Raw Deal: The Dark Knight returns – eventually – after a wheely annoying delay

JAMES SWANKIE was gutted when he discovered the Batman Bike he bought as a Christmas present for his four-year-old son was broken.

He had spent Christmas Eve trying to build the gift, which was top of his excited wee boy’s wish list.

“I soon realised it was faulty and not fit for purpose,” he said. “My partner and I were extremely annoyed as this was the main present our son had requested.

“I had to tell young James the bike had to go back and he was very disappointed.”

A week earlier, factory worker James, of Arbroath, had paid £89.99 for the toy from his local Argos store.

He returned to the shop on Boxing Day to obtain a replacement but was told it would not be back in stock for a few days. He was offered the option of a gift card to the value of the bike.

But he chose to wait and three days later his partner returned to the store, only to be told it would not be back in stock for at least another week.

By January 11 there was still no sign so James asked for a refund.

“After 16 days waiting I was furious,” he admitted.

Got a consumer problem? The Sunday Post’s Raw Deal team can help

James said that, despite his protests, he was then told he wasn’t entitled to a cash refund.

The 22-year-old then contacted Raw Deal about his situation and we advised him of his rights.

We pointed out the terms of the Consumer Rights Act 2015, which states a customer’s contract is with the seller, not the manufacturer.

That means it is the seller who is compelled, by law, to provide a full refund.

Armed with this information, James then called Argos customer services staff who confirmed he was indeed entitled to a cash refund. However, he was also advised that if he still wanted a replacement bike it would unfortunately not be back in stock until the end of March.

“I was extremely disappointed with the way Argos in Arbroath attempted to deal with my complaint,” said James.

“You would think that knowing customers’ rights and the ability to provide an immediate refund would be basic stuff.”

While he was deciding what to do next, James received news from Argos that a replacement bike had in fact been found and it would be delivered to his house the next day. He accepted the offer.

The gift was almost a month late in arriving, but his son is now “over the moon” with his present.

“He rides it every day and is delighted that Santa finally came through,” said James. “I can’t thank Raw Deal enough for helping resolve this. You have been fantastic.”

An Argos spokesperson said: “We’ve apologised to Mr Swankie for his experience and made sure his son received his new bike.”

If you have been refused a repair or replacement in similar circumstances, write to Raw Deal. Remember:

l If you return faulty goods to a shop within 30 days, you are entitled to a refund.

l If you return faulty goods between 30 days and six months after purchase, you are entitled to a repair or a replacement.

The retailer must effect a repair, or return it to the manufacturer for work. If the repaired or replaced item is still faulty, you are entitled to a refund.