Which? finds concerns with Argos’s online returns policy

David Hindley bought a microwave online from Argos using its click and collect service, Fast Track. But he soon realised, after plugging the appliance in, that he didn’t like the functionality of the controls.

When David tried to take the microwave back, the sales assistant refused the refund due to the fact he’d already plugged in the machine.

She also told him that the Consumer Contracts Regulations (CCRs) did not apply to his purchase, as it was a click and collect order.

The CCRs are an important protection when buying goods online, allowing you a minimum of 14 days to inspect your order in real life and decide whether to keep or return it.

In Which?’s view, these return rights should cover all online orders (regardless of delivery or pick-up method). But the Argos sales assistant informed David that the CCRs do not apply to purchases made via its click and collect service. ‘She agreed that if the order was delivered to my home, the regulations would apply,’ David recalled.

Which?’s concerns with Argos’s returns policy

David’s experience has highlighted some concerns with Argos’s returns policy.

The retailer’s T&Cs state that items can only be returned if they’re unused.

But under the CCRs, retailers are only able to refuse full refunds for online returns if a customer has ‘handled’ a product beyond what is necessary (therefore diminishing its value) to establish the nature, characteristics and functioning of it.

As David had only plugged the microwave in to see how it functioned, it appears unreasonable for Argos to refuse his refund.

Which? also does not agree with how Argos is defining its click and collect sales.

Argos told us that the CCRs do not apply to its click and collect sales as these purchases, it claimed, are completed in-store, where the consumer and trader are both present. Click and collect orders are therefore governed by its T&Cs, which provide a 30-day returns window for both click and collect and online orders, subject to the retailer's returns conditions being met.

But in our view, click and collect purchases are orders made online and should be treated as distance contracts. Click and collect orders are therefore likely covered by the CCRs, which guarantee you additional online return rights when compared with in-store purchases.

Which? contacted Argos about David’s experience. It said: ‘We understand our customers may change their mind about an item, so everyone has 30 days to return which exceeds the statutory minimum. Like many retailers, we’ll issue a refund as long as it meets the conditions clearly stated on our website. In this case, the customer acknowledged that the item had been used and so we explained that he was unable to return it.’

It also told us that any customer purchasing or collecting a product in any Argos store can ask to inspect a product before taking it away.

After Which? contacted Argos, it did refund David but only as a gesture of goodwill.

What are my click and collect return rights?

The cooling-off period starts from the moment you place your order and ends 14 days after the day you receive your goods.

Crucially, this period means that your order can be returned for any reason. This is because, as you’ve ordered from a distance, you wouldn’t have been able to properly inspect the product before buying it.

A deduction up to the full price can be made if the value of the goods has been reduced as a result of handling the goods beyond what is necessary to establish how it works and functions, particularly if it goes beyond what might be reasonably be allowed in a shop.

The easiest way to exercise this right is to contact the retailer you’ve bought from and tell them you want to cancel.

If the retailer does not cooperate with your refund request, as we saw with Argos, you can use our letter template to challenge them.

If you paid by credit card, and your order cost more than £100, you can make a Section 75 claim with your bank, or if you paid by debit card, you can try a chargeback claim.

You can also lodge a formal complaint with Trading Standards via Citizens Advice through its Consumer Service.

Retailers must be clear and transparent to consumers about their rights.

• Read more: how to return something bought online

How to complain about a retailer’s unfair returns policy

When you buy something, you enter into a contract with the retailer. Companies can decide which terms and conditions to use in their contracts, but these can't be unfair.

Terms which aim to take away your consumer rights are likely to be considered unfair but it’s usually up to a court to rule if a term is unfair.

If you think a retailer’s returns T&Cs could be unfair, you can challenge them by using our template letter to complain to the retailer.

If you don't reach a resolution, you can escalate the complaint to the relevant Ombudsman.

If you still can't reach a resolution, you can try the small claims court if the amount involved is below the small claims limit (£10,000 in England and Wales or £3,000 in Scotland and Northern Ireland).