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Advice required - Comet

robers7
Posts: 38 Forumite

We bought a Nintendo DS console in-store at Comet exactly 20 days ago. Yesterday it ceased to read any game cartridges that were inserted into it. The games themselves are not faulty - they work fine in another DS we have.
We have a receipt proving purchase. We paid by debit card in-store.
Today my wife visited the same Comet store to request a refund. The store would not provide a refund, providing instead a telephone number for Nintendo who can apparently repair or replace the product.
Before I visit the store myself this evening, I would appreciate your help confirming or providing an opinion on the following:
Now, lets just say I am not offered a refund at all - what is my next course of action? Is there any mileage in a complaint to Trading Standards? What will it achieve?
We have a receipt proving purchase. We paid by debit card in-store.
Today my wife visited the same Comet store to request a refund. The store would not provide a refund, providing instead a telephone number for Nintendo who can apparently repair or replace the product.
Before I visit the store myself this evening, I would appreciate your help confirming or providing an opinion on the following:
- The contract of sale is between the retailer (Comet) and us. The Sale of Goods Act covers this contract.
- The console should have reasonably lasted 20 days without fault.
- Having not lasted 20 days without a fault, the goods do not conform to contract.
- A refund of the full amount paid can be expected in view of point 3 above.
Now, lets just say I am not offered a refund at all - what is my next course of action? Is there any mileage in a complaint to Trading Standards? What will it achieve?
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Comments
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You dont have any right to a refund and a replacement or repair is acceptable under the SOGA.
As for the contract between you and comet - yes it is however its not unusual to be referred to a manufacturer for items like this, and all that will happen is comet will act as a middleman between you and the manufacturer, thus it may well be easier and quicker for you just to go to the manufacturer yourself.0 -
OK, so if I amend point 4 as follows:
4. A replacement can be expected in view of point 3 above.
I see the basis in SOGA sections 48A(2)(a) and 48B(1).
The net being, I can insist on a replacement. The relevant wording in SOGA "the buyer has the right ... to require the seller to repair or replace the goods"0 -
OK, so if I amend point 4 as follows:
4. A replacement can be expected in view of point 3 above.
I see the basis in SOGA sections 48A(2)(a) and 48B(1).
The net being, I can reasonably request a replacement ?
Not necessarily
The retailer is obligated to offer a refund, replacement or repair. Its really upto themselves on which and if it was ever challenge in court the courts would look at reasonableness of their choice.
I think personally you could expect a refund or replacement however if they are only willing to offer a repair after a strong complaint I think you are better off just accepting that.
To enforce anything else will cost minimal costs, take time and you could still not win.0 -
I've had a similar problem with Currys (with a Kodak M853 crappy camera that broke within 3 weeks). Which Legal Services helped me. From their webiste:
When you purchase goods, generally they have to be of satisfactory quality, fit for purpose and free from defects. If not then you can reject within a reasonable period of time (usually within ¾ weeks from the date of purchase or delivery).
After that time you may be able to ask for a repair, replacement or a partial refund. Unfortunately, in most cases it will be the retailer that has the choice as to which remedy they will offer.
Any warranty offered with the goods give added protection, usually from the retailer but you do not have to go back to the manufacturer (even when the retailer tells you to) as the rights under the warranty exist alongside your rights under the Sale of Goods Act and, the SGA rights continue even once a warranty has expired.
Which Legal Services are fairly cheap to subscribe to (you can pay quarterly by direct debit and cancel when you want) and you get to speak to a solicitor who will advise and dictate a letter for you if you need it.
Good luck.0 -
We bought a Nintendo DS console in-store at Comet exactly 20 days ago.
After 20 days, one could argue that the goods were not fit for purpose and REJECT them, claiming a full refund. The consumer IS ENTITLED to a full refund if the goods have an inherent defect and are rejected within a reasonable time.
SOGA gives you ADDITIONAL rights on top of your normal contractual rights. It does not extinguish or replace your contractual rights.
Personally, I would insist on either a replacement with a brand new boxed DS or a full refund. I would not accept a repair on electrical goods that failed within a month.0 -
LinasPilibaitisisbatman wrote: »Not necessarily
The retailer is obligated to offer a refund, replacement or repair. Its really upto themselves on which and if it was ever challenge in court the courts would look at reasonableness of their choice.
This advice runs contrary to the rights offered under the Sale and Supply of Goods to Consumers Regulations.
There is little hope that the courts would look favourable upon an action that sought to deny a consumer rights afforded by legislation!0 -
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But they have the right to repair or replace as appropriate. But not an automatic refund?0
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OP has the choice of what to accept. After just 20 days, a refund would definitely be appropriate.0
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Thanks for your posts and help.
Construction of the section in SOGA stating "the buyer has the right ... to require the seller to repair or replace the goods" is complex...
It could be : "the buyer has the right ... to require the seller to (repair or replace) the goods". That is to say the consumer might have the right to require the seller to "repair or replace" - i.e. I say "You must repair or replace my DS"... in essence the seller chooses whether to repair or replace in this interpretation.
or it could be : "the buyer has the right ... to require the seller to: repair; or replace the goods". That is to say the consumer have the right to require the seller to repair, or the right to require the seller to replace - in essence, the consumer chooses repair or replace.
Not sure which construction is appropriate, but I suspect repair or replacement are both reasonable remedies and it may be reasonable for the seller to choose...0
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