Is Argos being discriminatory?

[RubieTuesday]

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?

And just to say having worked there once upon a time that’s what I and everyone I worked with would have done seeing the outer box, as long as the inner box isn’t damaged and everything has clearly not been used I would have just taken the number from the outer box and put it on the inner box and said I will refund but please make sure you don’t rip the box in future because you may not get a refund as it’s damaged.

@Newyearnewjobnewlife Exactly what I would have done.

Also, if it was ordered online and delivered, you can arrange a return through the chat function on the website. A delivery driver will come and pick it up, 9 times out of 10 they don't even check what is in the box. Once it's been picked up you get an email confirming the refund.

People that are adamant it isn't discrimination when they clearly have NO understanding of equality law is infuriating. The policy of refusing a refund to anyone in this situation is more likely to have an disproportionately adverse effect on an elderly and/or disabled individual. This may amount to indirect discrimination. However, indirect discrimination can be legal if it is a proportionate mean of achieving a legitimate aim. It's complicated, and you'd think Argos would realise that this is a potentially messy PR situation and just refund the £18!

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

You can

If stores sell an item that's described as a disability aid, they need to let you see the thing from all angles before you buy it.

It’s not discriminatory but they are being awkward.
The white outer box even says on it to remove to display it. So if they ever sell the display item it would be in the same condition as this one being returned.
Take it back to a different branch with just the receipt not the outer box.

It wouldn't though because the staff would not have ripped/scissor cut the outer box.

They would have made a clean slit through the tape so that it could be re-taped back up cleanly.

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

VegetablesFighting - You used to be able to do a "look only" at Argos so you could see what the product was like before you bought it. I don't know if they still do that.

I took some curtains back to Argos and they initially refused a refund as they were not folded back into packaging correctly.
I then went to jewellery counter, took them out and folded them up absolutely as they had been purchased. Took the whole of the counter and the staff just stood back and watched.
Once completed I joined the end of the queue and again requested to return them.
They did, looking very stone faced.

The issue with Argos is purchases are not covered by the "distance selling" policies but you are ordering from a catalogue as apposed to buying off the shelf.
If there is a genuine reason for returning an item that is not obvious from looking at the catalogue you would think they should return.
They don't like it though.

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

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

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.

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

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.

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.

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.

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 🤦‍♀️

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

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?

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?

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