Am I Right To Be Feeling This Way?
Family Life2 mins ago
No best answer has yet been selected by chazza. Once a best answer has been selected, it will be shown here.
For more on marking an answer as the "Best Answer", please visit our FAQ.I think you may have to sit this one out and just wait for your refund.
My understanding of these things is that being given a delivery date does not constitute a 'contract' in legal terms. There is usually some small print that says that it is just a suggested delivery date and that no reponsibility can be accepted for failed delivery etc. etc.
This is a pain when you've had to take time off and waited in all day, I know, but there's not really alot you can do.
If the delivery / receipt of goods date was critical, the order should have been marked 'Time Is Of The Essence', the provider given the option to accept the order, and the necessary arrangements agreed.
Argos would probably have declined to accept this kind of order, as their workflow is probably not set up to implement it, and they would not want to risk a possible penalty or order cancellation if delivery wasn't made on a specified date.
I'm not sure about your statutory rights to cancel your order because of this, but I should imagine that Argos will accept it under their 'satisfaction guaranteed' or somesuch 'promise' - though I have a feeling that they are not obliged to accept the cancellation of your order, as they would be allowed 'a reasonable time' to fulfill your order. ('Reasonable' is one of those unspecific terms in law - but I think allowing 30 days to fulfill your order would be deemed 'reasonable')
If they have agreed to you cancelling, just accept that you may have to sit it out while you wait for your refund.
Your credit card compnay should pu the amount into query - this will show up on your statement and they will not charge you any amount for this disputed amount. They will then investigate your claim (after all tehy need to make sure you haven't received it and are pulling a fast one) which obviously takes time.
Once they have establishde that you are not in possession of the goods, they will refund your money. Obviously you are not out of pocket in that time as they will not charge you interest.