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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:
MrsPinkCock · 22/08/2023 10:15

Well I suppose legally the item is fit for purpose - it just isn’t fit for the exact purpose the elderly gent required it for. So they’re fine to say no. I also don’t think it’s (legally) discriminatory, because you’d have to say that their refund policy had a disproportionate adverse affect on all elderly customers, when actually it just reflects statutory rights and probably doesn’t disproportionately impact elderly people (it just has in this one example).

I am surprised by the lack of good customer service though.

3dogsandarabbit · 22/08/2023 10:33

Just take it back without the outer box on a different day to hopefully a different customer advisor.

Andylippy1 · 22/08/2023 10:57

Argos provide v poor service in my view generally. I would go back on a different day and discuss with a manager. Insist on a refund, refuse to leave without one. They can package the box up no issue and re sell. Staff are very poor trained at these stores unfortunately in customer service and disability legislation. I say this having had many issues with products purchased from argos in the past few years.

LakeTiticaca · 22/08/2023 10:58

It isn't discriminatory because the same rule would apply to a younger able bodied person. However, for such a small amount of money, if I was the argos manager I would refund as goodwill

CurlsLDN · 22/08/2023 11:01

All electricals have a one year return window if faulty, and Argos are very quick to honour this and don’t test the goods… so if you were to walk into a store with it and say it’s not working properly, it’s playing up, intermittent fault they’d give you a refund right away…. Just saying ;)

FeigningConcern · 22/08/2023 11:02

Argos don't give a shit about good customer service which is why I don't shop with them any more.

Good luck with your complaint but I don't rate your chances. I agree that given the circumstances they could have made a goodwill gesture.

NannyGythaOgg · 22/08/2023 11:07

On the other point about talking watches. My Dad had one at least 10 years ago. I think he got it through the RNIB but I believe Amazon also sell them.

Alternatively - Alexa or similar will also tell you the time on demand but of course that only works when close to an Alexa (I love mine in the night. I don't even have to open my eyes to see what ridiculous time I have woken up each day.

LakeTiticaca · 22/08/2023 11:17

FeigningConcern · 22/08/2023 11:02

Argos don't give a shit about good customer service which is why I don't shop with them any more.

Good luck with your complaint but I don't rate your chances. I agree that given the circumstances they could have made a goodwill gesture.

They were bought by sainsburys who also no longer give flying f*ck about customer service

Ellie1015 · 22/08/2023 11:22

Take it back again and say it isn't working. They are being unreasonable.

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

CrabbiesGingerBeer · 22/08/2023 11:25

LakeTiticaca · 22/08/2023 10:58

It isn't discriminatory because the same rule would apply to a younger able bodied person. However, for such a small amount of money, if I was the argos manager I would refund as goodwill

Legally, there’s something called indirect discrimination where rules that apply to everyone have a disproportionate effect on a particular group.

This may or may not fall under that category but any business that tried a defence of ‘but the rule applies to everyone’ without further information would be laughed out of court.

loveclipbook · 22/08/2023 11:27

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

This. You have to buy the item in Argos to see if it meets your needs. In the past I would have said they had good customer service. Is it only since Sainsbury's took them over that they have trained (some) staff so poorly?

VegetablesFightingToReclaimTheAubergieneEmoji · 22/08/2023 11:31

I’m sure they used to have a no quibble return policy on the back of their receipt. I think that disappeared before sainsburys took over though

BCBird · 22/08/2023 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.

TheBarbieEffect · 22/08/2023 11:36

No, it’s not discriminatory. The policy applies to everyone regardless of circumstance.

You won’t get anywhere with complaining because he isn’t entitled to a refund - the item is fit for general purpose.

BCBird · 22/08/2023 11:37

It available at Argod. Think.i have attached below.

Is Argos being discriminatory?
edwinbear · 22/08/2023 11:39

It's really not discriminatory. Does the product do what it says it does? i.e. is it a talking watch? Just because it doesn't do what one particular individual needs it to do, doesn't mean it's not fit for purpose.

Comefromaway · 22/08/2023 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.

ThePastKnocks · 22/08/2023 11:40

Call customer service instead. They've been really helpful in the past. Their stores not so much.

I remember my DM bought a pop up tent for my DC and it wouldn't fold down into the bag, all of us tired but it was impossible. They were trying to refuse the return on the basis it was sold as a 'pop up tent' until my DM said, why does it come with a storage bag to fold away which was mentioned in the description then? She was refused again but then ended up challenging all 4 members of staff on the counter who were all there to put it back in the bag and when they couldn't after a lot of faffing and time wasted in there, they gave up and gave her the refund.

Their customer service in store is not great but I think that might be due to inexperienced staff members and subjective decision making for refunds.

CrabbiesGingerBeer · 22/08/2023 11:40

TheBarbieEffect · 22/08/2023 11:36

No, it’s not discriminatory. The policy applies to everyone regardless of circumstance.

You won’t get anywhere with complaining because he isn’t entitled to a refund - the item is fit for general purpose.

https://www.citizensadvice.org.uk/law-and-courts/discrimination/check-what-type-of-discrimination-youve-experienced/indirect-discrimination/

I’m not saying this is indirect discrimination but saying ‘the rule applies to everyone’ doesn’t mean it isn’t.

Indirect discrimination

Explains what is meant by indirect discrimination, when a practice, policy, or rule applied to everyone puts certain groups of people at a disadvantage.

https://www.citizensadvice.org.uk/law-and-courts/discrimination/check-what-type-of-discrimination-youve-experienced/indirect-discrimination/

Comefromaway · 22/08/2023 11:43

Ok, I've seen the picture now. I would say that he is entitled to a refund the only slight sticking point being how the plain white box has been butchered. It looks like it's been cut open with scissors. I would have slit the tape cleanly with a knife enabling it to be re-sealed, they could say the outer box has been damaged.

Thewizardbinbag · 22/08/2023 11:46

How are they being discriminated against? Do you think Argos would refund a younger, not disabled person and are only refusing to refund because these are elderly disabled people? That would be discrimination. But I just don’t think that’s what has happened.

WandaWonder · 22/08/2023 11:47

How on earth is this discrimination? Another well overused MN word

Summerrainagain1 · 22/08/2023 11:47

It's not discriminatory no. But they could have been kinder.

Newyearnewjobnewlife · 22/08/2023 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.