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Returning Sat Nav to Comet Question

Hello :wave:

I have a question that I hope someone can help me with...

I bought a TomTom Sat Nav from Comet in August. It has now stopped working... the light comes on but the unit will not turn on at all.
We've taken the unit back to Comet, they did various tests to it in the shop and also couldn't get it to turn on.

They have said that they will not refund or replace the unit as we've had it for more that 28 days. They will only send it away for repair. We've been told that this will take 3 weeks.

I said that it was not acceptable to leave us without a system for 3 weeks as my partner needs it for work every day... I needed a replacement or a refund so that we could buy one elsewhere.

I was told that on most items they will do this but not on Sat Navs as they do not hold the warranty, the manufacturer does and this is in their terms and conditions.

Is this true? Or can I insist upon a refund/replacement?

Thank you for any help! :beer:

DD :)
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Comments

  • m_13
    m_13 Posts: 990 Forumite
    I've had this very problem with my TomTom and it now resets (by sticking the end of a paperclip into the reset hold on the bottom) fine but needs doing every couple of weeks.

    I have spoken to TomTom support and they are very helpful and try their best to give you advice and send you update files so you don't need to return it. I've got a problem where callers suddenly sound like Max Headroom when it's on hands free but it's so intermittent it's proving difficult to fix.

    What happens when you reset it?
  • Well I guess this is yet another time that this same link needs posting:

    http://www.berr.gov.uk/whatwedo/consumers/fact-sheets/page38311.html#

    Advice 1: if you're a consumer in the UK today and have a computer (running Internet Explorer, I don't know how other browsers operate) then make the link a favourite and add it to the on-screen 'Links Bar' or 'Favorites Bar' so it can be accessed with one click.

    Advice 2: read paragraphs 1 to 5.

    Advice 3: remind Comet of paragraphs 4 and 5.

    Advice 4: tell Comet that if it refuses to refund for a product that was specifically purchased on the basis that it is fit for daily use, but will now not be available for daily use for at least 21 days or longer, you will institute a Small Claims action, citing SOGA as your grounds. Don't argue with 'em: it's either / or.

    Of course, TomToms do go wrong; all satnavs do (I guess.) My TomTom is two years old and frequently locks up but the paper clip process of re-setting always works, even though several attempts may be needed and it's a total irritant.

    But there's a difference between a TomTom that's two years old like mine and a TomTom that's not much more than two months old, like yours. It ain't fit for purpose -- and Comet knows darn well it can return the thing to TomTom under its retailer / supplier arrangements, and immediately give you your refund or, if you request it, a replacement.

    Pretending that it's not its responsibility is just that: a pretence, and a deceit. It knows that as the retailer, it entered into a contract with you as a customer, to whit: the supply of a product intended for intensive use on a daily basis.

    I'm surprised at Comet. I thought it had grown up. Go kick it hard where it hurts.
  • Daisy_Duck
    Daisy_Duck Posts: 1,535 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker Photogenic
    Thank you so much for your help :)

    I have spoken to the customer complaints dept of Comet and run through everything with them.

    I was told to go ahead and issue a Small Claims Court action as they do not believe that it would be upheld. :mad:

    Nice company!

    Is this an easy thing to do? Any pointers as to where to start?

    Thanks again :beer:
  • Anihilator
    Anihilator Posts: 2,169 Forumite
    Daisy_Duck wrote: »
    Thank you so much for your help :)

    I have spoken to the customer complaints dept of Comet and run through everything with them.

    I was told to go ahead and issue a Small Claims Court action as they do not believe that it would be upheld. :mad:

    Nice company!

    Is this an easy thing to do? Any pointers as to where to start?

    Thanks again :beer:

    What do you expect? You have no legal right to a refund or replacement and thus they are correct. They are offering you a repair. either take it or take court action and lose.

    The SOGA allows a company to repair/replace/refund at their discretion given its a reasonable course of action.

    They are offering a repair which will take a MAXIMUM of 21 days. I would suggest this is perfectly reasonable and legitimate and given you arent allowing them to do this any claim will be kicked out.
  • neilmcl
    neilmcl Posts: 19,460 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    As the previous poster suggests, Comet are not doing anything wrong in this case. They are offering a repair of the unit which they are fully entitled under the law to do.
  • neilmcl
    neilmcl Posts: 19,460 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Well I guess this is yet another time that this same link needs posting:
    :rolleyes: It's a shame you haven't taken your own advice and read and understood the rules you've posted. Comet are completely abiding by the law in this instance by offering a repair.
  • Daisy_Duck
    Daisy_Duck Posts: 1,535 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker Photogenic
    Anihilator wrote: »
    What do you expect? You have no legal right to a refund or replacement and thus they are correct. They are offering you a repair. either take it or take court action and lose.

    The SOGA allows a company to repair/replace/refund at their discretion given its a reasonable course of action.

    They are offering a repair which will take a MAXIMUM of 21 days. I would suggest this is perfectly reasonable and legitimate and given you arent allowing them to do this any claim will be kicked out.

    What did I expect? When I bought it? A sat nav system that worked? Not sure what you're asking or why you're asking it in the tone that you appear to be? Apologies if I have misunderstood your tone, I know that this happens on the internet, but it reads as if you are talking to me like I am daft.

    I was unaware of my 'legal rights' as I made clear in my OP and that was why I came here to ask for some help/clarification.
    I responded based upon the advice I was given.

    FYI I was told that it would take AT LEAST 3 weeks not a MAXIMUM 21 days (in capitals as that's how you've written it).

    You suggest this is 'perfectly reasonable'. I suggest that it is not perfectly reasonable to go 3 weeks without a product that is 2 months old and needed almost daily. Not having it has/will cause great difficulty.

    Anyway, thanks for your input.
  • Daisy_Duck wrote: »
    I suggest that it is not perfectly reasonable to go 3 weeks without a product that is 2 months old and needed almost daily. Not having it has/will cause great difficulty.

    It's confusing isn't it?

    You have two different kinds of protection: your statutory rights under the SOGA, and the manufacturer's warranty.

    It seems that the repair you've been offered is being offered under the terms of the warranty, which does not entitle you to insist on a refund/replacement. You can't complain about this, because the manufacturer doesn't have any legal obligation to offer any kind of warranty at all, so what you've got is what you've got.

    You also don't seem to be entitled under the Sale of Goods Act to insist on a refund/replacement. Did you read the web page you were referred to? Nothing in there, as far as I can see, about the retailer being obliged to offer a refund or replacement if a repair would be inconvenient to the customer.

    If it's important to have uninterrupted use of a satnav, check the terms of the warranty before you buy, or buy a second one for backup.
  • Daisy_Duck
    Daisy_Duck Posts: 1,535 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker Photogenic

    Did you read the web page you were referred to? Nothing in there, as far as I can see, about the retailer being obliged to offer a refund or replacement if a repair would be inconvenient to the customer.

    If it's important to have uninterrupted use of a satnav, check the terms of the warranty before you buy, or buy a second one for backup.

    Hello :)

    Yes, I did read the page and was hoping that I could go somewhere with the fact that there is no stipulation that 28 days (or 30 days) is the defined 'reasonable time'. I think 2 months for this type of product would still be within a reasonable time to expect a replacement and not to have to be without it for such a long time. Still, if there's nothing we can do about it, then there's nothing we can do, eh? Never mind :think:

    We have had to buy another one as it is needed, so looks like we're going to end up with two as we can't get a refund. Oh well, worse things have happened at sea and all that!

    Thanks for your post :beer:
  • neilmcl
    neilmcl Posts: 19,460 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 21 October 2009 at 3:42PM
    Daisy_Duck wrote: »
    We have had to buy another one as it is needed, so looks like we're going to end up with two as we can't get a refund. Oh well, worse things have happened at sea and all that!
    If you can show that not having a satnav for 3 weeks or more is a "significant inconvenience" then you could insist the retailer provide you with an alternative. But saying its a significant inconveniance and proving it are two different things, after all how did you cope before you bought the satnav.
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