Argos Refund Issue

amoladakasth

Hello all,
My partner purchased a set of saucepans from Argos online, with her Nectar points, for collection in store.  We no longer wanted the set, so my partner entered the store for a refund, but they wouldn't refund to Nectar, only offering an Argos credit voucher, which my partner accepted under protest, as the store was closing (Sunday 16th Jan.).  My partner was also told that if she wanted the Nectar points credited, then she would need to take this up with Nectar!
On Monday I contacted Argos CS via live chat with the porposition that the refund had left my partner in a worse position, as she can now only use this card at Argos.  The CS agent agreed and told me that there was no reason why the store couldn't have refunded the Nectar points, and advised us to return to the store.  I pointed out that this is a 16miles round trip, so how would they reimburse me for this, and I was told to take this up with a store colleague.
QUESTIONS:-
(a) Is my partner entitled to a refund of the Nectar points and is this covered by the Sale and Supply of Goods Act etc;
(b) We shall have made two trips to the store, 32miles plus time, is it reasonable of me to expect them to give us say, a tenner, in goodwill for this?
Thank you.
Andrew.

amoladakasth

*....with the PROPOSITION..."
I did proof read the post before submitting too lol....

k3lvc

We no longer wanted the set, so my partner entered the store for a refund

I'm sure others will be along to answer the 'rights' issue but you may well fall down on the above point - their offer to refund for change of mind is over and above any statutory rights you have and therefore they can set the terms for it.

Whilst you may manage to get them to refund to Nectar I can't imagine you getting anywhere with compensation/travel costs

the_lunatic_is_in_my_head

I'm assuming paid online with Nectar points means a distance contract which you were cancelling so 

https://www.legislation.gov.uk/uksi/2013/3134/regulation/34

Reimbursement by trader in the event of withdrawal or cancellation
(7) The trader must make the reimbursement using the same means of payment as the consumer used for the initial transaction, unless the consumer has expressly agreed otherwise.

Costs for returning to store would be damages but they are so small it's unlikely to be enforceable if they don't offer any goodwill. 

They may argue you used their return policy so the legislation doesn't apply but their company policy does instead, they may argue you agreed to accept the refund by other means. Also the store may say CS are incorrect and they still can't refund back to Nectar.  

Sadly big company + decent service doesn't always happen  

Aylesbury_Duck

amoladakasth said:

Hello all,
My partner purchased a set of saucepans from Argos online, with her Nectar points, for collection in store.  We no longer wanted the set, so my partner entered the store for a refund, but they wouldn't refund to Nectar, only offering an Argos credit voucher, which my partner accepted under protest, as the store was closing (Sunday 16th Jan.).  My partner was also told that if she wanted the Nectar points credited, then she would need to take this up with Nectar!
On Monday I contacted Argos CS via live chat with the porposition that the refund had left my partner in a worse position, as she can now only use this card at Argos.  The CS agent agreed and told me that there was no reason why the store couldn't have refunded the Nectar points, and advised us to return to the store.  I pointed out that this is a 16miles round trip, so how would they reimburse me for this, and I was told to take this up with a store colleague.
QUESTIONS:-
(a) Is my partner entitled to a refund of the Nectar points and is this covered by the Sale and Supply of Goods Act etc;
(b) We shall have made two trips to the store, 32miles plus time, is it reasonable of me to expect them to give us say, a tenner, in goodwill for this?
Thank you.
Andrew.

a. Depends on the terms and conditions of the Nectar scheme, and whether Argos have the facility to refund to Nectar.  Credit may be a perfectly lawful substitute.

b. No.  She ordered online, chose to collect in store and then chose to return the items.  Argos aren't obliged to pay consequential costs, and I can't see what goodwill they owe her - she changed her mind.  One of the people who've advised her is wrong, but looking for a tenner in response to a situation of your own creation seems a little grasping.

Edited to add:  Argos have this covered on their web page:  "We’ll refund the Nectar portion of your payment as an Argos Gift Card (as we’re not able to refund your Nectar points)."  So no need to make that other trip, and no costs incurred (other than the original trips, which were her choice). 

amoladakasth

I should add that the set was at store waiting for collection, my partner should have just left it there as, looking at Argos T&C's, it would have been refunded automatically if not collected after 7 days.
We'd purchased the same set from ASDA for 1/2 the price, as it was on Blue Light Card discount.
There's an old adage "act in haste, repent at leisure', I think that applies here.

the_lunatic_is_in_my_head

Aylesbury_Duck said:

amoladakasth said:

Hello all,
My partner purchased a set of saucepans from Argos online, with her Nectar points, for collection in store.  We no longer wanted the set, so my partner entered the store for a refund, but they wouldn't refund to Nectar, only offering an Argos credit voucher, which my partner accepted under protest, as the store was closing (Sunday 16th Jan.).  My partner was also told that if she wanted the Nectar points credited, then she would need to take this up with Nectar!
On Monday I contacted Argos CS via live chat with the porposition that the refund had left my partner in a worse position, as she can now only use this card at Argos.  The CS agent agreed and told me that there was no reason why the store couldn't have refunded the Nectar points, and advised us to return to the store.  I pointed out that this is a 16miles round trip, so how would they reimburse me for this, and I was told to take this up with a store colleague.
QUESTIONS:-
(a) Is my partner entitled to a refund of the Nectar points and is this covered by the Sale and Supply of Goods Act etc;
(b) We shall have made two trips to the store, 32miles plus time, is it reasonable of me to expect them to give us say, a tenner, in goodwill for this?
Thank you.
Andrew.

a. Depends on the terms and conditions of the Nectar scheme, and whether Argos have the facility to refund to Nectar.  Credit may be a perfectly lawful substitute.

b. No.  She ordered online, chose to collect in store and then chose to return the items.  Argos aren't obliged to pay consequential costs, and I can't see what goodwill they owe her - she changed her mind.  One of the people who've advised her is wrong, but looking for a tenner in response to a situation of your own creation seems a little grasping.

Edited to add:  Argos have this covered on their web page:  "We’ll refund the Nectar portion of your payment as an Argos Gift Card (as we’re not able to refund your Nectar points)."  So no need to make that other trip, and no costs incurred (other than the original trips, which were her choice). 

Again assuming a distance contract, if they gave you this information via a durable medium then I believe it's an express term to which you've agreed to, if they didn't give this in durable medium for a distance contract then I don't think they are complying with providing:

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

and as such there wouldn't have been a term presented for you to agree to. 

jon81uk

amoladakasth said:

I should add that the set was at store waiting for collection, my partner should have just left it there as, looking at Argos T&C's, it would have been refunded automatically if not collected after 7 days.
We'd purchased the same set from ASDA for 1/2 the price, as it was on Blue Light Card discount.
There's an old adage "act in haste, repent at leisure', I think that applies here.

Well if the reason for the return is just that you found cheaper elsewhere, not that you inspected them and found they didn't meet your needs then you need to consider if the costs of returning the items was more than you have saved by going to Asda.
Also as above the fact that Nectar points can only be refunded to a gift card should have been considered before you decided to go to Asda instead.

amoladakasth

Thanks to the_lunatic_is_in_my_head, good advice, averted me from a futile act of defiance in the Argos store later....

Manxman_in_exile

Yeah - but sometimes futile acts of defiance instore can make you feel a lot better!    

Just don't try it at the Travelodge in Aberdeen...    

Ergates

the_lunatic_is_in_my_head said:

Aylesbury_Duck said:

amoladakasth said:

Hello all,
My partner purchased a set of saucepans from Argos online, with her Nectar points, for collection in store.  We no longer wanted the set, so my partner entered the store for a refund, but they wouldn't refund to Nectar, only offering an Argos credit voucher, which my partner accepted under protest, as the store was closing (Sunday 16th Jan.).  My partner was also told that if she wanted the Nectar points credited, then she would need to take this up with Nectar!
On Monday I contacted Argos CS via live chat with the porposition that the refund had left my partner in a worse position, as she can now only use this card at Argos.  The CS agent agreed and told me that there was no reason why the store couldn't have refunded the Nectar points, and advised us to return to the store.  I pointed out that this is a 16miles round trip, so how would they reimburse me for this, and I was told to take this up with a store colleague.
QUESTIONS:-
(a) Is my partner entitled to a refund of the Nectar points and is this covered by the Sale and Supply of Goods Act etc;
(b) We shall have made two trips to the store, 32miles plus time, is it reasonable of me to expect them to give us say, a tenner, in goodwill for this?
Thank you.
Andrew.

a. Depends on the terms and conditions of the Nectar scheme, and whether Argos have the facility to refund to Nectar.  Credit may be a perfectly lawful substitute.

b. No.  She ordered online, chose to collect in store and then chose to return the items.  Argos aren't obliged to pay consequential costs, and I can't see what goodwill they owe her - she changed her mind.  One of the people who've advised her is wrong, but looking for a tenner in response to a situation of your own creation seems a little grasping.

Edited to add:  Argos have this covered on their web page:  "We’ll refund the Nectar portion of your payment as an Argos Gift Card (as we’re not able to refund your Nectar points)."  So no need to make that other trip, and no costs incurred (other than the original trips, which were her choice). 

Again assuming a distance contract, if they gave you this information via a durable medium then I believe it's an express term to which you've agreed to, if they didn't give this in durable medium for a distance contract then I don't think they are complying with providing:

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

and as such there wouldn't have been a term presented for you to agree to. 

If, as they claim, Argos aren't able to refund in the form of Nectar points then them being violation of regs isn't going to change that though.