Argos, click and collect. Distance sale or not?

A_Geordie

Hello all,

I thought I would chime in on this as I have some direct experience of a very similar situation about a year or so ago with Argos on this very point (which Argos promptly settled after I issued proceedings relating to a relatively high value item). I think Okell has hit the nail on the head and would agree with that position.

The CCRs were implemented by virtue of the EU Consumer Rights Directive and in 2021 the EU updated their guidance on the CRD, particularly with respect to distance selling rules. I have provided the link at the end of this post to the document, but I wanted to specifically highlight Part 4 of the document headed Special requirements for distance contracts on page 45. In the third paragraph of 4.1, the guidance explains that:

In concluding a distance contract, the parties may also use a combination of several different means of distance
communication (e.g. website, mobile app, or phone call). The fact that parties meet each other after concluding the
distance contract, typically at the time of delivery or payment, should not change the classification of a contract as a
distance contract ... Although simply taking of an appointment with the trader is not considered a distance contract, a binding reservation made, for example, by telephone of goods to be collected or services to be received at a certain time is likely to constitute a distance contract for the purposes of the Directive.

I should state (maybe not) the obvious that this is EU guidance only and the courts do not need to follow it but it would be considered persuasive when making the case if the OP chose to issue proceedings against Argos. As a general rule of thumb and in my opinion, a contract would be concluded when it is no longer possible to back out of a contract and in doing so, you would be seen to be in breach of contract.

Link to EU CRD Guidance: https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:52021XC1229(04)

Okell

@A_Geordie -  thanks for that interesting account of your own problem with Argos.

Do you mind if I ask what sort of value was the item, and how far into the process did Argos continue to resist?  Presumably you got as far as a Letter Before Action and issuing a claim?  Did Argos settle before a court hearing?

A_Geordie

If I recall, the value of the item was around £300-£350 and experienced a similar response by Argos staff to the OP, no matter what you could say, the answer was no. I did try a couple of other local Argos stores but they kept the same stance.

I initially wrote to them and they did continue to resist but never actually explained why the click and collect service was not a distance contract, just a number of different fluffy explanations. I assume the resistance was either down to Argos' internal policy or that the customer service staff didn't really know the law, which is expected. I did ask them to forward my complaint to their legal team but I reckon that never happened.

Sent a letter before action, got an acknowledgment but no response and a week after the deadline, I started proceedings. It must have been a couple days after the claim form was issued, I received notification that they wanted to settle up - didn't even file a defence. I should probably point out that I am legally qualified albeit litigation is not my specialism (consumer/commercial contracts are my area) and that may or may not have helped to achieve the settlement based on the particulars of claim I drafted.

I was surprised Argos opted to settle early without even filing a defence, but then again they may not have wanted to risk a public decision against them when it is more cost effective and convenient to keep pleading that the click and collect option is not a distance contract as and when customers raise it, although I am only speculating. They could have very well thought like most low value claims, it is not worth the hassle and to just pay up and move on.

Okell

Thanks