Probably shouldn't have accepted credit note

Flippyfloppy

Last summer I bought a smart trike 4 in 1 from Argos for my LO. All was well, it got infrequent use, was always stored correctly.

The other week we were walking along a pavement with LO strapped into trike, LO starts panicking & getting upset (16 months old) we look to see what the bother was, and turns out the seat of the trike is just balancing on top of the bike frame.

It should have been welded together but it just came apart! We were lucky because we got to LO before there was an accident, from reading online it's quite a common thing and some injuries have been caused to other babies.

We hadn't kept our receipt for the trike as we loved it and didn't want to return it. We found proof of payment on our bank statement though. I was quite dubious about the reception we'd get in argos as I always see people fighting with the customer service there.

We were lucky enough to be served by a nice guy, however he said he had to put the funds onto an argos gift card because my bank card number had changed and he would have only been able to refund back onto the card I bought it on. We accepted as he said it was valid for three years, and we just relieved to be getting a refund.


Now that we're scouring the argos catalogue trying to figure out what to buy. Things are tight financially for us, and I don't want to just buy something for the sake of it. The money would have ideally gone towards a new lightweight buggy for LO, I just don't really like argos products, even their other brand name stuff seems bad quality somehow.

It's quite annoying that now we're basically after pledging to spend our hard earned money in argos when we don't want to ...

McLoughlin

Sell the voucher on to someone else.

D3PO

i dont know why your complaining. With no reciept they could have told you to bog off and you would have had no comeback at all.

also what nonsense about the quality of argos products they dont make the stuff so whatever you buy there is the exact same as the quality fo said product bought in a different shop.

i get it that your financial situation is bad now but thats not argos's fault. Get your child something to replace the trike they now no longer have or put it towards this buggy you want to get and be thankful that Argos went above and beyond your entitlement.

Flippyfloppy

D3PO wrote: »

i dont know why your complaining. With no reciept they could have told you to bog off and you would have had no comeback at all.

also what nonsense about the quality of argos products they dont make the stuff so whatever you buy there is the exact same as the quality fo said product bought in a different shop.

i get it that your financial situation is bad now but thats not argos's fault. Get your child something to replace the trike they now no longer have or put it towards this buggy you want to get and be thankful that Argos went above and beyond your entitlement.

I get what you're trying to say, however the trike was faulty, it fell apart, and was extremely dangerous. Most other people I spoke to said the retailer sent the trike back to the maker, so that's what I was expecting. Don't get me wrong, I'm happy they refunded it. I'm just not going to buy another smart trike, and argos don't actually stock anything I want.

Flippyfloppy

McLoughlin wrote: »

Sell the voucher on to someone else.

Would you like to buy it

dudara

OP - what does "LO" mean? I'm guessing it's "Little One"? Please don't use acronyms like that as not all posters are familiar with them.

Technically no, you should have received a refund via the original method of payment. However, the change in bank card probably makes it a little harder to verify, and if you were happy to accept the credit note, then that closes out the transaction.

If it's valid for 3 years, you can hang onto it, and use it at some stage, perhaps during a sale.

whomitconcerns

Not really a consumer issue tbh. Sorry for your trouble but argos did more than enough here.

Flippyfloppy

dudara wrote: »

OP - what does "LO" mean? I'm guessing it's "Little One"? Please don't use acronyms like that as not all posters are familiar with them.

Technically no, you should have received a refund via the original method of payment. However, the change in bank card probably makes it a little harder to verify, and if you were happy to accept the credit note, then that closes out the transaction.

If it's valid for 3 years, you can hang onto it, and use it at some stage, perhaps during a sale.

Noted regarding use of LO, just didn't want to give too much info regarding my child.

Flippyfloppy

whomitconcerns wrote: »

Not really a consumer issue tbh. Sorry for your trouble but argos did more than enough here.

Grand just wanted to see what people involved in consumer issues thought.

sawdoubters

http://www.argos.ie/webapp/wcs/stores/servlet/Search?storeId=10152&catalogId=14551&langId=111&searchTerms=trike

Slick50

D3PO wrote: »

i dont know why your complaining. With no reciept they could have told you to bog off and you would have had no comeback at all.
.....be thankful that Argos went above and beyond your entitlement.

The credit card records are accepted as proof of purchase, they could not have told him to bogoff. They sold the OP a defective product, and were obliged to rectify the situation. Argos did not do anything above and beyond that.

D3PO

do you have a link showing where credit card records are accepted legally as proof of purchase ?

dudara

whomitconcerns wrote: »

Not really a consumer issue tbh. Sorry for your trouble but argos did more than enough here.

Please leave the moderating to the moderators.

dudara

@D3PO the NCA advise that bank statements etc will suffice as proof of purchase. It does not have to be a receipt, although that is obviously the clearest proof of purchase.

weisses

D3PO wrote: »

do you have a link showing where credit card records are accepted legally as proof of purchase ?

If you paid for the item by credit card, you could use your credit card statement as proof of purchase

from

http://www.citizensinformation.ie/en/consumer_affairs/consumer_protection/consumer_complaints/how_to_make_a_consumer_complaint.html

TheDriver

Flippyfloppy wrote: »

Noted regarding use of LO, just didn't want to give too much info regarding my child.

A side point but am I the only one who doesn't get this bit? There is nothing identifiable saying my child was on a trike?

Slick50

From the NCA website

While credit card receipts are also accepted as proof of purchase, not all purchases are made through credit cards. In addition, some consumers may not have credit cards.

Argos already accepted it also, when they issued the refund, albeit by gift card. I'm not sure that is legit either.

slimjimmc

Slick50 wrote: »

From the NCA websiteArgos already accepted it also, when they issued the refund, albeit by gift card. I'm not sure that is legit either.

It is, imo.
By law the consumer could have insisted on a replacement, repair or a refund but that does not prevent the consumer accepting any other form of compensation if offered. The OP could have refused this form of refund but that probably would have dragged the refund process out while waiting for bureaucracy.

It is illegal though to say that only credit notes will be issued as a refund as this is a restriction on statutory rights.
http://www.irishstatutebook.ie/1980/en/act/pub/0016/sec0041.html

(3) For the purposes of this section a statement to the effect that goods will not be exchanged, or that money will not be refunded, or that only credit notes will be given for goods returned, shall be treated as a statement to which subsection (1) refers unless it is so clearly qualified that it cannot be construed as applicable in circumstances in which the recipient of the service may be seeking to exercise a right conferred by any provision of section 39.

mathepac

slimjimmc wrote: »

... By law the consumer could have insisted on a replacement, repair or a refund ...

Please do not perpetuate this urban myth. The vendor may offer a repair, refund or replacement at their discretion.

Oryx

mathepac wrote: »

Please do not perpetuate this urban myth. The vendor may offer a repair, refund or replacement at their discretion.

And to make it completely clear, the customer can also use their discretion to reject any offers made.

username123

OP - you got an argos gift card to the value of the refund right?

Stand by the counter in Argos and ask the next person going to the till to use your gift card and give you the cash. Its a no brainer!

emeldc

mathepac wrote: »

Please do not perpetuate this urban myth. The vendor may offer a repair, refund or replacement at their discretion.

I'm getting confused now. So if Argos exercise their discretion and refuse all three, then what?

Oryx

emeldc wrote: »

I'm getting confused now. So if Argos exercise their discretion and refuse all three, then what?

You take it to the Small Claims Court and they decide for you.

emeldc

Oryx wrote: »

You take it to the Small Claims Court and they decide for you.

Thank you. So if most retailers would rather settle than go to court, the customer 'insisting' on one of the three 'R's' isn't an urban myth.

Oryx

emeldc wrote: »

Thank you. So if most retailers would rather settle than go to court, the customer 'insisting' on one of the three 'R's' isn't an urban myth.

It is, though. Because it leads people to believe they can dictate which solution they get. When in reality it has to be an agreement between both parties. In most cases, when both sides are being reasonable, it works out fine.

slimjimmc

mathepac wrote: »

Please do not perpetuate this urban myth. The vendor may offer a repair, refund or replacement at their discretion.

Read it again, this time in context with the rest of the post.
I wasn't saying the consumer gets to decide which of the 3Rs the retailer offers. I was saying those are the forms of redress which the law say the consumer is legally entitled to, and the consumer can insist on getting his entitlements. Which of those entitlements he actually gets is a matter for negotiation or ruling.

emeldc

slimjimmc wrote: »

Read it again, this time in context with the rest of the post.
I wasn't saying the consumer gets to decide which of the 3Rs the retailer offers. I was saying those are the forms of redress which the law say the consumer is legally entitled to, and the consumer can insist on getting his entitlements. Which of those entitlements he actually gets is a matter for negotiation or ruling.

Which is what I was trying to say

Slick50

slimjimmc wrote: »

It is, imo.
By law the consumer could have insisted on a replacement, repair or a refund but that does not prevent the consumer accepting any other form of compensation if offered.

Yes, fair enough. But, insisting this was the only way they could provide the refund, because the OP didn't have the same credit card, is questionable. That may be company policy, but I doubt it has any legal standing, it's the same as offering a credit note. They basically deceived the OP, leaving him/her with the impression he/she had no choice but to accept their offer.

mathepac wrote: »

Please do not perpetuate this urban myth. The vendor may offer a repair, refund or replacement at their discretion.

If this is an urban myth, it is equally a myth that the retailer has sole discretion. Both parties have to agree a resolution. If the problem goes before a judge, he/she will be looking to see what is a reasonable solution, and will rule in favour of whoever has been most reasonable. In this case, Argos have not disputed that a refund was in order. The OP was fully entitled to a refund, and could have insisted on it.
It's a mute point now though, as the gift token was accepted.

lala88

Please leave the moderating to the moderators.
good one

mathepac

Oryx wrote: »

And to make it completely clear, the customer can also use their discretion to reject any offers made.

As stated above already, if negotiations fail :-

" ... If you are not satisfied with the seller's response you may be able to take a claim to the Small Claims Court. If you made your purchase using your debit or credit card you may be able to get your bank or credit card company to reverse the transaction ... " Source:

http://www.citizensinformation.ie/en/consumer_affairs/consumer_protection/consumer_rights/consumers_and_the_law_in_ireland.html

The consumer cannot insist on which remedy is his by right, the seller makes an offer, which if rejected leads both parties to adjudication.

No urban myths about consumers insisting on anything.

mathepac

lala88 wrote: »

Please leave the moderating to the moderators.
good one

dudara

@lala88 - Please do not post off-topic comments

dudara