Comet & a DVD recorder

rchddap1

Unfortunately the item was send off for repair. I'm still going to 'fight' on though. Didn't have a chance to go back to the store to try again, as various things 'happened' yesterday which meant that I could not.

hjb123

Have you tried contacting the store to see if they have sent it off? Though they probably will have by now! Did they give you any idea how long it would take for repair? If it was within a month surely they should just have given you a replacement?

Keep on at them!

rchddap1

They did say 5-10 working days, but we did explain that we're only in the area every 2 weeks and so if this wasn't accurate we wouldn't be able to get it back for up to a month...didn'thave any effect what so ever.

hjb123

You should maybe try ringing the customer services and see what they say should have happened and say that you are unhappy at what has happened and why was there not a staright exchange - it was within a month wasnt it? And was faulty?

rchddap1

It was just out of their 28 days policy of 'exchange or refund'. Anything over that and their 'policy' says you get a repair.

hjb123

Just outside? Ah well. I guess at least they are sending it off for repair - but you would of thought that for a few days they could just of exchanged it!

rchddap1

Had the same thought hjb....even overtly mentioned it, but still didn't work.

hjb123

Ah well was worth a try - if you dont ask you dont get!!!!!

rchddap1

Here's comet's first response

Thank you for your e-mail.

Nowhere in the Sales of Goods Act does it state that a customer is entitled to a refund for the first 6-months of purchase. For the first 6-months of purchase, the burden of proof to show that the fault was not inherent at the time of sale lies with the manufacturer, but this bares no relation to whether the item should be refunded or not.

Before coming to any decision on how to proceed in this matter, we are entitled by law the right to inspect this machine and confirm the unit as faulty. We are allowed a reasonable amount of time to do this and are allowed to use whichever agents we feel best qualified to use.

According to the Sales of Goods Act, if goods do not conform to contract at the time of sale consumers can request their money back "within a reasonable time". As your DVD player was working for 34 days we do not feel that this shows the fault was inherent at the time of sale and would look to repair thisitem.

I appreciate that this is a frustrating time for you, however you are not entitled to a refund of this item and we shall look to repair this fault. Comet works extremely closely with Trading Standards to ensure all of our policies fall within the confines of the law, and we have not breached any trading or consumer regulations in this instance.


Comments on my response?

IvanOpinion

Did a quick google for 'sale of goods act' (UK pages only) and this was the first hit (note it is not the full act just the key points). I have underlined some possible points. Its a pity you are outside of the scope for a refund but I would be very against accepting a repair ... although from the points below it is not clear if you can force a replacement .. it only says you can 'request' (whatever that means) ???

Ivan

Key Facts:

• Wherever goods are bought they must "conform to contract". This means they must be as described, fit for purpose and of satisfactory quality (i.e. not inherently faulty at the time of sale).

• Goods are of satisfactory quality if they reach the standard that a reasonable person would regard as satisfactory, taking into account the price and any description.

• Aspects of quality include fitness for purpose, freedom from minor defects, appearance and finish, durability and safety.

• It is the seller, not the manufacturer, who is responsible if goods do not conform to contract.

• If goods do not conform to contract at the time of sale, purchasers can request their money back "within a reasonable time". (This is not defined and will depend on circumstances)

• For up to six years after purchase (five years from discovery in Scotland) purchasers can demand damages (which a court would equate to the cost of a repair or replacement).

• A purchaser who is a consumer, i.e. is not buying in the course of a business, can alternatively request a repair or replacement.

• If repair and replacement are not possible or too costly, then the consumer can seek a partial refund, if they have had some benefit from the good, or a full refund if the fault/s have meant they have enjoyed no benefit

• In general, the onus is on all purchasers to prove the goods did not conform to contract (e.g. was inherently faulty) and should have reasonably lasted until this point in time (i.e. perishable goods do not last for six years).

• If a consumer chooses to request a repair or replacement, then for the first six months after purchase it will be for the retailer to prove the goods did conform to contract (e.g. were not inherently faulty)

• After six months and until the end of the six years, it is for the consumer to prove the lack of conformity.