Argos - Failed Delivery

[GR McD]

On 30th April, I placed a large order with Argos online. Fridge freezer turned up when it was supposed to to, as did the kids bike and single bed frame. However, the set of garden solar lights I ordered have not arrived and despite chasing every week they have never been able to give me any explanation other than goods coming direct from supplier and they will chase it up.

 

I have now reached the end of my tether as on 31st May I was told they would contact me in 48 hours with the suppliers response. I have of course heard nothing from them so emailed them to say cancel the order and refund my money ASAP.

 

They have responded with this: I am sorry to read that you wish to cancel your order. I have notified the supplier of your desire to cancel. Once the order is cancelled, the refund of £25.99 may take up to five working days. Please note, in the event that the goods have already been despatched, a free return will be necessary before the refund will be possible.

 

I am not at all happy with this response as surely the cancellation should be immediate and the supplier must be able to say if items have been sent or not. Instead I am left kinda hanging not knowing if they will eventually turn up or I will get my refund soon.

 

Can someone give me advice on how to handle this please as I'm about to go off the deep end! Yes it's only £25.99 but they've had my money for over a month now.

[GR McD]

Sorry for perhaps not being clear in my original post but rather than a general moan about Argos I am hoping one or more of you knowledgeable caggers can give me some advice and some legalese for contacting them.

I guess my questions are:

My contract of sale was with Argos I believe, as they sold the goods and took my money, is this correct?

Are they in breach of contract due to their failure to deliver and failure to resolve my complaint?

Should I get an immediate cancellation of contract?

Does this then mean Argos should refund my money straight away?

Are there any specific phrases I should quote when contacting them via email?

Should I be giving them a timescale in which to resolve this before I escalate it?

If I should need to get a body involved would it be Trading Standards?

 

All help and advice most gratefully received!

[raydetinu]

Sorry for late response, presume you have got your refund by now.

you are covered under the Distance selling regulations and your are correct Argos are the seller.

They have 30 days to refund your money from cancellation of the order and that is not dependant on the goods being returned.

If they are despatched it is up to them to arrange for collection/postage.