Comet wouldn't replace faulty item 36 days after purchase

Bordering

On 16 December I purchased 'Guitar Hero', a Playstation game, as my son's Christmas present from Comet in Cardiff.

On 29 December the 'controller' (a plastic item which resembles a guitar) stopped working.

We live a fair distance from any Comet stores. On 23 January I returned it their branch at Meole Brace, Shrewsbury.

The manager refused to either replace, refund or give a credit note for it, any of which I'd have been happy with. He said that special rules apply to products which include software, which, if I had read the Ts & Cs as the game loaded, I would have been aware of. He also found me some very tiny text buried in a manual with the product which outlined a 'return to manufacturer' procedure.

The upshot was that I left the store the issue unresolved.

I had assumed that, under the Sale of Goods Act 1979, my contract was with Comet, and therefore any issues would be dealt with by Comet.

Can anyone help with this please? Is there any clause in the Sale of Goods Act 1979 which makes Comet's refusal to comply legitimate in this case?

I have tended to use Comet for my electrical purchases until now. What an amazingly cheapskate way to alienate a loyal customer.

Cool_Username

Can't really offer you advice with the legal side of your query I'm afraid - but regardless of that I would certainly be getting in touch with Comet Customer Services - if you make a nuicence of yourself you may get somewhere with them.

Bordering

Good idea, but I don't know if I want to waste any more time on this (unless Comet want to pay for doing so!) If they are on the ball they will be reading this and might sort this out before I do a Visa Debit chargeback on Monday.

wornoutmumoftwo

I know certain items can't be returned except if the goods are faulyy as you have statutory rights (goods need to be suitable for purpose). I'd have a word with CAB or trading standards and just clarify your rights.

Cool_Username

Bordering wrote: »

Good idea, but I don't know if I want to waste any more time on this (unless Comet want to pay for doing so!) If they are on the ball they will be reading this and might sort this out before I do a Visa Debit chargeback on Monday.

Mate I genuinely doubt anyone from Comet customer services monitors internet forums - even a prominent one like this - for complaints about their products.

Bordering

Worn out mum (I know the feeling, I'm a Dad...) -- The thing doesn't work, so it's definitely faulty. Cool Usename -- I guess you're right. It wasn't a huge spend (£70) so I don't want to faff about with this. My job demands most of my time already. The chargeback seems most appealing because they will have to pay £25 or whatever for it, and they can pick up the pieces from there.

mum2one

I'm sorry as I saw Comet and Shrewsbury, I just had to reply. That store is a pain in the preverable, we had an issue with a Sat Nav, cut a long story short, the Sat Nav was brought Nov for an Xmas prezzie and was faulty, rang the store New years eve, the helpline, the whole works, I ended up contacting the Shropshire Star, who put the story in the Shropshire Star complete with photo.... I eventually got the money back.

...........

Some help

Comet customer services will past the ball back and say its the manufacturers fault not there, the store wrongly quotes the Law (as I politely told the manager on more than one ocassion.

Regarless of any issue that they try and pass to the manufacturer, the item was purchased from Comet, and as per the Sales of good act, the item is unmerchanisadle quality and unfit for the purpose (was around section 14, 15,16,17,or 18) sorry can't narrow down any further.

re asking for a chargeback, I don't know how debit card cashbacks work, whether their the same as Section 75 cashback for credit cards, if theres not a sticky on the top, put section 75 in search box, try forums link 1st, and theres a print out.
For credit cards the purchase (individual item not total shop if more than one)must cost over £100, even if a £1 is paid on credit card. Again, double check the debit card.

I would consider contacting CAB, thou they may be a delay, but also consumer group, its a goverment run one, so your get the right information.

You say it went faulty on 29th Dec, did you make any attempt to contact Comet before you went to the Shrewsbury store.

If you need any help, just pm if I can help x

Cool_Username

Bordering wrote: »

Worn out mum (I know the feeling, I'm a Dad...) -- The thing doesn't work, so it's definitely faulty. Cool Usename -- I guess you're right. It wasn't a huge spend (£70) so I don't want to faff about with this. My job demands most of my time already. The chargeback seems most appealing because they will have to pay £25 or whatever for it, and they can pick up the pieces from there.

Don't misunderstand me here I'm completely in favour of arguing your case with Comet - just pointing out that they won't be reading what you've posted here that's all.

Certainly email/phone their customer services department

smcaul

Comet are a pain, plain and simple, if it were not for them a good few years ago I would never have had to read up on the SOGA!!!

My advice would be to write a letter to Comet, send it recorded delivery, tell them how you want it resolved, give them 14 days to resolve, if they do not resolve within that time inform them that you will take small claims court action without further notice.

On the 15th day start a claim with moneyclaimonline, claiming breach of contract as item is not durable. Very easy to do.

Hopefully Comet would pay up before the 14 days expire, but don't bet on it. They work in the hope that most people will just roll over and give up. I hope your not one of them!! Really should not take more then 30 minutes of your time now, letter to Comet, if not resolved fill in online form. Simples

Bordering

Mum2one -- thanks, that's very interesting and informative. Well done... but I bet you hourly rate wasn't good! As soon as he said 'no refund' I called my brother in law who is a trading standards officer up north. He confirmed that (in his opinion, based on what I'd told him) my contract is with Comet. After discussing this for about 20 minutes with store manager 'Dave' and pointing out that his take on the Sale of Goods Act was incorrect, I began to doubt that he comprehended the word 'incorrect', so very foolishly substituted it with (the non-abbreviated version of) BS, to ensure comprehension. At which point he said he'd call the police if I didn't leave!

To be honest, if I feel I'm being messed about by a business -- and by this point he had certainly wasted enough of my time for more than a little irritation to set in -- I want my rights, and as soon as possible. As I said earlier, I'd initially have been happy with a replacement or credit note. Now I want my money back. A more customer-oriented business can have the sale.

SMCaul - I know that's an option, but it all sounds potentially time consuming. I've looked up Visa Debit chargeback, and my bank (Barclays) is in the scheme. It's not statutory like the credit card chargeback scheme, but it's essentially similar, with the added advantage that it applies to any transaction amount - handy as this is about £70. Also I know that Visa will charge them for the privilege, probably around £25. Comet deserve to be stung if they make a habit of doing the same to their customers.

I can't believe that a business can be so short-sighted in their approach to customer retention. I run a business myself where customer service is absolutely key. Sometimes complaints are justified, sometimes not. Whatever, my primary aim is to keep customers for the long term, and we build in plenty of leeway. It's a much more sustainable approach than burning them off.

Anyway, I'm going to avoid retail park superstores from now on. The experience is usually unpleasant (hellish traffic jams to escape from Meole Brace!), and from my backwoods location in Mid Wales a carrier return is much more convenient if something goes wrong.

Thanks for all the replies. I'll report back here about how the chargeback pans out.

4743hudsonj

Cool_Username wrote: »

Don't misunderstand me here I'm completely in favour of arguing your case with Comet - just pointing out that they won't be reading what you've posted here that's all.

Certainly email/phone their customer services department

Apart from the comet rep on here?;)
99.999999999999999999999999999999% sure there is one.