item bought on 3 for 2 faulty - no longer in stock

KAGY

We bought three of a certain toy in Argos's 3 for 2 offer, one of which has developed a fault.
When we brought it back we where told that there's none in stock anywhere in the country and they wouldn't give us a refund because it was "basically free" Our only option according to the assistant was to wait and see if they are in the new catalogue, in which case we could get a replacement.
Should we be able to get a refund even though it was part of a three for two offer?
Are we stuck with a broken toy if it's not in the new book?

Thanks for your help

fro9etb8j5qsl2

Same thing happened us and we pushed and pushed and got a refund. However the faulty item wasn't listed as the third 'free' item on the receipt. At the very least, you should be able to swap for an item of equal value.

fro9etb8j5qsl2

Also, if they do let you swap for a different item, the item will have to be a toy that was originally included in the 3 for 2 offer.

davo10

You may be entitled to one of the three "R's", in this case they have chosen refund but as it was "free" then nothing is due. You could bring all three back and ask for a full refund if the "two" price.

slimjimmc

It's usually the cheapest item that's given 'free' so if the broken toy is not the cheapest of the 3 you could argue it's not free.

HorseSea

3 for 2 is basically one third off, so as you say you bought three of a certain toy, how are they to know which was the free one. You should be entitled to a replacement or as that is not available a refund of the price less 33%.

meath4sam

HorseSea wrote: »

3 for 2 is basically one third off, so as you say you bought three of a certain toy, how are they to know which was the free one. You should be entitled to a replacement or as that is not available a refund of the price less 33%.

It's more like buy 3 different items and get cheapest free.

HorseSea

meath4sam wrote: »

It's more like buy 3 different items and get cheapest free.

OP said "three of a certain toy"

KAGY

Delilah Hallowed Game wrote:

Same thing happened us and we pushed and pushed and got a refund. At the very least, you should be able to swap for an item of equal value.

I'm going to try a different store to see if I get the same story. If i do get the same I'm going to get something in writing and wait until the new catalogue.
Otherwise I'm going to push for a repair ( which I'm sure won't be cost efficient for them)

davo10 wrote:

You may be entitled to one of the three "R's", in this case they have chosen refund but as it was "free" then nothing is due. You could bring all three back and ask for a full refund if the "two" price.

That would put Santa himself on the naughty list :-)

HorseSea wrote:

3 for 2 is basically one third off, so as you say you bought three of a certain toy, how are they to know which was the free one. You should be entitled to a replacement or as that is not available a refund of the price less 33%.

I'd expectt this as a minimum


Thanks all for your comments!

BTW it was three furbies

slimjimmc

As you've 3 identically priced toys the shop have no way of identifying which was the free one so cannot legitimately refuse you. Trying another store is a good option and if the counter staff can't help ask to speak to the manager.

KAGY

Delilah Hallowed Game wrote:

Also, if they do let you swap for a different item, the item will have to be a toy that was originally included in the 3 for 2 offer.

Actually just talking to Mrs kagy (who did the actual bringing back) this was actually offered, but Santa gut this so "why can't the elves just fix it!"

HorseSea

KAGY wrote: »

Actually just talking to Mrs kagy (who did the actual bringing back) this was actually offered, but Santa gut this so "why can't the elves just fix it!"

In fairness, I don't think that Argos are responsible for shoddy work at the North Pole, they can only replace if they still stock the item. Anyway, aren't all the elves getting off their heads on eggnog for their holidays at this time of year? :eek:

the_pen_turner

surely there is a difference between buy 2 get one free and buy 3 for the price of 2

in a buy 2 and get one free it would depend on which item was broken. if it was one of the 2 then you would have the 3 Rs if it was the free item then you would only have repair and replace. no money to refund

when its 3 for price of 2 (usually used where the items are priced the same ) then you are paying equally for each item of the 3. in this case you would have all 3 Rs

slimjimmc

the_pen_turner wrote: »

surely there is a difference between buy 2 get one free and buy 3 for the price of 2

in a buy 2 and get one free it would depend on which item was broken. if it was one of the 2 then you would have the 3 Rs if it was the free item then you would only have repair and replace. no money to refund

when its 3 for price of 2 (usually used where the items are priced the same ) then you are paying equally for each item of the 3. in this case you would have all 3 Rs

The "3 for 2" title can be interpreted to refer to either option you described but it's clearly a buy 2 get 1 free offer regardless of how it's named. These are the T&Cs from 2014's offer . Can't find details from 2015's offer but I've no reason to believe it's any different.

Terms and Conditions
Offer is valid between 05/11/2014 and 11/11/2014
Cheapest item free.
Offer is available in store at the till.
All items are subject to availability.
If qualifying items are returned under the 30 day guarantee, only the discounted price will be refunded.
3 for 2 on toys is not available in conjunction with our 2 for €20, 2 for €40, 3 for €12 etc toys promotions but is available on all other offers
Promoter is Argos Limited, with Registered Address, 489-499 Avebury Boulevard, Milton Keynes, MK9 2NW. Registered in England and Wales, with company number 1081551

the_pen_turner

slimjimmc wrote: »

The "3 for 2" title can refer to either option you described but it's clearly a buy 2 get 1 free offer regardless of how it's named. These are the T&Cs from 2014's offer . Can't find details from 2015's offer but I've no reason to believe it's any different.

in this case you are correct because its in the t and cs but I think in general there is a huge difference between the two if its unspecified.
I would assume (a dangerous thing) that any lawyer would see a diference

KAGY

Just to follow up:
I went back and as expected it wasn't in the new catalogue so again I was offered an exchange for somethingg of equal value, which I politely refused saying I needed to by a replacement, and I then got a refund of the catalogue price. I was just chatting to the assistant as the refund was going back on my card, mentioning the prices I found online £70+ he said the was one thing he could try and proceeded to check every variation of the furby that could be in stock in other stores. Turned out there was one in Liffey valley, he reserved it for me there and then, i drove up and picked it up
Tl;dr
Got full refund but assistant found the one remaining furby in another store which was reserved and bought for same price.
Can't fault that service