Comet wouldn't replace faulty item 36 days after purchase

Premier_2

Bordering wrote: »

...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, ...

...but different

.. It does not mean you will automatically and immediately get your money back. It will initially become a ‘dispute’ in which the claim will be fully investigated by both banks before any money is returned. ..

http://whatconsumer.co.uk/visa-debit-chargeback/

Whilst you probably will eventually get a refund, you'll probably get it sorted out quicker going direct to the retailer (i.e Comet) rather than involving third parties.

bazster

A lot of retailers these days try to fob you off by telling you to go to the manufacturer. Which is baloney, your contract is with the retailer, not the manufacturer.

And if it's faulty it's faulty, whether there is software involved is neither here nor there, so don't let them fob you off with that tripe either.

And nothing, absolutely nothing, in the product's manual or the software's on-screen T & C's forms any part of your contract with Comet. The manager you spoke to is clearly extremely devious and was intent on pulling the wool over your eyes.

Last time I had a problem with Comet I wrote directly to the Managing Director (got his name/address off their website, or you can simply 'phone their head office and ask). His PA was very nice and very helpful and sorted it all out (no point in me giving you the details now, this was a few years ago and I expect it's all changed since).

Esqui

Go here: https://warranty.activision.com/RI_Activision/page?WWGThreadIdx=1&WWGSubmitCounter=1

Takes about 5 minutes to arrange a replacement

bazster

Esqui wrote: »

Go here: https://warranty.activision.com/RI_Activision/page?WWGThreadIdx=1&WWGSubmitCounter=1

Takes about 5 minutes to arrange a replacement

"An unexpected error has occurred; please try your request again later."

LOL!

Your point is a reasonable one though: Comet might be legally liable, but it could save a lot of aggro and wasted time simply to take up the manufacturer's warranty.

Bordering

The link above works if you go to the top level page, eg remove everything after the '.com'. (my privileges here don't permit me to post it as a clickable link).

My contract is with Comet. They are legally liable (I think). I'll get confirmation either way from Shropshire Trading Standards tomorrow. The store manager's conduct has alienated me as a customer. I don't want a replacement or credit note, I'm having my cash back so my son can get a replacement from wherever he chooses (except Comet).

If I get a replacement from Activision, Comet will continue to feel free to disregard the Sale of Goods Act. If I report this to Trading Standards, it will officially noted as a breach of the law (should it be so), and provide contributory evidence for prosecution if they decide to take this step at any point.

BTW, my son has mentioned this on Facebook, and has had plenty of feedback from his hundreds of friends, mostly on the lines of 'Comet sucks, mate!'. So they probably won't be heading to Comet for their games and gizmos anytime soon.

wuckfit

bazster wrote: »

"An unexpected error has occurred; please try your request again later."

LOL!

Your point is a reasonable one though: Comet might be legally liable, but it could save a lot of aggro and wasted time simply to take up the manufacturer's warranty.

The more people that do this, however, the more arrogant Comet (and others) become. The more people who take comet to court for breach of contract, the quicker that they will stop trying to shaft consumers. For the record, almost every time I've made a purchase from comet, I've had nothing but problems when things have gone wrong. It's not confined to any one branch either. Their diabolical attitude to customer service is endemic and I won't ever purchase from comet again. even if they're cheaper. it's worth paying extra for peace of mind, IMO. I'm fed up of 'managers' hiding behind 'company policy' and having to argue for thirty minutes or more. The sooner people vote with their feet, the sooner comet will, deservedly, go bust.

bazster

Bordering wrote: »

My contract is with Comet. They are legally liable (I think). I'll get confirmation either way from Shropshire Trading Standards tomorrow.

There is no "I think" about it, and you don't need to ask Trading Standards: Comet is liable, it couldn't be simpler or clearer.

Your easiest course would be to get a replacement from the manufacturer, but I agree with everything you say and I applaud your determination to take a stand.

bazster

wuckfit wrote: »

The more people that do this, however, the more arrogant Comet (and others) become. The more people who take comet to court for breach of contract, the quicker that they will stop trying to shaft consumers. For the record, almost every time I've made a purchase from comet, I've had nothing but problems when things have gone wrong. It's not confined to any one branch either. Their diabolical attitude to customer service is endemic and I won't ever purchase from comet again. even if they're cheaper. it's worth paying extra for peace of mind, IMO. I'm fed up of 'managers' hiding behind 'company policy' and having to argue for thirty minutes or more. The sooner people vote with their feet, the sooner comet will, deservedly, go bust.

Oh I quite agree. If the OP's intention was simply to get a replacement then he/she has a simple way to do it, but we now know that he/she also wants to make a point, which is laudable.

negg

A lot of retailers these days try to fob you off by telling you to go to the manufacturer. Which is baloney, your contract is with the retailer, not the manufacturer.

Some manufacturers make the supplier sign a contract to state that they won't take their goods back and they must be returned to the manufacturer.

Your contract is with the shop and they must provide a method for return, repair and replacement. There is nothing illegal if this route is through the manufacturer. It is very unethical to ask for the return to be done through the manufacturer if there is no dedicated customer returns department. They have shown you how to return the item to the manufacturer and it is in writing.

However, if the manufacturer refuses to replace or repair and you decide to take legal action, it is always against the seller and not against the manufacturer. The seller can state in the court case that the customer was offered a method of return but they chose to refuse this offer.

The law is to stop you taking the shop to court and they blame the manufacturer and they you take the manufacturer to court and they blame the seller. Leading you round in circles!

I once had a customer return an item that was on special offer and the price was now hundreds of pounds more. It was faulty. I took it back because he refused to send it back to the manufacturer and therefore I refunded him in full. I told him if he wanted another, he would have to order again (as I would get refunded at the sale price and would have to re-order at the full price). He was very, very angry now that the price was hundreds of pounds more, but tough luck. I happen to know that manufacturer send a replacement out free-of-charge to the customer on a next day delivery and collect the faulty at the same time.

By demanding "your rights", you can be in a much worse position that when you started.

bazster

negg wrote: »

Some manufacturers make the supplier sign a contract to state that they won't take their goods back and they must be returned to the manufacturer.

Which is the retailer's problem, not the buyer's.

negg wrote: »

Your contract is with the shop and they must provide a method for return, repair and replacement. There is nothing illegal if this route is through the manufacturer. It is very unethical to ask for the return to be done through the manufacturer if there is no dedicated customer returns department. They have shown you how to return the item to the manufacturer and it is in writing.

If I buy something in a shop, it turns out to be faulty, and I take it back to the shop, I have done all I need to do. There is no obligation on me to go packing it up, hauling it to the Post Office, and standing in line for 30 minutes, in order to send it off to some third party with whom I have no contractual relationship.