I need help getting a refund from Argos with PC

pepsik

I am not getting anywhere the lunatic is in my head they just keep saying the tape is a security seal if you coud help me write a letter I would be so grateful 

pushpull

pepsik said:

Thank you for your responses they have just said as the box is opened they cannot/willnot help it just needs a bit of HP tape so I am at a loss

I think you'd be understandably miffed if you received a customer return when you bought a supposedly brand new product, doubly so if they'd attempted to make it look "like new" using manufacturer tape.

Some might even argue that it was fraud.

Argos will have to take this on the chin, but it's certainly not as easy as trying to make it look like a new product so they can resell at full whack.

Money_Grabber13579

I wonder are Argos taking the view that because you couldn’t open the box to examine the laptop in store, you can’t do it at home either? Argos don’t tend to have display products so if they take the view that you can only do at home what you would be able to do in store, that might be where their view comes from. I’m not sure that this is exactly what the legislation says though and in any event, I think they have to accept the return, albeit the refund might be reduced to account for the additional handling.

HillStreetBlues

Money_Grabber13579 said:

I wonder are Argos taking the view that because you couldn’t open the box to examine the laptop in store, you can’t do it at home either? Argos don’t tend to have display products so if they take the view that you can only do at home what you would be able to do in store, that might be where their view comes from. I’m not sure that this is exactly what the legislation says though and in any event, I think they have to accept the return, albeit the refund might be reduced to account for the additional handling.

If Argos doesn't like the off premises sales law then it  needs to change it's methodology of selling.
It can't ignore Statute just because they might not agree with it.

MeteredOut

pepsik Did you only break the tape seals from the box or was it further unboxed? eg, were any cable ties removed, and sceen protector removed? I'd strongly argue the seals on the box are not security seals.

Money_Grabber13579

HillStreetBlues said:

Money_Grabber13579 said:

I wonder are Argos taking the view that because you couldn’t open the box to examine the laptop in store, you can’t do it at home either? Argos don’t tend to have display products so if they take the view that you can only do at home what you would be able to do in store, that might be where their view comes from. I’m not sure that this is exactly what the legislation says though and in any event, I think they have to accept the return, albeit the refund might be reduced to account for the additional handling.

If Argos doesn't like the off premises sales law then it  needs to change it's methodology of selling.
It can't ignore Statute just because they might not agree with it.

Fully agree, but I suppose what I was getting at was whether they are indeed ignoring statue. Some people have mentioned about only being able to examine to the extent that you would be able to do in the shop. I don’t think Argos would allow you to open the box in the shop so if that is effectively the rule (and I don’t know if it is or not), then they would be able to reduce the refund for having opened the box at home.

What the OP wants is a full refund but perhaps they are only entitled to a partial refund? Although getting a refund at all seems to be the immediate hurdle.

the_lunatic_is_in_my_head

pepsik said:

I am not getting anywhere the lunatic is in my head they just keep saying the tape is a security seal if you coud help me write a letter I would be so grateful 

Hello OP

I would go along the lines of the below, I think Argos know full well what their obligations are and it's just a case of getting to someone who doesn't have a script to stick to. I have made the assumption in the letter that you didn't use the laptop and it's as good as new except for removing the seal on the outer box, please amend if the situation is in any way different  

Please also check for typos, etc.

To add, if you Google "ceo email" and search that site for Argos and Sainsburys (who own Argos) there should be an email address for each to a higher level of CS, so you can email Argos and cc in Sainsburys. I don't know if they will reply but worth a shot maybe before going to the trouble of posting a letter. 
----------------------------------------------------------------------------------------------------------------------------------------------------

Dear Argos 

I am writing with regards to order xxx, on the x of Feb I attempted to return the laptop in store but was advised that as the boxed had been opened I was unable to return.

Having sought advice, on the 12th of Feb I contacted customer services to advise I was cancelling my contract under the The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 however I was again told I could not do so as the box had been opened.

As I'm sure you are aware under the regulations the condition of the goods is not a Limit of Application under Part 3:

https://www.legislation.gov.uk/uksi/2013/3134/regulation/28

meaning a trader may not deny the right of cancellation because a customer has interacted with the goods. 

I believe your staff were confusing my right to cancel with your general company policy and do feel mislead by their actions which may be classed as a breach of The Consumer Protection from Unfair Trading Regulations 2008, specifically Section 5, paragraph 4(k)

https://www.legislation.gov.uk/uksi/2008/1277/regulation/5

I am requesting that the goods be collected from my address or pre-authorisation is given to my local store so I can return it there without any further inconvenience or discussion.

The goods have remained unused and are in their original packaging, merely the outer box has been opened. As per Section 34 of the above regulations:

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

the consumer may handle the goods to establish the nature, characteristics and functioning of the goods and it is noted that handling is classed as beyond this if it goes beyond the sort of handling that might reasonably be allowed in a shop. 

As it is typical for shops, in general, to have display models on show I am seeking a full refund (minus any reasonable fee you may deduct should you opt to collect the laptop). 

Thank you in advance for your prompt attention to this matter and I look forward to resolving this matter amicably. 
Sincerely,
pepsik 

Okell

good letter

powerful_Rogue

pepsik said:

I have re read my email it says the security tags need to be in place they are saying the box being opened means it is not in place

No, The email titled -

Thank you for your Argos order - we'll let you know when it's ready to collect

At the bottom under 'Important Information.'

Also says the same in the email titled -

Thank you for your Argos order - it's ready to collect!

Okell

powerful_Rogue said:

pepsik said:

I have re read my email it says the security tags need to be in place they are saying the box being opened means it is not in place

No, The email titled -

Thank you for your Argos order - we'll let you know when it's ready to collect

At the bottom under 'Important Information.'

Also says the same in the email titled -

Thank you for your Argos order - it's ready to collect!

Sorry - I'm confused whether you are supporting the view that the OP has a right to cancel or Argos' view as to what constitute security tags?

The bit under "Important Information" refers only to seals on software and other digital media doesn't it?  Not to sellotape - branded or otherwise - on boxes containing laptops and other hardware.

(Also the wording Argos uses is confusing and misleading as it conflates the statutory right to cancel with their own returns policy - which of course can have whatever conditions they decide to impose)