Argos watch bought but not in box; accused of stealing

LetsGoMets34

My partner had been saving for a Garmin smartwatch for months to buy themselves. They then saw the price had gone down to £300, so they purchased the watch online from Argos and then went the next day to collect it. The box was given unsealed, but my partner didn't think anything of it at the time because nothing was construed as amiss. They got home, opened the box and it was empty. Immediately, within half an hour, they went back to the Argos branch where they picked it up to report the issue; they were subsequently treated with extreme contempt and patronising language. They asked why the box wasn't sealed, and the assistant said the box does not come sealed - and that staff are not allowed to open the box so it was not checked in store. My partner insisted that this be investigated, and was simply told to write down their number and name on a receipt that was then stuffed into the employee's pocket. The manager also said that the box was "not that light" when it was given to my partner, but it's a 83 gram watch - this is not something you can really feel, and if they didn't have the watch yet, how on earth were they supposed to know that the watch might not be in the box? That isn't what you expect when you pick a purchase up, no less one for £300 worth of goods. 

The store manager said that without proof, they would not be replacing or refunding the item, and my partner was stunned. They went on to contact customer service, which the store assistant said was my partner's only option; customer service's response was to talk to the store and then pass it on to "senior resolutions team", who promised to call my partner back within 48 hours. The next morning, they went on Argos' live chat function, and they were told that no further action was going to be taken (no callback having been given) as they had checked with the store who had said the watch was "definitely in the box" when it left the store, and the manager is NOW saying that the box was sealed when it left the store, which is plainly untrue. Live chat told us to contact the top brass customer service at Sainsbury's, which operates Argos. They also called the store, who doubled down and insinuated my partner had stolen the watch. We have recorded every piece of interaction that we have had with Argos from the live chat onwards, and citizens advice gave us a template letter to send to the store to give notice that they were in breach of the purchase contract, which we have now sent. 

My partner is devastated. They may have just lost £300 of their own money because Argos will not listen, will not give them a chance to explain, and any "investigation" they have done has not approached my partner for any sort of evidence on their end about what may have happened to this watch. Argos have immediately decided to, either assume the worst of my partner and that they are trying to scam them for a refund, or simply don't care. Or both, it's clear the latter is true. 

Does anybody have any similar experiences? What did you do in the situation, or if you haven't had such experience what would be your advice? I just want to help my partner. This is all really quite horrible.

Brie

credit card chargeback?  might not work but worth a try

Aylesbury_Duck

Report it to the police and get a crime reference?  The watch has been stolen by someone.  The police won't do anything (and rightly so) but having a crime reference number might convince Argos that your partner is serious about pursuing it.  It will also probably be something a card provider will ask for if you try a chargeback.

TELLIT01

This type of issue seems to be becoming more and more common, particularly with home delivery items.  I've seen many post from people saying that empty boxes have been received and the vendor refusing to do anything about it.  I don't think it likely that all people posting their experience are trying to scam the vendor. 

I don't know if there is any point in speaking to police on the matter.  They might give a crime number which may help in any form of chargeback attempt.

Gavin83

LetsGoMets34 said:

My partner had been saving for a Garmin smartwatch for months to buy themselves. They then saw the price had gone down to £300, so they purchased the watch online from Argos and then went the next day to collect it. The box was given unsealed, but my partner didn't think anything of it at the time because nothing was construed as amiss. They got home, opened the box and it was empty. Immediately, within half an hour, they went back to the Argos branch where they picked it up to report the issue; they were subsequently treated with extreme contempt and patronising language. They asked why the box wasn't sealed, and the assistant said the box does not come sealed - and that staff are not allowed to open the box so it was not checked in store. My partner insisted that this be investigated, and was simply told to write down their number and name on a receipt that was then stuffed into the employee's pocket. The manager also said that the box was "not that light" when it was given to my partner, but it's a 83 gram watch - this is not something you can really feel, and if they didn't have the watch yet, how on earth were they supposed to know that the watch might not be in the box? That isn't what you expect when you pick a purchase up, no less one for £300 worth of goods. 

The store manager said that without proof, they would not be replacing or refunding the item, and my partner was stunned. They went on to contact customer service, which the store assistant said was my partner's only option; customer service's response was to talk to the store and then pass it on to "senior resolutions team", who promised to call my partner back within 48 hours. The next morning, they went on Argos' live chat function, and they were told that no further action was going to be taken (no callback having been given) as they had checked with the store who had said the watch was "definitely in the box" when it left the store, and the manager is NOW saying that the box was sealed when it left the store, which is plainly untrue. Live chat told us to contact the top brass customer service at Sainsbury's, which operates Argos. They also called the store, who doubled down and insinuated my partner had stolen the watch. We have recorded every piece of interaction that we have had with Argos from the live chat onwards, and citizens advice gave us a template letter to send to the store to give notice that they were in breach of the purchase contract, which we have now sent. 

My partner is devastated. They may have just lost £300 of their own money because Argos will not listen, will not give them a chance to explain, and any "investigation" they have done has not approached my partner for any sort of evidence on their end about what may have happened to this watch. Argos have immediately decided to, either assume the worst of my partner and that they are trying to scam them for a refund, or simply don't care. Or both, it's clear the latter is true. 

Does anybody have any similar experiences? What did you do in the situation, or if you haven't had such experience what would be your advice? I just want to help my partner. This is all really quite horrible.

What evidence does your partner have because that might help their case.

RichardD1970

We had a similar issue years ago. Turns out the assistant had given us the box for the display watch.

DanDare999

Aylesbury_Duck said:

Report it to the police and get a crime reference?  The watch has been stolen by someone.  The police won't do anything (and rightly so) but having a crime reference number might convince Argos that your partner is serious about pursuing it.  It will also probably be something a card provider will ask for if you try a chargeback.

Why do you think the OP's partner is entitled to a crime number? If it was stolen from them then it must have taken possession of the watch.

If it's been stolen in store and before they bought the empty box then that's a matter between Argos and the police. 

diystarter7

OP

Around 50 years ago my dad bought from either Dixons or Woolworths a taperecord reel a BSAF or something like that it was quality taperecorder and he bought quality. Those days the pacaking was heavy and study and not sealed like things are today. He got home and next day wen to use the nw reel and there was not one in there - took it back and they gave him one.

It will be difficult or near impossible to prove that the watch was not in there - I feel for you two and I'm not sure what the answer is unless the crook condfessess caught on cctv


What happened to your OH, ie not noting open/unsealed it happens to the best of use - I'm with you guys, good luck.


Ps - just a thought - I'm guesing are not sold by the dozen daily, so tell them to check how many returns they had and what happend to those returns as it could be someone returned it and though this does not prove anything, it may make them think twice re if to give your money back/etc (I can see their side as well as yours and a lesson for all of us, check items carefully especially expensive ones but I note what you OH asked and was told)

diystarter7

OP
A thought, challenge them to call the cops and prove your OH stole it as you have nothing to fear and everything to gain as I would do theat if it happened to me. Though they would not, I'd tell the cops to search our house and look at everything.
What do you and others think about this recommendation?

diystarter7

Brie said:

credit card chargeback?  might not work but worth a try

I think the OP is just as concerned re principle of this and the OH being seen as a crook. Personally, I'd want the retailer to sort it out.
As I said before, I can see both sides stance

DanDare999

diystarter7 said:

OP
A thought, challenge them to call the cops and prove your OH stole it as you have nothing to fear and everything to gain as I would do theat if it happened to me. Though they would not, I'd tell the cops to search our house and look at everything.
What do you and others think about this recommendation?

I think the Police's money is better spent elsewhere for the sake of everybody's taxes.