gift card for refund

[James]

Hi
Quick consumer rights question for the expert panel.
If I use a reward (Nectar) card to buy from a participating retailer (Argos), and then wish to refund the item, can they insist on only refunding with a gift card that must be used at their shop? If I'd paid cash they would have to pay back in cash, no? Or could they do this no matter what payment?
J

[Gersemi]

Hi
Quick consumer rights question for the expert panel.
If I use a reward (Nectar) card to buy from a participating retailer (Argos), and then wish to refund the item, can they insist on only refunding with a gift card that must be used at their shop? If I'd paid cash they would have to pay back in cash, no? Or could they do this no matter what payment?
J

Unless the goods are faulty they are under no obligation to allow you to return the item at all, there is only their own policy on the matter. So if their terms are that goods purchased with a reward card can only be returned for a refund via a gift card you have no legal right to anything else.

If the goods are faulty then it would be different, I don't know what the position is then.

[gryffron]

If the item is faulty then you have a legal right to a full refund. Consumer Rights Act 2015. They can offer replacement item or credit note, but you are not obliged to accept.

If you ordered online, you always have a right to return within 7 days for a full refund, even if you collected it from the store yourself.

But if you bought instore then, as Gersemi has said, no legal right to return at all. You are at the mercy of their policy.

I don't think you necessarily have a right to cash. Even if you paid cash. No UK law demands cash. And it is easy to forsee situations where this would not be possible.

Gryff

[PinkDalek]

https://www.nectar.com/about/privacy-and-legal/rewards-conditions includes re Argos:

7. Argos reserve the right to issue Argos Gift Cards redeemable in Argos stores only in respect of items purchased using Nectar points which are subsequently returned or cancelled.

[jfgw]

Most high street chains have a published returns policy. This, I understand, forms part of the contract and they have to abide by it, i.e., if they say you have 30 days (for example) to return unwanted goods for a full refund, they have to give you that refund even if the goods are not faulty.

Regarding items purchased from Argos using Nectar points,

How do I return something that was partly or fully paid for using my Nectar points?

Return your item as you would normally. We’ll refund the Nectar portion of your payment as an Argos Gift Card (as we’re not able to refund your Nectar points).

The remainder, where applicable, will be refunded via the original payment method, such as cash or payment card. If you’re returning an item in-store, you’ll need to do this at a staffed till.

https://www.argos.co.uk/help/faq/72574


Julian F. G. W.

[gryffron]

https://www.nectar.com/about/privacy-and-legal/rewards-conditions includes re Argos:
7. Argos reserve the right to issue Argos Gift Cards redeemable in Argos stores only in respect of items purchased using Nectar points which are subsequently returned or cancelled.

Statute law always trumps a contract. So would this apply to a statutory return?

Perhaps they could argue you didn't pay actual money in the first place, only reward points? Although refunding non-transferable Argos vouchers for somewhat-transferable Nectar points doesn't sound like a "full refund" to me. IANAL.

[Clitheroekid]

https://www.nectar.com/about/privacy-and-legal/rewards-conditions includes re Argos:

7. Argos reserve the right to issue Argos Gift Cards redeemable in Argos stores only in respect of items purchased using Nectar points which are subsequently returned or cancelled.

Without having actually researched the question I'm virtually certain that if the product was defective they would have to refund you in cash.

The reason I say that is that it's Argos's decision to accept payment for the goods in Nectar points. They gain an advantage from doing do so as it increases their sales.

However, the customer has not agreed to take a gift voucher instead of cash if the product's defective, and there is only disadvantage to them in such a deal. Consequently, the deal is entirely one-sided and therefore unfair.

So far as the condition in their T's and C's is concerned I don't think for one moment that it would stand up to the provisions of the Consumer Rights Act 2015. Unless Argos had specifically pointed it out to the customer at the point of purchase it's 99.999% certain that the customer wouldn't have been aware of the condition when they purchased the product, and the chances of it being accepted by a court as an enforceable term are minimal.

If the product was not defective, so that Argis had no obligation to offer a refund then yes, the condition would probably work, as Argos are effectively making an ex gratia concession anyway, and if the customer demanded cash they could just stand by their legal rights and - no doubt with considerable relish - tell the customer to do one!