Argos refuse refund because the box is opened

tightauldgit

PrinceRaygun said:

The product was not wanted and returned within about ten hours of purchase with receipt and they won't refund it because the packaging is "damaged" meaning its been opened.

Is the packaging actually damaged or has it just been opened and closed again? If it's genuinely indistinguishable from a new product then I'd probably just try again with it at a different location or at a different time as it may just have been a nit-picky member of staff. If it looks like it's been open and used then I think you may just have to accept that it can't be returned in that condition. Nothing to stop you trying though.

Jenni_D

PrinceRaygun said:

GF paid card online and click and collect

Did she pay online? (I assume yes, but it's best to confirm)

If yes then Argos cannot refuse a return - the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 apply to an online purchase. (The delivery mechanism [collect in store] matters not - what matters is when the contract was deemed to be formed).

Depending on whether they provided all the relevant details (per the regs) prior to the consumer being bound by the contract then Argos can deduct an amount from the refund based on the reduction in value caused by the consumer's handling of the goods. (And the deduction could be up to 100%, but unlikely). But they can't outright refuse a return.

the_lunatic_is_in_my_head

Jenni_D said:

PrinceRaygun said:

GF paid card online and click and collect

Did she pay online? (I assume yes, but it's best to confirm)

If yes then Argos cannot refuse a return - the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 apply to an online purchase. (The delivery mechanism [collect in store] matters not - what matters is when the contract was deemed to be formed).

Depending on whether they provided all the relevant details (per the regs) prior to the consumer being bound by the contract then Argos can deduct an amount from the refund based on the reduction in value caused by the consumer's handling of the goods. (And the deduction could be up to 100%, but unlikely). But they can't outright refuse a return.

Out of interest Argos says acceptance for Fast Track (presumably this is what they call click and collect?) takes place upon collection.

Does this affect the type of contract? @Jenni_D

Jenni_D

I think they may be trying to bend the rules using that ploy ... AFAIK if an item is ordered online and paid-for online then the delivery method is an ancillary term, so the CCRs still apply.

I wonder how @unholyangel sees this.

molerat

the_lunatic_is_in_my_head said:

Out of interest Argos says acceptance for Fast Track (presumably this is what they call click and collect?) takes place upon collection.

Does this affect the type of contract? @Jenni_D

FastTrack is same day home delivery

But order acceptance is generally on delivery / despatch / collection as that gives the retailer an opportunity to cancel the contract if an error has been made without any comeback.

I would say this is a distance sale so those rules will apply.

the_lunatic_is_in_my_head

molerat said:

the_lunatic_is_in_my_head said:

Out of interest Argos says acceptance for Fast Track (presumably this is what they call click and collect?) takes place upon collection.

Does this affect the type of contract? @Jenni_D

FastTrack is same day home delivery

But order acceptance is generally on delivery / despatch / collection as that gives the retailer an opportunity to cancel the contract if an error has been made without any comeback.

I would say this is a distance sale so those rules will apply.

Thanks @molerat so maybe it's a typo in their terms?

https://www.argos.co.uk/help/terms-and-conditions

For FastTrack and Tu clothing orders, completion of the contract between you and us will take place when the products ordered have been collected from the store.

I might be missing it but can't see any mention of acceptance for click and collect 

Norman_Castle

PrinceRaygun said:

The product was not wanted and returned within about ten hours of purchase with receipt and they won't refund it because the packaging is "damaged" meaning its been opened.

Would be interesting to see a picture of the "opened" packaging.

MattMattMattUK

Norman_Castle said:

PrinceRaygun said:

The product was not wanted and returned within about ten hours of purchase with receipt and they won't refund it because the packaging is "damaged" meaning its been opened.

Would be interesting to see a picture of the "opened" packaging.

The OP says controller, so probably either PS4 or PS5 or XBox (One or Series) controller, I have both and opening the box is just about possible if one is very careful for the PS4 or PS5 controllers, but you do need to be very careful, on the XBox controllers it is pretty much impossible. I suspect the packaging has been damaged during opening, which is why Argos are not happy to just hand over a full refund, or accept a return. 

Money_Grabber13579

molerat said:

the_lunatic_is_in_my_head said:

Out of interest Argos says acceptance for Fast Track (presumably this is what they call click and collect?) takes place upon collection.

Does this affect the type of contract? @Jenni_D

FastTrack is same day home delivery

But order acceptance is generally on delivery / despatch / collection as that gives the retailer an opportunity to cancel the contract if an error has been made without any comeback.

I would say this is a distance sale so those rules will apply.

FastTrack isn’t limited to home delivery, it’s also a collect in store service as well. It’s a reference to the speed of the service i.e. same day delivery or in store collection.

unholyangel

the_lunatic_is_in_my_head said:

molerat said:

the_lunatic_is_in_my_head said:

Out of interest Argos says acceptance for Fast Track (presumably this is what they call click and collect?) takes place upon collection.

Does this affect the type of contract? @Jenni_D

FastTrack is same day home delivery

But order acceptance is generally on delivery / despatch / collection as that gives the retailer an opportunity to cancel the contract if an error has been made without any comeback.

I would say this is a distance sale so those rules will apply.

Thanks @molerat so maybe it's a typo in their terms?

https://www.argos.co.uk/help/terms-and-conditions

For FastTrack and Tu clothing orders, completion of the contract between you and us will take place when the products ordered have been collected from the store.

I might be missing it but can't see any mention of acceptance for click and collect 

I agree, it is talking about performing rather than forming (the contract). 

Compare it to the earlier part of the same paragraph.

Acceptance of your order and the completion of the contract between you and us will take place on despatch to you of the products ordered unless your order is placed in breach of these terms and conditions and/or we have notified you that we do not accept your order or you have cancelled it 

Acceptance and completion rather than just completion. Additionally, why would the staff make goods available for collection unless the offer had already been accepted? You don't perform a contract you haven't agreed to enter.

To answer jenni_d's earlier nod, it's a distance contract if the contract is formed entirely at a distance. Doesn't matter that performance isn't at a distance, otherwise every contract for goods would be caught out when the goods were delivered to you at home. As long as acceptance takes place at a distance.