Written contracts
7.—(1) A seller or supplier shall ensure that any written term of a contract is expressed in plain, intelligible language.
(2) If there is doubt about the meaning of a written term, the interpretation which is most favourable to the consumer shall prevail...
Reg7, The Unfair Terms in Consumer Contracts Regulations 1999
legislation.gov.uk/uks…ade
The t&c clause referenced by the seller is:
Eligible trade in devices are any devices that are listed on the Argos Trade In website, with a trade in value. Any device not listed is not eligible for the promotion.
The
meaning of a written term... which is most favourable to the consumer
is the the literal statement that your device was unquestionably allocated a trade-in value:
of £0,
as seller could have simply expressed that model as qualifying for
\"free recycle service only\",
and / or presented the contested t&c clause
in plain, intelligible language
possibly refined to something similar to
Eligible trade in devices can be identified on the Argos Trade-In website.
Any device not listed or having £0 trade-in value is not eligible for the promotion.
Devices having £0 trade-in value will be accepted for recycling service only.
Additionally:
not seen the text of the automated email indicating (confirming?) £125 voucher will be issued but if deemed to be part of the contractual journey (and/or detrimentally misleading) then when combined with above you could likely indicate you have suffered loss,
and losses are generally recoverable should you choose to be firm, have the patience of a saint and are prepared to throw money and time at a few letters/postage; likely progressing to additional £35 minimum to Moneyclaimonline - recoverable should MCOL find in your favour.
Minor note that you would be claiming for cash, against a value-less virtual(?) voucher that only has monetary value when redeemed.
If seller (Likewize Services UK Ltd) remains obstinate, maybe the first approach would be to request Argos offers opinion of its partner's questionable procedures / practices?"},{"@type":"Comment","@id":"https://www.hotukdeals.com/comments/permalink/52282085","author":{"@type":"Person","name":"PS5"},"datePublished":"2024-02-27T09:16:55.000Z","text":"- Must have a trade in value
You could argue that they showed trade in value as £0 which means it was assigned a trade in value"}],"commentCount":5,"interactionStatistic":4,"articleSection":"Ask"}