Returning an opened but unused Laptop to Argos that I bought online 9 January at 2:42PM in Consumer rights 32 replies 1.9K views

Manxman_in_exile

oestcote said:

Hi all, thanks for your feedback. 

Have followed up with Argos and they are still refusing to refund the product. They are claiming it isn't covered by the the Consumer Contract Regulations and 14-Day grace period because, while it was an online purchase, it was collected in-store via click and collect instead of home delivery.

So, in-store said no. Phone team said no. Social media team said no. Final option is via email. Wish me luck.

 

So long as only distance methods of communication have been used up to the point in time at which the contract was "concluded", it's a distance contract under the CCRs, and you are entitled to cancel it within 14 days.

The definition of a distance contract is contained in reg 5 of The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (legislation.gov.uk)

“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

I think most sensible people would consider that in the case of a click and collect purchase that the contract has been concluded when you have paid and have received notification to pick up the item, long before you've actually collected it.

But no doubt Argos will argue that the contract isn't concluded until you've collected it.

Who blinks first...

Appliance_engineer

Undervalued said:

DullGreyGuy said:

MalMonroe said:

macman said:

Why didn't you physically examine the same model in a 'real shop' before purchasing through Argos? It's like buying a car without road testing it.
CCR does certainly give you the right to return it, but you could have avoided the hassle.

That's great but your comment is ableist in that it discounts those who are unable to get out and about and visit 'real shops' - for whatever reason.

Being able to buy online can be a great lifeline for those who cannot physically get out and about. In a perfect world, yes, maybe that would make sense but it's not a perfect world and online shopping has safeguards so that people who have to buy online don't have to visit shops in person.

I realise that the OP was able to go and collect the laptop after purchasing online but many others don't have that luxury. Also buying a car without road testing it is something that a lot of people have to do, unfortunately.  

Please spare a thought for those who can't easily get out and about. 

Part of the issue however may also be that the OP has decided to return it to store rather than follow an online returns process. In store staff are presumably much more used to dealing with in store purchases for which there are different statutory rights and potentially also a different returns policy.

Given we know the OP has visited the store twice out of their own free will rather than necessity its rather inappropriate to raise the "ist" flag 

I suspect they'd have less issues following the online return process than taking it to store. 

Quite.

Yes there are additional consumer rights / safeguards that come with an online / distance purchase. By and large that is a good thing. However all too often they are abused (although I am not suggesting that has happened in this thread) and ultimately we all end up paying.

Camera dealers are an example who suffer badly from this, especially with high end lenses costing, in many cases, thousands of pounds. They are frequently "bought", used for a few days and returned. All too often that is for commercial work when technically the consumer laws don't apply. However as most photographers are sole traders, operating in their own name, plus the fact that more high end gear is actually bought by enthusiasts than professionals it is almost unpoliceable.

In the seventies, my Sister got a record player from Argos for a party, then returned it for a refund the next day.