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Dispute with Argos - unsure where I stand

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  • Dispute with Argos - unsure where I stand

    My partner and I ordered a 3 door corner wardrobe from Argos for £135.99 plus delivery, didn’t think it was a bad deal considering their own brand products aren’t of the best quality so we paid online and had it delivered a couple of days later.
    2 boxes arrived and upon assembly I started to realise there were parts missing, like half of the wardrobe. I called customer services and said it seems like you can buy it as separate components maybe and you’ve only sent me one by accident. The lady I spoke to read through the entire description and price and confirmed that this was all sold as one piece and I should’ve received the full wardrobe. I was then advised that the rest of the wardrobe had somehow gone out of stock and it could take up to a month for us to receive it but we agreed as we could’ve used the space we had until the rest came. Anyway my partner did some digging via twitter as she wasn’t best pleased that we were going to have to wait up to a month to receive the rest of the product considering it was listed as New on the website and we were able to buy it without any out of stock warning. We were informed by Argos that their had been an issue with the manufacturer and they had changed the specifications in regards to how many boxes the product should be packaged in and that there should be 3. So we asked them to just send it, as you would right? And after some further digging they then admitted that the description and price on the website was wrong and that the £135.99 was just for the corner of the wardrobe and not the full piece itself. When we asked how this was going to be rectified we were told (and we have all correspondence as proof) that to compensate the customers affected we would be receiving the rest of the product completely free of charge, and again we clarified that we wouldn’t have to pay anything further to which they agreed. We didn’t hear anything back so chased them up again and were chatting with the same person, who then advised us that if we wanted the full product we had to buy the second half of the wardrobe for £200 plus a 10% discount as a goodwill gesture and at saying they are not obligated to give us the full product that we ordered and that the corner that we received we’ve had cheap anyway as it is now listed on the site as £165.
    Can someone please tell us where we stand?
    We actually want the wardrobe, a friend and I took a day off work to put it up and it’s a huge inconvenience to do it again to send it back and be refunded.
    Tags: None

  • #2
    Okay, so when you buy something you enter into a part of contract law "invitatio ad offerendum" or invitation to treat. Basically you are entering into a negotiation to buy something and making an offer to buy at the listed price. The retailer in taking payment accepts your offer (subject to their terms) and you have entered into a contract for those goods.

    The important things are the original advert and Argos terms because these are what formed your contract, as Argos have accepted you together entered into a contract to purchase the full wardrobe at £135 they have to honour that contract.

    The correspondence you have in invaluable in that it states what their resolution to the matter is and the subsequent changing of mind by them is not acceptable to you.

    In the first instance I would make a complaint to them, written, stating they accepted your invitation to treat for the whole wardrobe meaning they entered into a contract for it and agreed on X date further to provide it, that is the only acceptable resolution to you of the matter. I wouldn't threaten anything legal just yet, just let them know you are unhappy, know your position and ask them to do the right thing.
    COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

    My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

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    • #3
      Hi and welcome
      To simplify the tale of woe:
      You ordered a wardrobe from Argos
      Argos failed to fulfil their side of the original contract to supply the complete wardrobe.
      They then claimed it was an error on their website, but they would send the rest of the wardrobe anyway.
      Now however they want you to pay for the missing parts.

      Write to them requesting delivery of the missing parts, and warn them that if they fail to do so within x number of days you will initiate a county court claim for breach of contract
      Last edited by des8; 15th February 2019, 11:33:AM. Reason: crossed with Jaguarsuk and good to see we sing from almost the same hymn sheet

      Comment


      • #4
        Thank you both that’s really helpful.

        Comment


        • #5
          If you paid by credit card, you can include the card company in all this!

          Comment

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