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Original poster

Is Argos being discriminatory?

62 replies

RubieTuesday · 22/08/2023 09:59

First time posting so please bear with me 😁

My elderly (82) and disabled neighbour bought a talking watch from Argos for his elderly visually impaired friend.

On opening the box (no seals broken on that box) he realised that his friend was too visually impaired to see the dial (large digits) and to be able to press the buttons to enable him to tell the time. He was looking initially for a watch with a huge button that you press and it tells you the time, but can't seem to find that anywhere.

Anyway, the next day he took the outer box, the box the watch was in (with the plastic seal untouched across the dial) and the receipt back to Argos who refused him a refund because the outer box had been opened and they couldn't resell this item.

My point is that these are two elderly disabled gentlemen who would have had to take the watch out of the box to see if it was fit for purpose. In my view, it's being discriminatory against the elderly and disabled and it's also extenuating circumstances. What's £18.50 to Argos against really bad customer service?

I've been emailing customer service who are standing their ground and I've asked to escalate this to an official complaint.

So do you think I'm being unreasonable? Has anybody had an experience like this and how was it resolved?

Is Argos being discriminatory?
OP posts:
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Original poster
RubieTuesday · 24/08/2023 09:50

Thanks to everyone who responded positively, especially highlighting indirect discrimination, and the advice to email CEO of Argos, which I have done now, copying and pasting from here and the Citizens Advice website.... watch this space! 🤞🙏😀

OP posts:
Badbadbunny · 22/08/2023 19:08

NewName122 · 22/08/2023 17:59

Bin the white box and take it back as it is. Say that's how it came.

They'll know it wasn't if there's not their label with a code on the inner box!

rwalker · 22/08/2023 18:48

A lot of tech is non refundable it’s in the small print
also Argos pallet up returns and auction them off so more or less gave to write it off
technically 2nd hand goods
You bought something perfectly functional but just not suitable there no discrimination

nightingaleflossy · 22/08/2023 18:47

argos/sainsburys ceo's office is very responsive. i'd tweet or email. they have sorted two issues i had after meeting obstructive staff in store

towriteyoumustlive · 22/08/2023 18:46

If you buy from a store, then you have NO rights to return it for a refund unless it is faulty.

Any store that allows this is doing so above the required consumer rights.

If he had bought it online, then he could have returned it.

Likewise, you can ask to view any item in store in Argos.

ohcrums · 22/08/2023 18:34

Comefromaway · 22/08/2023 18:18

It’s a brand that specialise in products for people with disabilities or care needs.

Show quote history

Excellent- in that case I'd take evidence of this (website?) And go down the not fit for purpose route

Beaverbridge · 22/08/2023 18:31

Take it back, say its faulty.

Laiste · 22/08/2023 18:28

Don't mention the white box or the struggle so far.

Laiste · 22/08/2023 18:27

I honestly think if you walk into an Argos casually with the watch in the box it's in and the receipt and ask for a refund (onto to the card if he used one, so take that with you) they'll just do it.

Just say sorry, your neighbour bought the wrong thing and you'd like a refund for him please.

Comefromaway · 22/08/2023 18:18

ohcrums · 22/08/2023 18:13

Does the watch say it is ideal for someone with visual impairment?

It’s a brand that specialise in products for people with disabilities or care needs.

FutureThroughLensOfThePast · 22/08/2023 18:14

In my experience the instore staff are more helpful than the head office folk.

ohcrums · 22/08/2023 18:13

Does the watch say it is ideal for someone with visual impairment?

Comefromaway · 22/08/2023 18:09

They are talking bollocks, the outer white box won’t have had a security seal on.

Original poster
RubieTuesday · 22/08/2023 18:07

LondonLovie · Today 13:28
This sounds like Argos isn't following the consumer rights. I'd definitely be calling up customer services on this one

If you wish to make a complaint you can do so by making contact through any of the channels listed here: By phone - If you'd prefer to speak to someone you can contact us on 0345 640 0700

Thanks LondonLovie, it was customer services I was talking to... I asked them to escalate my complaint and she told me she's a manager and there's no one above her for her to escalate it to!

When you say "contact us on 0345 640 0700" who is us?

OP posts:
Original poster
RubieTuesday · 22/08/2023 18:03

Newyearnewjobnewlife · Today 11:55
The staff don’t know how every single item is packaged so if you can take the sticker with the catalogue number on it off the outer box I would just do that and put it on the bottom of the inner box, they won’t know there was an outer box originally, take it to a different store if there is one.

There's no stickers on the outer box, it's all printed on it with the bar code, and I'm sure they'll need that instore to refund.

It says "Remove this box to display this product" and when I mentioned that to Customer Services they said because it's a catalogue shop they don't display anything so it would still need to be in that box. Most shops take returned goods though and sell them on through different trading outlets etc don't they?

OP posts:
NewName122 · 22/08/2023 17:59

Bin the white box and take it back as it is. Say that's how it came.

TheBarbieEffect · 22/08/2023 17:59

RubieTuesday · 22/08/2023 17:58

To everyone who has responded regarding my "discrimination" comment, thanks to Crabbiesgingerbeer for highlighting this:

Something can be indirect discrimination if it has a worse effect on you because of your:

  • age
  • disability
  • gender reassignment
  • marriage or civil partnership
  • race
  • religion or belief
  • sex
  • sexual orientation
The Equality Act calls these protected characteristics.

This is exactly what I mean.

Still not applicable here 🤦‍♀️

Original poster
RubieTuesday · 22/08/2023 17:58

To everyone who has responded regarding my "discrimination" comment, thanks to Crabbiesgingerbeer for highlighting this:

Something can be indirect discrimination if it has a worse effect on you because of your:

  • age
  • disability
  • gender reassignment
  • marriage or civil partnership
  • race
  • religion or belief
  • sex
  • sexual orientation
The Equality Act calls these protected characteristics.

This is exactly what I mean.

OP posts:
NewName122 · 22/08/2023 17:58

I've taken stuff back in far worse condition then that so don't see why they've not accepted it. Message them on twitter. That's ridiculous. You can change your mind. I've taken a garden swing back to them in black bags once. They told me too as I said I didn't have the box no more.

Original poster
RubieTuesday · 22/08/2023 17:55

Comefromaway · Today 11:39
The item is fit for purpose though.

When you say outer box do you mean the plain brown box items often come in? Argos refund policy says

*If you've changed your mind and need to return an item, you have 30 days from the date of collection or from the date of delivery to return your item(s). Your item(s) needs to be:

  • Unused and with all original components
  • In its original packaging (with the tags if applicable)
  • In a resaleable condition
  • With its proof of purchase
  • With any free items that came with the product
  • With any security seals unbroken and intact Refunds will be processed by the original payment method. If you paid by card, it can take up to 5 working days to appear back in your account; with PayPal, refunds can take up to 30 days.*

So from what you say I would argue that these conditions have been met as the outer box was not a security seal.

That was my point too, but they said it was a security seal on the white box. There is no way to cut that seal cleanly either, it's a thick cardboard box and unless you cut it with a very thin razor blade or maybe a scalpel, it was tough for my elderly neighbour to open. He wasn't offered the option to see it in the store, anyway he didn't have his friend with him.

OP posts:
Badbadbunny · 22/08/2023 17:53

VegetablesFightingToReclaimTheAubergieneEmoji · 22/08/2023 11:25

It’s ridiculous it’s not like you can touch their products before purchase. it’s a bit of a distance selling loop hole isn’t it

You CAN ask to view before purchase though. We've done it many times rather than buy something, take it away and have to take it back again for refund.

That's why they CAN refuse to refund something that's been opened if not faulty. The reason being that a customer to their store CAN physically inspect the item prior to purchase.

If you don't want to do that, just order it online and then return it under the distance selling regulations.

Original poster
RubieTuesday · 22/08/2023 17:52

BCBird · Today 11:37
It available at Argod. Think.i have attached below.

Thanks but they're clocks, my neighbour was looking for a watch for his friend. He did want a watch though like these clocks with a huge button on, but couldn't find one of those so bought what he thought would be suitable

OP posts:
Original poster
RubieTuesday · 22/08/2023 17:48

LondonLovie · Today 13:28
This sounds like Argos isn't following the consumer rights. I'd definitely be calling up customer services on this one

If you wish to make a complaint you can do so by making contact through any of the channels listed here: By phone - If you'd prefer to speak to someone you can contact us on 0345 640 0700

I went through their customer services first of all, and wasn't happy with their response which was basically what the assistant in Argos told him. So I asked for an email address to write my complaint to them and I'm still getting the same answer.

OP posts:
Original poster
RubieTuesday · 22/08/2023 17:46

BCBird · Today 11:34
They are being unreasonable. I would nit let this go. There is a device that you press that tells u the time. Not a watch, something u would put on s bedside cabinet.

Thanks but it needs to be a watch when he's out and about

OP posts:
Bobishere · 22/08/2023 15:11

DragonFly98 · 22/08/2023 12:19

The issue is Argos offer to open items for you pre purchase he didn't take them up on that offer.

I had no idea they did this!
Gets them round the loophole then