Comet...Returning item

R0bert_Sterling

dori2o wrote: »

We don't have another 42" screen to test it on, but it won't fit the one my Dad has.

Yes, I get that but I am trying to get across the fact that it may be perfectly suitable......but simply not for your Dad's particular TV.

It would be pointless and a waste of money posting it to France because it is not defective, they would just return it to you as "no fault found"

You need to take it into the store where they have lots of 42" TV's on display so you can see if it fits or not.

No matter how "universal" the items claims to be, it's not going to fit every model TV.

The Panasonic TV's used to be specific so the only bracket you could buy was a Panasonic one (may have changed by now but that used to be the case)

dori2o

R0bert_Sterling wrote: »

Yes, I get that but I am trying to get across the fact that it may be perfectly suitable......but simply not for your Dad's particular TV.

It would be pointless and a waste of money posting it to France because it is not defective, they would just return it to you as "no fault found"

You need to take it into the store where they have lots of 42" TV's on display so you can see if it fits or not.

No matter how "universal" the items claims to be, it's not going to fit every model TV.

The Panasonic TV's used to be specific so the only bracket you could buy was a Panasonic one (may have changed by now but that used to be the case)

They have already agreed to the return of the item, thats why they had to send an e-mail with a PDF attachment that we have to sign and send with the bracket.

Tess19

Under the Distance Selling Regulations, if the contract is cancelled within the 7 day period, when the item is returned the consumer should be refunded the cost of the contract, which is normally the cost of the goods and delivery of the goods to the consumer. However, a supplier does not have to refund the cost of the return of the goods, unless their terms and conditions state otherwise. That is why it is important to read these terms and in particular their returns policy.

However, under the Sale of Goods Act 1979 (as amended), goods should be fit for their purpose, of satisfactory quality and as described. If the description of the bracket states that it was suitable for 42" TV and it is not, then you may be able to state that the bracket was "not as described" and therefore there has been a breach of this implied term.

If you can prove this, I would suggest that you write to Comet (ideally by letter sent by recorded delivery), stating:

• Details of your order with them, including the goods ordered, order number, price etc
• the issues with the bracket;
• that it does not fit a 42" TV (they advertised it as being suitable for TVs up to 46");
• that you believe there has been a breach of the Sale of Goods Act 1979 (section 13) in that the item is not as described, and
• that you are requesting a refund (the full cost of your order), and that you will be claiming the cost of returning the bracket.

You could return the item and hope that Comet do refund you in full, or you can wait and see what their response is first.

The Consumer Direct website has some template letters that you may be able to use, or alternatively you could try contacting your local Trading Standards Office, who may have some leaflets and literature that may assist you.

Hope this helps and good luck!

mikey72

dori2o wrote: »

My mum and dad bought a tv bracket for their 42" plasma tv from Comet online and when it arrived it did not fit the TV despite being advertised as suitable for up to 46" t/v's.

So,they call Comet and they send a email with the return instructions as an attachment that has to be printed off and signed.

The item has to be returned to France, and the postage is coming to £25. My dad phoned copmet to enquire how he could be refunded for the postage but they said they do not refund postage.

Now this item was clearly advertised on their website as being ok for a 42" tv, therefopre it is unfit for purpose as it will not accept a 42" tv. Surely my dad is not responsible for postage?

I have told him to take it to the local store and get the refund sorted there, after all it is the same company and I don't see why my Dad should foot the bill for something that is their mistake. The bracket was £45, so after postage he'd only get £20 back.

Any advice.

The comet returns page states
"Changing your mind

If your product is brand new, unused and the box is unopened

All you need to do is take it back to a Comet store within 28 days (14 days for a computer) and we'll give you either a full refund or a gift card to the same value - it's up to you.
Don't forget to take your receipt along."

I'd print out the page and take it back to a store.