Undersize shed from Argos

[ajbar999]

Hi all,

I hope someone can provide me with some guidance. I bought a shed from Argos (via the Internet) which was self assembly. I put it together about 10 days after it arrived then maybe a week later I realised that it was smaller than advertised on their website. It's supposed to be 6ft x 4ft but measures 6ft x 3ft6in.
I emailed Argos for their comments. They replied they would exchange it for another one of the same size! I replied that their answer wasn't appropriate so they then replied with an offer of a £10 discount or a full refund. However, the refund is dependent on me taking the shed apart myself. As it took me about 4 to 5 hours to assemble I would like to know whether I am legally responsible for dis-assembly?
I also pointed out to them that the shed is 12% smaller than advertised therefore I should expect a minimum 12% discount of the purchase price. 12% of £109.99 (excl. delivery charge) equates to £13.20. I informed them that if they were prepared to refund me £13.20 then I'd accept and end the matter. I thought this was a fair request - I'm not trying to rip them off. However they replied to say they would not exceed the £10 previously offered to me.
So, for the sake of an extra £3.20 they are prepared to send a van, a driver (maybe another person too as it took 2 to deliver it) to collect a shed which they can obviously not sell on again as new.
Where is the sense in that approach? They stand to lose very much more than the £3.20 extra that I requested.

So:
1. Do I have to take their undersize shed apart prior to collection in order to get a refund?
2. The delivery charge was £8.99 - is this refundable?
3. How do they determine that a £10 discount is appropriate?
4. Can I take this further with the O.F.T. for example due to the shed being undersize? (The website gives very definite sizes of the depth which are definitely not accurate)
5. Any other advice would be most welcome.

Thanks in advance,
ajbar999

 

[Witch consumer]

Firstly goods must be as described obviously this isn't so that is a breach of the sale of goods act.

I think your request is reasonable and you should not be out of pocket so they will also have to refund the delivery.

In addition, I certainly wouldn't be taking the shed apart, it's not your problem but theirs, just tell them to come and collect it but they may need a flat back to do so.

If you search the forum, you will find Argos excel at failing to meet their legal obligations. You are well within your rights to take them to the small claims court to get your money back but first you'll need to go through their complaints procedure which you will find on their website - if you look hard enough.

 

[ajbar999]

Many thanks for your reply - most helpful. Since reading it I have sent a reply off to them as follows:

"Andrew,

I would like to request that you escalate this matter to your manager\someone who is more familiar with the Distance Selling Regulations and\or the Sale of Goods Act.

My previous request for a £13.20 discount (which matched the percentage by which your shed fails to meet the sizes quoted in its description) was not unreasonable. For the sake of £3.20 more than you offered me, Argos will obviously need to send a van, a man (or two, as it took two to deliver) to take possession of a shed which you will obviously not be able to sell on again as new.

Argos stands to lose far more money with this short-sighted approach which makes no financial sense whatsoever. Rest assured that I will not accept your £10 offer and will be requesting a full refund, plus reimbursement of the original delivery charge, unless I receive a favourable response to this email. I also hereby inform you that I am not legally responsible for dismantling the shed prior to collection, therefore you need to take this into account when\if collecting.

Additionally, I will pursue this matter with the Office of Fair Trading due to the misrepresentation of the sizes on your website which remain unchanged despite the fact that Argos is obviously now fully aware that they are incorrect and misleading.

I am now not prepared to accept a refund of any less than £20. This is to cover my time in replying to all of your emails and for the inconvenience caused to myself.

Yours sincerely,
blah blah blah"

I'll update this thread again with their reply

Thanks again!

 

[ALewis]

Favourite shop is Argos.. Other than PC World eh Witch?

 

[Witch consumer]

It is my justification that they would rather send two blokes and a van out to save themselves £3.20 although it does amuse me that they are stupid enough to do it.

 

[ALewis]

It is my justification that they would rather send two blokes and a van out to save themselves £3.20 although it does amuse me that they are stupid enough to do it.

Never underestimate the knowledge of an Argos employee! Lol

 

[ajbar999]

Success - they obviously employ at least one person with a semblance of common sense. I'm ok with vouchers, they'll get spent eventually.

Dear Mr _____,

Subject: Order Number 201208652

Thank you for your email regarding the above order.

I am sorry to read that you are unhappy with the item offered to you.

As a gesture of goodwill for the inconvenience caused, we would be happy to offer you a £20.00 gift voucher to be sent out to you or a £15.00 cheque.

Please contact us on the number below, or alternatively reply to this email, to confirm that you would be happy to go ahead with either of these options.

Once again I would like to apologise for any inconvenience caused.

Should you require any further assistance please do not hesitate to contact us at order.enquiries at argos.co.uk or call us on 0845 640 2020.

Regards,

Argos Direct E-Commerce Customer Service Team.

Thanks again for your advice

 

[Witch consumer]

Good result, well done.

As always you just have to show them you know more than they do.

In this situation, I like to wait until they have a sale on and get even more value from them!

Thanks for the update.