the box when I picked it up so I could look at it, but I pointed out it was a monitor so there was no way for me to check the quality of it in the shop before I got it home as it needs to be attached to a computer.

I'm a bit confused (and annoyed at Argos) as surely this is the whole point of distance selling regulations as there's no way for me to see if the product quality matches with their advert before I turn it on.

Does anyone know whether I'm in the right or Argos here and (if it's me), is there anything I can do?
I've tried the store, and two calls to customer services with no luck (I asked if there was anyone else I could speak to about this and they said no).

It's annoying as I've tried to avoid using Amazon for ethical reasons, but this is clearly why people do it.

Thanks for any advice.

Jenni_D

Nope, Argos are wrong. Order online, pay online, collect in store = Click and Collect = CCRs apply. (Both parties became bound to the contract via totally distance means. All that differed was the delivery portion, but by that time you were both bound to the contract). Whilst they may be able to deny you the right to return under their own policy, they cannot deny you your legal right to return under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 for change of mind.

That said, the CCRs do allow* them to deduct an amount from a refund (up to 100%) to cover the loss of value of the goods based on your handling of them.

* Provided that they sent you your cancellation writes in writing (email is OK, link to a website in an email is not). Check your order confirmation or other emails they sent you, and also for any information as to when it is deemed that a contract has been formed. If they didn't send you the cancellation details then they cannot legally deduct anything.

powerful_Rogue

Let me guess, 1080 @ 27 inch? I made the same mistake. Luckily it was with Amazon so picked up and refunded. Purchased a much higher res monitor.

Thing is, you want to return this under your consumer rights, not the Argos 30 day return policy. Did you make that clear?

Gorecki

Thanks Jenni, but what can I actually do about it?
I've rung their customer services twice and both times they've refused to accept a return as it's "used" and hence against their policy", despite me mentioning the distance selling act.

Without being rude, I was quite forceful, pointing out that, whilst I understand why they'd prefer not to accept a return, they can't just decide to ignore legislation for this, but they said no.

Thanks for your reply.

photome

take it back and say you have changed your mind  if asked did you turn it on ?...well.....although you may have missed the boat

powerful_Rogue

Gorecki said:

Thanks Jenni, but what can I actually do about it?
I've rung their customer services twice and both times they've refused to accept a return as it's "used" and hence against their policy", despite me mentioning the distance selling act.

Without being rude, I was quite forceful, pointing out that, whilst I understand why they'd prefer not to accept a return, they can't just decide to ignore legislation for this, but they said no.

Thanks for your reply.

Don't mention the 'distance selling act'  - It's the Consumer Contracts Regulations. Make a complaint to Argos online so you have a record.

Mention this which is on their webiste

What are my Consumer Contract Regulation rights?

The Consumer Contracts Regulations 2013 offers you cancellation rights when you buy by distance, for example online or by post.

The Regulations state you may cancel your order provided you exercise your right to do so within 14 days. The 14 days starts the day after the date of delivery. The Regulations also state that goods must be returned within 14 days of exercise of your cancellation rights. Our returns policy simplifies this to require returns within 30 days of collection or delivery.

The Regulations don’t apply to all goods. It’s not possible to return goods which are liable to deteriorate or expire rapidly; goods which are made to your specification or clearly personalised; goods sealed for health protection or hygiene reasons (if unsealed); audio, video recordings or computer software (if unsealed).

If you wish to exercise the right to cancel, you must tell us by using a clear statement. We accept return of goods to our stores within 30 days or, where goods have been delivered, please contact us within 30 days. Returns are at your cost except where we state otherwise. You’re required to take reasonable care of the goods until they’re returned. We’ll refund you using the payment card used at purchase within 5-7 days of our receipt of the goods. We’ll refund any standard outbound delivery charge provided all goods are returned.

We may deduct from any refund an amount to reflect the loss in value of the goods as a result of any unnecessary handling by you.

Your statutory rights are not affected.

https://www.argos.co.uk/help/faq/72678?search=can-I-still-return-an-item

Gorecki

Wow...

Ok so I spoke to the store and customer services and think I'm going to have to give up with this...

I pointed out the CCR item on their website above and made the statement that I wanted to return it under my 14 day rights and they refused as it was "used" because I'd turned it on...

I pointed out there was no way of me seeing what the product was before I turned it on, there's no mention of me not allowing to turn monitors on etc etc but absolutely no give. 
I pointed out everything I knew about the law, that they HAVE to accept refunds unless it's a specific item (perishable, personalised etc) and that I think she's missunderstanding "used" and it's irrelevant what her policy states, but no luck.

Incredibly frustrating, I've never had a store just refuse to follow the law before with no recourse.
I think I have to just chalk this up to a £159 lesson never to buy from Argos again (but I will send a complaint letter to head office just incase)

powerful_Rogue

Gorecki said:

Wow...

Ok so I spoke to the store and customer services and think I'm going to have to give up with this...

I pointed out the CCR item on their website above and made the statement that I wanted to return it under my 14 day rights and they refused as it was "used" because I'd turned it on...

I pointed out there was no way of me seeing what the product was before I turned it on, there's no mention of me not allowing to turn monitors on etc etc but absolutely no give. 
I pointed out everything I knew about the law, that they HAVE to accept refunds unless it's a specific item (perishable, personalised etc) and that I think she's missunderstanding "used" and it's irrelevant what her policy states, but no luck.

Incredibly frustrating, I've never had a store just refuse to follow the law before with no recourse.
I think I have to just chalk this up to a £159 lesson never to buy from Argos again (but I will send a complaint letter to head office just incase)

Again, follow the online complaints process. It will make it's way to someone that knows the difference between the CCR's and store policy.

You are 100% in the right here, don't give up and waste money on a monitor that is no good. We are here to help.

the_lunatic_is_in_my_head

If you Google CEO email and search that site for Argos and Sainsburys (who own Argos) you email a higher level of customer facing staff. Send to one company and cc the other company.

Worth a look on your local council website to see if they have an email address for trading standards. If not you could Google the name of your council and trading standards you might find something like meeting minutes or similar with a contact email. Anything you can find is worth cc’ing into the email to Argos.

They are point black denying you your rights and it’s not acceptable. 

Manxman_in_exile

Don't give up!

The legislation you need to quote to them is contained in s28 - 34 of The Consumer Contract (Information, Cancellation and Additional Charges)Regulations 2013, here:  The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (legislation.gov.uk)

Basically you can cancel a distance purchase within 14 days of receipt of the goods for a full refund.  The retailer can deduct an amount of money (up to 100%) from that refund only if you have handled (ie used) the goods more than is necessary  "... to establish the nature, characteristics and functioning of the goods... ".  (s34 of the Regulations)

I would argue that if all you have done is turned the monitor on and tried it out to see what it is like, then you have not handled it beyond what is necessary to establish the characteristics and functioning of the monitor.   Plus you would also expect to see it turned on and in use in a shop before you decided to buy it, so if you only turned it on to see how good it looked, you should be OK.

As others have said, remind them that you are cancelling the contract and returning the goods under the above legislation, NOT under their own returns policy.

[EDIT:  if you send a letter of complaint to Argos HQ pointing the above out, I'd be surprised if they didn't give you your money back straight away.  But I'd try speaking to customer services one more time.  Quote the above regulations to them.]

You aren't just complaining to the store where you collected it from, are you?  I don't think that technically you bought it from the store if you bought online.  In-store staff may not know about the rules around cancelling distance sales.

If you paid by credit card, do a s75 claim.  Tell them to make a s75 claim and not to do a chargeback.

Gorecki

The thing is (bizarrely) they don't appear to have a complaints procedure as such!

Their website Help & FAQs - How do I make a complaint to Argos? lists customer services and they confirmed to me they were the complaints department but had no ability to override a store's decision.

Frustratingly, the website also gives a list of alternative dispute resolution contacts, but then says:
"We don’t currently subscribe to an alternative dispute resolution (ADR) scheme as we’re confident we will always attempt to resolve any complaint professionally and courteously."

It's just so odd... I hate making a fuss like this/don't count myself as a bad customer and have shopped with Argos for years never having to return something. Just never expected they'd be like this when you actually try to, thought they'd be much better than purely online retailers :-(

Will send my letter to the head office postal address and hope it doesn't get lost somewhere!