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Problem returning something to Comet

Apologies if this is in the wrong place.

I bought a phone last week at Comet which said it was handsfree.

Everyone I spoke to this week (about 12) said they couldn't hear me (unless I held the phone to my mouth, which then meant with the speakerphone on it deafened me).

I went back to Comet where I bought it and politely asked for a refund, on the grounds that it did not do the job I bought it for.

They spent 30 minutes testing it, and said if it was poor quality it is the manufacturer's fault and Comet would not get involved. Only if it was faulty could they refund the purchase.

Of course I asked for the manager but they were adamant. Their testing showed it worked as a phone and that was that.

Do I just accept that I have lost out and put it on eBay or should I take it further with Comet?

Advice greatfully received, thanks, Dave
«13

Comments

  • Well if you can hear anything then surely its faulty? what tests did they do?
  • IvanOpinion
    IvanOpinion Posts: 22,293 Forumite
    First Anniversary First Post Combo Breaker Name Dropper
    I have had a similar phone and put up with it because hands free was not a major issue for me. However I would defintiely approach this based on 'fit for purpose'. Comet can not fob you off .. are they saying they deliberately sold you shoddy goods by blaming the manufacturer?

    I would ask for a credit or a different brand

    ivan
    Past caring about first world problems.
  • zx2011
    zx2011 Posts: 309 Forumite
    Combo Breaker First Anniversary
    This covers everything you need to know.
    Your rights - Goods
    http://www.consumerdirect.gov.uk/your-rights/fs_c04.shtml

    A quick summary

    The law says that goods must be:
    o Of satisfactory quality
    o Fit for their purposes, including any particular purpose mentioned by you to the seller
    o As described
    o You have a right to 'reject' faulty goods.

    No excuses

    The law says it's up to the seller to deal with complaints about defective goods or other failures to comply with your statutory rights. Don't accept the excuse that "It's the manufacturer's fault," although you might also have additional rights against the manufacturer under a guarantee.
  • smcaul
    smcaul Posts: 1,088 Forumite
    Kick up a stink, Comet are always trying to write their own consumer laws, they need to be taken down a peg or 2. You have every right to reject item if it does not do what it says. Also ask them what qualifications they have to test the equiptment. I once had a problem with a DVD player from comet, took it back cos picture went funny, little oik on CS desk went off for 20 minutes, came back and said the display was fine, I asked him how he knew and he said he had just "Tested" it out the back. I pointed out that it takes on average 1 hour to show the fault and then asked what his qualifications were to conduct such a test? I also eneded up with a £10 voucher from head office as they had wasted 20 minutes of my time by playing such stupid games.
  • hjb123
    hjb123 Posts: 32,002 Forumite
    Just out of curiosity and interest which phone was it?
    Weight Loss - 102lb
  • mrbnewc
    mrbnewc Posts: 42 Forumite
    I absolutely despise Comet. I have also experienced problems in the past with a mobile phone bought from them and they blamed it on the manufacturer.

    I agree that you should kick up a stink. If doesn't have handsfree like it was meant to, then they have sold you a product which doesn't match its description and is therefore not fit for the purpose you bought it.

    Good luck - don't back down!

    MrB
  • littld
    littld Posts: 122 Forumite
    hjb123 wrote:
    Just out of curiosity and interest which phone was it?

    It's a BT Freestyle 2200.

    It's a great phone except that the speakerphone is useless.
  • littld
    littld Posts: 122 Forumite
    Okay just spoken to Head Office.

    They have said that I need to discuss it with the manufacturer as they will only accept faulty goods which the store believes are faulty.
  • littld
    littld Posts: 122 Forumite
    OK now spoken to BT. They say they don't manufacture them, they just put their logo on them. They have said since I have not bought anything from them, they are not responsible.

    They have suggested I go back to Comet.
  • hjb123
    hjb123 Posts: 32,002 Forumite
    Sounds like you are getting passed from pillar to post here!

    Take it back and say it is faulty, the handsfree doesnt work, if it doesnt work that way just say it is faulty some other way and get your money back!

    If you dont want to go back to the store you have been dealing with go to another one if possible!
    Weight Loss - 102lb
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