I need help getting a refund from Argos with PC

pepsik

I am new it will not let me copy or post a screen shot 

pepsik

He is saying it is not a distance contract as it was collected in store I cannot post his my email or his replies as I am new sorry 

Okell

@the_lunatic_is_in_my_head -  didn't you post something from official guidance a couple of weeks ago explaining how distance contracts and "click and collect" should be handled?

My understanding of that was that where the consumer is simply collecting the item - no more - then that is definitely a distance sale under the definition as the contract had been concluded prior to collection?

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;    (reg 5)

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[Edit:  might have been this from 06 January which is something different - about opening the box, not about click and collect:

The EU guidance says

Before purchasing audio/video and recording equipment, the consumer would normally be able to test the image or sound quality;

Trying on a garment in a shop would not involve the removal of the manufacturer's tags;

The consumer would not normally be able to practically test household appliances, such as kitchen appliances, the actual use of which unavoidably leaves traces;

The consumer would not be able configure software on a computer; hence reasonable costs for any resetting of such equipment would also constitute diminished value.

In principle, the consumer should be able to open the packaging to access the goods if similar goods are normally displayed in shops in unpacked condition. Hence damage caused to the packaging by merely opening it is not cause for compensation. However, any protective films applied to the item should only be removed where strictly necessary to test it.

Returning a laptop that's not as described - Page 2 — MoneySavingExpert Forum ]

pepsik

they say I have to find independent  legal advice externally how is this right?

ArbitraryRandom

I would respond with their own FAQ: 


https://help.argos.co.uk/help/delivery-and-collection/how-does-click-&-collect-work/72456

It clearly states you purchase your item online and the item is held at store for you to collect...

the_lunatic_is_in_my_head

Okell said:

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;    (reg 5)

That's the definition and as we are talking contract law here you might know more but my understanding is the word "concluded" means the time at which both parties become bound by their obligations under the contract.

As powerful_Rogue posted, if they are sending emails mentioning the CCRs why wouldn't a click and click sale be a distance contract. 

Okell said:

[Edit:  might have been this from 06 January which is something different - about opening the box, not about click and collect:

I think that's probably what you are thinking of, regarding C&C from reading online it seems if you book a click and collect for say a car and pay a small holding fee then this is not a distance contract as you would be signing the final deal at the car dealership but AFAIK where you pay online it's classed as a distance contract.

It's common for acceptance to form upon dispatch, I'm sure I've asked before what happens if acceptance is formed when you pick the goods up in store (although I don't think there was an answer) but whether the finer details of contract law have any play in this I don't know but all that aside as above why mention it in C&C emails if it doesn't apply? 

I'd be surprised if the average CS rep knows what the precise definition of a distance contract is and with Argos I'd image the "unopened" aspect trumps everything as far as the script goes. 

OP have you emailed the CEO contacts? 

pepsik

Yes Lunatic in my head they said no at first then as I was writing to them using your tenplate I got an email saying as a gesture of goodwill they refund me and will collect tommorrow. So THANKYOU all for your help I really appreciate it 

ArbitraryRandom

Brilliant! Thanks for the update and I'm glad it worked out  

I hope your daughter is happy with the replacement (still buying it from Argos...?) 

MeteredOut

pepsik said:

Yes Lunatic in my head they said no at first then as I was writing to them using your tenplate I got an email saying as a gesture of goodwill they refund me and will collect tommorrow. So THANKYOU all for your help I really appreciate it 

Great result, but after collection, I'd probably respond to that reminding them that they are simply complying with their statutory duties, and there's been absolutely no goodwill in how they've dealt with you.

Aylesbury_Duck

MeteredOut said:

pepsik said:

Yes Lunatic in my head they said no at first then as I was writing to them using your tenplate I got an email saying as a gesture of goodwill they refund me and will collect tommorrow. So THANKYOU all for your help I really appreciate it 

Great result, but after collection, I'd probably respond to that reminding them that they are simply complying with their statutory duties, and there's been absolutely no goodwill in how they've dealt with you.

...and once the refund has been paid, but otherwise I agree entirely.