Argos refuse refund, are they correct?

37
Edited by:"emiliaserv"Found 6th Dec 2017
Morning all,



On Monday my father ordered and

paid online for a Nextbase dashcam from Argos and chose to click and collect.



Yesterday morning he went to the store in Brentwood (there were none in


Chelmsford) and collected it. That afternoon he opened the box and immediately realised

that he had ordered the wrong model (he wanted a 512GW but it was a 512G) so he

therefore decided to take it back to his local Chelmsford store and get a



refund. A couple of hours later he did so but returned rather upset as, despite

speaking to 2 members of staff, they refused point blank to give a refund

saying that as the seal on the box was broken they could no longer resell it

and therefore he was not entitled to a refund.



The dashcam had been collected

only hours previously and clearly has not been damaged in any way so I am


wondering if what they claim about the seal is legally correct or just an


attempt to avoid giving the refund. I thought that in most cases you had 14


days to change your mind and receive a full refund provided the product is



still “as new” but I realise there may be loopholes so would like to be sure he



is in the right before proceeding further. Thanks.
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37 Comments
Original Poster
I apologise for all the line breaks, they seem to have been inserted automatically and I can't get rid of them when I try editing.
Yes you are entitled to a refund as it was bought online. You are also allowed to inspect it as long as you return it in a re sellable condition. Also Argos if asked open boxes prior to purchase so you can inspect it. If you go online click contact click chat and explain the situation.
Some goods are not refundable but this would not fall in that group. I have just checked their webpage, no where does it state you can't return it. Speak to a manager and throw into the conversation distance selling regulations.
Edited by: "caverncity" 6th Dec 2017
I guess one of the problems is myself and I'm sure others refuse products were the box has been opened.I don't like the idea that someone has had the product in there home playing with it before me, say for example it was a mobile phone, it would ideally be fully charged before first use, you can not guarantee the previous purchaser has not just turned the phone straight on and played with it for an hour before deciding it's not for them, also they could start setting up the phone and you purchase it realising it now has someone else's details on there, Argos then owe you an apology plus a voucher to cover your fuel costs etc, I guess Argos have just had enough of the problems caused by accepting goods back that they then struggle to sell or have to check thoroughly to make sure you have not used it, it is surprising how many people return TVs back to Argos the following day, it must be a headache for the staff making sure it is all perfectly repacked so they can still try sell it on as new.

I am not saying your father should not get a refund but I can understand how it can make reselling the product harder for Argos. As they say they need to try and resell the product. Would your father be happy if he was buying it and the box had been previously opened?
Edited by: "SOUTHWALES" 6th Dec 2017
"I guess they Argos have just had enough of the problems caused by accepting goods back that they then struggle to sell, it is surprising how many people return TVs back to Argos the following day, it must be a headache for the staff making sure it is all perfectly repacked so they can still try sell it on as new.

I am not saying your father should not get a refund but I can understand how it can make reselling the product harder for Argos. As they say they need to try and resell the product. Would your father be happy if he was buying it and the box had been previously opened?"


I think that your comments are very generous of spirit, however Argos, like any other retailer know full well that if they wish to engage in distance selling, then they have to abide by the associated laws. A person is entitled to inspect goods which they bought online and if they don't wish to keep them (with limited exceptions) they are entitled to their money back.
SOUTHWALES7 m ago

I guess one of the problems is myself and I'm sure others refuse products …I guess one of the problems is myself and I'm sure others refuse products were the box has been opened.I don't like the idea that someone has had the product in there home playing with it before me, say for example it was a mobile phone, it would ideally be fully charged before first use, you can not guarantee the previous purchaser has not just turned the phone straight on and played with it for an hour before deciding it's not for them, also they could start setting up the phone and you purchase it realising it now has someone else's details on there, Argos then owe you an apology plus a voucher to cover your fuel costs etc, I guess Argos have just had enough of the problems caused by accepting goods back that they then struggle to sell or have to check thoroughly to make sure you have not used it, it is surprising how many people return TVs back to Argos the following day, it must be a headache for the staff making sure it is all perfectly repacked so they can still try sell it on as new.I am not saying your father should not get a refund but I can understand how it can make reselling the product harder for Argos. As they say they need to try and resell the product. Would your father be happy if he was buying it and the box had been previously opened?


I understand how you feel but Argos must comply with the legistlation and that legislation states the OP has a right to a refund.

Op this is the legislation the purchaser needs to use which.co.uk/con…ons take it into Argos and ask to speak with a manager.
Gordonc196029 m ago

"I guess they Argos have just had enough of the problems caused by …"I guess they Argos have just had enough of the problems caused by accepting goods back that they then struggle to sell, it is surprising how many people return TVs back to Argos the following day, it must be a headache for the staff making sure it is all perfectly repacked so they can still try sell it on as new.I am not saying your father should not get a refund but I can understand how it can make reselling the product harder for Argos. As they say they need to try and resell the product. Would your father be happy if he was buying it and the box had been previously opened?"I think that your comments are very generous of spirit, however Argos, like any other retailer know full well that if they wish to engage in distance selling, then they have to abide by the associated laws. A person is entitled to inspect goods which they bought online and if they don't wish to keep them (with limited exceptions) they are entitled to their money back.


As I said I am not saying Argos should not refund, but can understand how it is a headache for them as what do they do with the returned goods?, If you purchase a product and the box has already been opened stores always give the same reason (the box is open as a customer wanted to see the product prior to purchase), that does not guarantee you the items had not been sold and returned, and as I said there is no guarantee the original purchaser has not turned on the product and for example and started the initial set up. This could mean Argos now have to sell the product at a loss under seller refurbished. All I'm saying is I can see why it is a pain in the backside for retailers accepting goods Back were the seal is broken. Another example could be you go to Argos to buy a TV, box has clearly been opened, how do you know it is not the display TV there now trying to sell, same excuse ( customer wanted to see the product before purchase ) that's why I and I'm sure many others would refuse.

This also reminds me of quite a few years ago when rumbelows was still in business, I purchased an Amiga 1200 computer from them, all seemed ok till one day the sun was shining through the window and you could see where someone else had wrote there details on it with one of them ultra violet security pens, took item back to rumbelows and the one they tried to replace it with now had a plug fitted ( years ago most products you had to fit a plug yourself ) I was paying £299 for a brand new computer but twice now being sold clearly second hand goods. Hence why I would now never trust a retailer on buying previously opened goods.

The question I ask is how many on here are happy to buy a product of the seal has been broken. and if not then you can see how it can be a headache for retailers to accept returned goods once they have been opened.
Edited by: "SOUTHWALES" 6th Dec 2017
This has happened to me regarding another product. I called customer services on line and they said it would be completely fine to get refund. Just to put back in original packaging and receipt. They gave me a reference number also which I took down and when I went back in store and told them they gave me refund without even asking for reference number. Hope it helps and you get this sorted
If you pay online you can inspect the goods, if you paid instore they can refuse.
Argos does not refund some electrical goods if you change your mind once you have opened the box. I was told this when I bought a camera for my mum and same thing when I bought a laptop. Also washing machine.
caverncity1 h, 18 m ago

Yes you are entitled to a refund as it was bought online. You are also …Yes you are entitled to a refund as it was bought online. You are also allowed to inspect it as long as you return it in a re sellable condition. Also Argos if asked open boxes prior to purchase so you can inspect it. If you go online click contact click chat and explain the situation.


Does it make if difference it 'bought' (i.e.paid for) online or if was only 'reserved' online?
Van197357 m ago

Does it make if difference it 'bought' (i.e.paid for) online or if was …Does it make if difference it 'bought' (i.e.paid for) online or if was only 'reserved' online?


With reserved you can still inspect prior to purchase so will be same as if just going in store and ordering over the counter as you have the option to walk away once inspected, when you buy online and pick up you have DSR rights as you can't inspect it first. DSR applies to most if not all electric goods even cameras but must still be in a resalable condition. I doubt using an electric shaver for a day or two then returning it will get you a refund as most definitely not resellable plus you have health protection and hygiene reasons but what if there is no hygiene seal? DSR is a little confusing, it's there so you can inspect the goods as you can't do that online, maybe just try it out or see if it fits or if it's to your expectations, ripping open boxes and not giving a care isn't going to help your cause though and doesn't help the shop much so be careful with it, they can deduct a percentage to cover any losses that they think they will lose when reselling.
Also, going back to returns, if you stroll in off the street, look through the catalogue and see a camera and buy it, you don't have the right to return unless it's faulty or described wrong as you are then using the shops T&C's not DSR. The shop doesn't have to refund unless faulty or not as described especially goods that have built in memory. Argos do or used to open certain items like phones before they hand them over to check contents which is annoying especially if it's a gift so they can't really complain if you bring an item back that's open. I know they did put a iirc "inspected by customer" sticker on items that had been opened by a potential customer who didn't proceed with the purchase.
Edited by: "caverncity" 6th Dec 2017
mutley11 h, 12 m ago

Argos does not refund some electrical goods if you change your mind once …Argos does not refund some electrical goods if you change your mind once you have opened the box. I was told this when I bought a camera for my mum and same thing when I bought a laptop. Also washing machine.


Well you were told incorrect information. If you bought those items online you can open the box. Only certain items are exempt and that is sealed items such as DVD/CD, not a camera or laptop.
From what iv read...
If you only reserve an item to pick up and pay for in store, then the contract is made in store, where you have the option to inspect the goods before purchasing - therefore DSRs would not apply.

If you 'paid online' to collect in-store, then the sale is made online and DSRs do apply.
Does your father realise the GW model is an extra £50?
So would everyone on hear be happy to buy goods that have been previously opened? Because if you think being allowed to open the boxes to inspect goods should be fully allowed, then it would be hypocritical to then say you would refuse to accept items with damaged or opened seals.
DSR doesnt exist anymore - its all under the consumer contracts regulations 2015

you can get a refund even if it is opened. Argos are a pain for returns unless it is faulty and you can prove it on the spot.
SOUTHWALES57 m ago

So would everyone on hear be happy to buy goods that have been previously …So would everyone on hear be happy to buy goods that have been previously opened? Because if you think being allowed to open the boxes to inspect goods should be fully allowed, then it would be hypocritical to then say you would refuse to accept items with damaged or opened seals.

Its the law to be able to order items online and return once you have inspected them long as you return in a saleable condition you are due a refund if shops do not want to follow that law then they have the choice not to sell online. If I buy goods new then I want to be the first person to open them, if a shop tried to give me a open box costumer return I would refuse it or I would expect money off if I was happy to go ahead with the sale.

Does that make me a hypocrite? No it's just the way it is.
tje197825 m ago

Its the law to be able to order items online and return once you have …Its the law to be able to order items online and return once you have inspected them long as you return in a saleable condition you are due a refund if shops do not want to follow that law then they have the choice not to sell online. If I buy goods new then I want to be the first person to open them, if a shop tried to give me a open box costumer return I would refuse it or I would expect money off if I was happy to go ahead with the sale.Does that make me a hypocrite? No it's just the way it is.


I understand it's the law but at least you admit you would not accept opened goods without a discount, so hopefully you can see my point as to why many retailers would rather not accept the goods back even if it is the law. Shops average around 15% profit margin, if they have to start offering 20% discounts for unsealed goods it is going to hit profits, Argos is starting to struggle to stay afloat, they receive thousands of returns a day which will be hitting them hard, law or not I can understand why they would like to try and avoid getting so many returns on non faulty items.

If it was your business would you be happy selling your items at a loss? Yes it the law but I think it is unfair of people to expect shops to open goods why they pip squeak over a product and then decide not to buy, then the retailer is stuck with stock they have to discount and more than likely sell at a loss.

Would I like to see the OP's father get a refund, YES, but I can understand why shops try not to just take back items willy nilly. Last few times I have been in Argos it looks like at least every other customer is returning items. I'm sure if Argos was only recieving a few hundred returns a day they would take it on the chin but it must run into the thousands, and as you have clearly stated you would not accept such goods so to Argos they are now unsaleable goods without being sold at a loss.
Edited by: "SOUTHWALES" 6th Dec 2017
SOUTHWALES1 h, 16 m ago

So would everyone on hear be happy to buy goods that have been previously …So would everyone on hear be happy to buy goods that have been previously opened? Because if you think being allowed to open the boxes to inspect goods should be fully allowed, then it would be hypocritical to then say you would refuse to accept items with damaged or opened seals.


I don't think it's being hypocritical at all. It's a problem for the retailers to solve, not the consumer -that's what you pay them for. One possible solution would be for the retailer to return the item to the manufacturer to be inspected and repackaged.
Pandamansays20 m ago

I don't think it's being hypocritical at all. It's a problem for the …I don't think it's being hypocritical at all. It's a problem for the retailers to solve, not the consumer -that's what you pay them for. One possible solution would be for the retailer to return the item to the manufacturer to be inspected and repackaged.


And who pays? also with a lot of goods coming from the likes of China and Taiwan who is going to cover these costs, and again would you then be happy with the idea your item was one that had been sent back and fourth to the manufacturer because it was a returned item?. Plus surely this now forces the items into manufacturer refurbished, now meaning the item is much less profitable or even sold at a loss. We have this idea that big chain stores can just take all these returns and absorb the costs of doing so but when they can no longer afford to stay afloat, especially now competing with the likes of Amazon we will then be sorry when the high street along with jobs is no longer there. We as consumers need to help high street shops stay afloat and not run them into the ground.....
Edited by: "SOUTHWALES" 6th Dec 2017
SOUTHWALES9 m ago

And who pays? also with a lot of goods coming from the likes of China and …And who pays? also with a lot of goods coming from the likes of China and Taiwan who is going to cover these costs, and again would you then be happy with the idea your item was one that had been sent back and fourth to the manufacturer because it was a returned item?. Plus surely this now forces the items into manufacturer refurbished, now meaning the item is much less profitable or even sold at a loss. We have this idea that big chain stores can just take all these returns and absorb the costs of doing so but when they can no longer afford to stay afloat, especially now competing with the likes of Amazon we will then be sorry when the high street along with jobs is no longer there. We as consumers need to help high street shops stay afloat and not run them into the ground.....



aside from being irrelevant, very confusing and unhelpful to the OP you are looking at this in a very blinkered manner, probably more sales are gained by argos from people buying stuff on-line in a whim and not returning them therefore making up the shortfall.
SOUTHWALES35 m ago

I understand it's the law but at least you admit you would not accept …I understand it's the law but at least you admit you would not accept opened goods without a discount, so hopefully you can see my point as to why many retailers would rather not accept the goods back even if it is the law. Shops average around 15% profit margin, if they have to start offering 20% discounts for unsealed goods it is going to hit profits, Argos is starting to struggle to stay afloat, they receive thousands of returns a day which will be hitting them hard, law or not I can understand why they would like to try and avoid getting so many returns on non faulty items. If it was your business would you be happy selling your items at a loss? Yes it the law but I think it is unfair of people to expect shops to open goods why they pip squeak over a product and then decide not to buy, then the retailer is stuck with stock they have to discount and more than likely sell at a loss.Would I like to see the OP's father get a refund, YES, but I can understand why shops try not to just take back items willy nilly. Last few times I have been in Argos it looks like at least every other customer is returning items. I'm sure if Argos was only recieving a few hundred returns a day they would take it on the chin but it must run into the thousands, and as you have clearly stated you would not accept such goods so to Argos they are now unsaleable goods without being sold at a loss.



Please tell me your not in retail, because your way off if you think they only make 15%

Argos sell all their open box returns on ebay and still make a profit, Amazon use Amazon warehouse to sell theirs.

Your right though they will try to baffle you with bullsh*t, which is why you need to know your rights.

Any contract made online gives you the right to cancel, and opening the box inspecting goods isn't seen as unreasonable handling under the law.
Edited by: "4Real2016" 6th Dec 2017
SOUTHWALES52 m ago

I understand it's the law but at least you admit you would not accept …I understand it's the law but at least you admit you would not accept opened goods without a discount, so hopefully you can see my point as to why many retailers would rather not accept the goods back even if it is the law. Shops average around 15% profit margin, if they have to start offering 20% discounts for unsealed goods it is going to hit profits, Argos is starting to struggle to stay afloat, they receive thousands of returns a day which will be hitting them hard, law or not I can understand why they would like to try and avoid getting so many returns on non faulty items. If it was your business would you be happy selling your items at a loss? Yes it the law but I think it is unfair of people to expect shops to open goods why they pip squeak over a product and then decide not to buy, then the retailer is stuck with stock they have to discount and more than likely sell at a loss.Would I like to see the OP's father get a refund, YES, but I can understand why shops try not to just take back items willy nilly. Last few times I have been in Argos it looks like at least every other customer is returning items. I'm sure if Argos was only recieving a few hundred returns a day they would take it on the chin but it must run into the thousands, and as you have clearly stated you would not accept such goods so to Argos they are now unsaleable goods without being sold at a loss.


15% profit margin across the board seems incredibly low especially with their business model. If they want to trade online, they need to fall in line with the law. It's as simple as that. You would expect Argos to have more returns than a typical bricks & mortar business. Is it possible to reserve online, and then go into the shop and inspect the goods prior to paying? If it is, then that is the way forward for Argos, although it will still leave them way behind the returns policies of the top of the bunch.
send an email to their customer service team and let them sort it out, with Argos 30 day return process you shouldn't really have an issue unless its really messed up and says excluded which it doesn't on the site

argos.co.uk/hel…ds/
SOUTHWALES5 h, 2 m ago

I guess one of the problems is myself and I'm sure others refuse products …I guess one of the problems is myself and I'm sure others refuse products were the box has been opened.I don't like the idea that someone has had the product in there home playing with it before me, say for example it was a mobile phone, it would ideally be fully charged before first use, you can not guarantee the previous purchaser has not just turned the phone straight on and played with it for an hour before deciding it's not for them, also they could start setting up the phone and you purchase it realising it now has someone else's details on there, Argos then owe you an apology plus a voucher to cover your fuel costs etc, I guess Argos have just had enough of the problems caused by accepting goods back that they then struggle to sell or have to check thoroughly to make sure you have not used it, it is surprising how many people return TVs back to Argos the following day, it must be a headache for the staff making sure it is all perfectly repacked so they can still try sell it on as new.I am not saying your father should not get a refund but I can understand how it can make reselling the product harder for Argos. As they say they need to try and resell the product. Would your father be happy if he was buying it and the box had been previously opened?


Just to note... charging a new phone fully in the first instance is no longer required due to the type of batteries they have compared to older mobile phones.
SOUTHWALES1 h, 13 m ago

And who pays?...


It's a very good question and not one I have the answer to.

However, consumers should be in no doubt that the goods they buy are brand new and they are the first 'end user'. Also consumers who purchase online, sight unseen, should have the right to return items if they are not suitable (as safeguarded in the DSR's). These are both fundamentals of shopping and without them, consumers will lose confidence in the retail industry and that won't help anyone.

In the same way I make purchasing decisions by weighing up all relevant factors, for example, I don't shop at Currys/PC World/Carphone Warehouse because of poor customer service, then retailers should make similarly informed decisions. If they choose to boost profits by purchasing direct from China, without adequate back up, then they will need to sort out any issues that arise themselves.

I agree that we should (in theory) support High Street retailers where possible, but they in turn need to play their part too. If they can't accommodate their legal responsibilities, then what are we actually paying for.

If the issue is that too many people are returning items, then the retailers have a problem that they need to address. How many shop staff actually know anything about what they are selling these days - very few in my experience. Thus people end up buying items not really knowing anything about them and so returns are higher than they would be if they were able to make a reasonably informed decision at the time. Shops used to have knowledgeable salespeople, but decided it was cheaper (ie they could make more money) if they got rid of them and staffed the shop with 'shop assistants' (some of whom have sales targets which, by definition, actively encourage them to sell items that are clearly unsuitable to the customers.)
4Real20161 h, 10 m ago

Please tell me your not in retail, because your way off if you think they …Please tell me your not in retail, because your way off if you think they only make 15%....


Most retailers double the price of the goods they buy - how much they ultimately make is then up to them!
Pandamansays15 m ago

Most retailers double the price of the goods they buy - how much they …Most retailers double the price of the goods they buy - how much they ultimately make is then up to them!



Not sure why your telling me, I already know what the retail markup is, its SOUTHWALES who doesn't.
Edited by: "4Real2016" 6th Dec 2017
Original Poster
Thanks to everyone for contributing to the discussion. Firstly, let me say that my father should have been more careful when ordering but obviously got distracted, as we all do sometimes, and didn't realise because he actually told me beforehand he had ordered a 512GW. He maybe should have been alerted by the price if there is £50 difference between the two models. Anyway, he is not in the habit of returning things and I was mainly interested in having confirmation that DSR (or CCR) apply and therefore the retailer is obliged to refund when goods are returned "as new" within the stipulated time simply because such obligation applies to everyone engaged in distance/online selling. Presumably all retailers have factored in the associated costs when setting their prices.

I'll let you know what happens in due course
Edited by: "emiliaserv" 6th Dec 2017
I did a similar thing last year with a laptop, took it back and they said I could have the refund as I hadn't inserted the battery. They should refund you, but if they're being difficult maybe try another local store if you have one.
The problem here, and it may be this that Argos are trying to push this point, the DSR, or CCR was put into place because distance buying didn't give you a chance to inspect the goods before purchase. To give the consumer some rights the regulations were brought in BUT with click and collect (even if you pay before you collect) you can inspect the goods before you accept them. So they may be arguing that taking the goods means your father was happy with them. However, if you bought off Ebay, and collected from Argos, then the DSR/CCRs would definitely apply as you couldn't reject them at this point as the vendor is not present, so that would be a distant sale.
Sorry to be the bearer of bad news but they may (I only say MAY as I'M not an expert) week be correct.

Get legal advice, Citizens advice it's usually pretty good.
Original Poster
Update, this evening he took it back to the Argos inside Sainsbury's (about a mile away from the other one) and they didn't bat an eyelid, just gave him a refund on the spot.
emiliaserv33 m ago

Update, this evening he took it back to the Argos inside Sainsbury's …Update, this evening he took it back to the Argos inside Sainsbury's (about a mile away from the other one) and they didn't bat an eyelid, just gave him a refund on the spot.


So the moral of this story is "if at first you don't succeed, post the story on hukd, let everyone talk and argue about it all day then take it to a different store"
SOUTHWALES11 h, 18 m ago

So would everyone on hear be happy to buy goods that have been previously …So would everyone on hear be happy to buy goods that have been previously opened? Because if you think being allowed to open the boxes to inspect goods should be fully allowed, then it would be hypocritical to then say you would refuse to accept items with damaged or opened seals.


That’s not the argument here. The op wants to know if her father is entitled to a refund. Nothing further.
Original Poster
caverncity11 h, 18 m ago

So the moral of this story is "if at first you don't succeed, post the …So the moral of this story is "if at first you don't succeed, post the story on hukd, let everyone talk and argue about it all day then take it to a different store"



As you have been following and contributing to the discussion you will know that eventually athunder suggested taking it to another store. You would expect Argos to adopt a uniform policy on refunds at every store but clearly they do not.
After reading the above, I'm interested to know how much people think profit margins are on such items.
I work in retail and have sold anything from books and dvds to laptops and TVS and I can promise you now that margins are very tight on all of the above. At this time of year some TVs can lose money or are less than 10% margin. So once people start returning TVS because they didn't get the right size or have simply changed their mind, this can severely hit profits, so I don't blame retailers when they refuse returns as it's very frustrating when customers return something that isn't the shops fault.
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