Argos refusing to accept return

KevinRW

I ordered an iron from Argos, paid online, click & collect.

I used it once and didn't get on with it (sticking to clothes rucking them up, only 3 temp settings so no fine adjustment).

I tried to return it after 8 days. They said because it was used they wouldn't accept it.

Looking at other threads on this site in seems that legally you can change your mind and return any online purchase for any reason within 14 days. However Argos insist they won't accept the return of anything that's been used, even if just to check it functions, and there doesn't seem to be anyway to make them change their mind.

Any suggestions?

Undervalued

Are you saying that the item is actually faulty?

Unlike a distance sale a shop does not have to allow change of mind returns (unless their terms and conditions choose to offer that).

Presumably, had you chosen to do so, you could have inspected the item in the branch, just as you could have in any other physical shop? If so then I don't think this counts as a distance sale so it all depends on Argos published policy on returns unless actually faulty.

Even if you had bought the iron at distance (mail order) filling it with water and ironing clothes would go well beyond reasonably inspecting the goods. So, although you would have had a right to return it the retailer could make a reduction in refund to reflect its reduced value.

subjecttocontract

I'm not aware of any retailers that provide a 'sale or return' offer or a 'try it and see if you like it' policy.  

KevinRW

But my understanding was that for online purchases you had 14 days to change your mind for any reason.

No I don't think the item is technically faulty, just doesn't work in a way I am happy with.

Brexit_Fan

I know someone who works in Argos. This happens a lot, people unhappy that they can't return an item they just bought.

You'd be surprised at the number of those same people who return a day or two later then saying the item is now faulty, and therefore get a refund.

I'm not suggesting you go down that road, but just making you aware it does happen.

Aylesbury_Duck

KevinRW said:

But my understanding was that for online purchases you had 14 days to change your mind for any reason.

No I don't think the item is technically faulty, just doesn't work in a way I am happy with.

But you've done much more with it than you would have been able to in a store.

Presumably the three temperature settings situation was either covered in the description or was apparent when unboxing?  If things are sticking to it, that might indicate a fault (broken thermostatic so it's always too hot?) so perhaps you could try and return it on the basis it's faulty?

How much was it?  They're entitled to make a deduction for excessive handling if they did take it back.  If it's a cheap and cheerful iron it might not be worth the effort.  My last two irons have been cheap Russel Hobbs ones for £16 on Amazon.  It's a good iron and seems to last about three years.

DeathByFluffy

KevinRW said:

But my understanding was that for online purchases you had 14 days to change your mind for any reason.

No I don't think the item is technically faulty, just doesn't work in a way I am happy with.

I'm afraid your understanding isn't correct - it isn't that simple. 

Alderbank

KevinRW said:

I ordered an iron from Argos, paid online, click & collect.

I used it once and didn't get on with it (sticking to clothes rucking them up, only 3 temp settings so no fine adjustment).

I tried to return it after 8 days. They said because it was used they wouldn't accept it.

Looking at other threads on this site in seems that legally you can change your mind and return any online purchase for any reason within 14 days. However Argos insist they won't accept the return of anything that's been used, even if just to check it functions, and there doesn't seem to be anyway to make them change their mind.

Any suggestions?

Beware of skim reading!

Careful reading of other threads should reveal that legally you can cancel the contract by making a clear statement to the seller that you are cancelling the contract according to your rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

The above is quite different from returning goods under the retailer's refund policy. It's your choice which process you decide to use, each has its pros and cons.

Argos's own return policy doesn't allow you to open the packaging and handle the goods.

If you choose to cancel the contract under the CCR regs and return the goods, the seller has no choice but to accept the cancellation. However if you have handled the goods more than you would have been able to in a shop they can reduce your refund proportionately. Filling the iron with water and ironing a few collars is probably more than you could do in most shops.

There has been some debate about whether Argos's version of click & collect legally qualifies as a distance contract under the CCR regs.
To qualify, the regs say the contract of sale must be concluded entirely at a distance, ie. you pay for the goods and become the legal owner entirely online without having had the prior opportunity to examine and reject the goods.

Argos have argued that under their model you pay online to have the goods brought to a place where you can examine them under the assistant's watchful eye as you could in any other shop. At their store counter you are free to say you have changed your mind and they will refund your payment. If you decide to leave the shop with the goods, you have made an on-premises purchase.

Okell

So far as I know, online click and collect is treated as a distance sale for the purposes of the The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

I'm sure this has cropped up with Argos before.

I suspect that the OP has not made it clear to Argos that they are "cancelling a distance contract" and have just tried to return it and Argos are treating that as a return under their own policy.

If the OP has used the "correct" form of words then technically Argos cannot refuse the "cancellation", but of course they will be entitled to make a deduction from the OP's refund to reflect their use of the iron.  Whether that use of the iron has diminished its value to zero (like the rock climbing shoes on the other thread) is open to question.

And whether it's worth the hasssle over £16 is another matter...

Okell

KevinRW said:

But my understanding was that for online purchases you had 14 days to change your mind for any reason.

No I don't think the item is technically faulty, just doesn't work in a way I am happy with.

Not quite.

To exercise your statutory right to cancel a distance contract you have to clearly tell the seller that you are cancelling the contract.  Have you done so?

If you didn't tell them, then Argos will treat it as a return under their own returns policy and I suspect - although I haven't checked - that their own poilcy won't allow you to return items you've used.

If you did tell them, then in theory Argos cannot refuse your cancellation and return, but they will be entitled to make a deduction from your refund of up to 100% of the purchase value to reflect any dimunition in value caused by your use of the iron.  You are allowed to "handle" the iron sufficiently to establish the nature, characteristics and functioning of it, but you are not generally allowed to handle it more than you would be allowed to in a shop

Undervalued

Okell said:

So far as I know, online click and collect is treated as a distance sale for the purposes of the The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

I'm sure this has cropped up with Argos before.

.........

And whether it's worth the hasssle over £16 is another matter...

Okell said:

KevinRW said:

But my understanding was that for online purchases you had 14 days to change your mind for any reason.

No I don't think the item is technically faulty, just doesn't work in a way I am happy with.

Not quite.

To exercise your statutory right to cancel a distance contract you have to clearly tell the seller that you are cancelling the contract.  Have you done so?

If you did tell them, then in theory Argos cannot refuse your cancellation and return, but they will be entitled to make a deduction from your refund of up to 100% of the purchase value to reflect any dimunition in value caused by your use of the iron.  You are allowed to "handle" the iron sufficiently to establish the nature, characteristics and functioning of it, but you are not generally allowed to handle it more than you would be allowed to in a shop

And that is assuming it is a distance contract. My understand is that it is not automatic for click and collect and depends on exactly what happened, or could have happened, on collection.

Like so many things that get debated endlessly on here, unless the point has been tested in a high enough court to set a binding precedent it is all opinion. I am not aware that it has?