Comet wouldn't replace faulty item 36 days after purchase

pmduk

Negg, perhaps you should tell us your shop, so that customers know where to avoid.

negg

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.

It's amazing that people think like that. All the ones I have ever dealt with that have dedicated returns phone lines replace the goods by collecting them - they don't expect you to queue or pay for the return.

One customer was amazed (as was I) when one manufacturer sent out a man from a local authorised dealer to the customer. Forty minutes after the phonecall was made, the man had gone out and within two minutes agreed it was faulty and replaced the item there and then. They were asked what time was best and could book in a one hour slot for someone to come out so they didn't have to do it immediately if they were going out. If they had demanded a replacement from me, they would have been waiting until at least the next day.

A replacement within 45 minutes of reporting it and didn't even have the leave the home? I call that customer service!

I would always recommend phoning the number the shop gives you. Here's the test though (and I would do this if I were the OP):

1) Did the shop give you a direct number? If not, demand the seller handles the return.
2) Can you get through to someone to organise the return a few minutes or so on this phone number? If not, demand the seller handles the return.
3) Does the manufacturer expect you to pay the return costs for the return? If they do, go back to the seller and state it is not a suitable method for replacement/repair as the customer should not be out of pocket.

These customer returns lines are mainly used for mail order businesses but there is no reason why they cannot be used by shops as well, though it is more unusual, especially for a large chain.

negg

Negg, perhaps you should tell us your shop, so that customers know where to avoid.

Haha! We don't fob customers off. We take almost all items back ourselves.

Running my business for over ten years, I have only ever had to ask a personal consumer to return an item to a manufacturer once and was a little disappointed we had to because the return is now out of our control, yet legally we are still responsible if anything does go wrong (as the law states).

Business users don't have the same legal protection from the seller and I have never had to ask any of those in my business, but it was much more common in my previous job.

It shows how rare it is that you should genuinely be asked - too many businesses try to fob you off, I agree.

I am surprised that the OP has been asked to return to manufacturer, however, as it is a fairly low value item, is it not?

P.S. I have had a look in the list I have of manufacturers recommended return methods and most Sony stuff states "return to seller".

mum2one

We had hell of a problem with one of the managers at Meole store, hence the paper involvement, but when we took it back the 2nd time we saw another manager and he was brilliant, within 10 minutes we were out of the store with a full refund.

Legally ur contract is with the store, although Comet deny this.... its £70, it doesn't matter whether its £7, £70 or 3700 the principle is the same. They expect us to roll over and accept.

Don't let this drop....... the place I couldn't remember was consumer direct, its like trading standards, there advice the correct procedure.

I would be weary of the charge-back, as I know credit cards the sum involved has to be £100+ not sure on debit.

Ring Trading standards Mon and see where you go from there, but good luck.

---

My Sat Nav was so dodgy, 1st it was set up in some foreign language, then when the resolved that, the navigation didn't work..... we were in a traffic queue and the inbuilt speedo had us doing anything from 0 to 69 mph..... we were on the M5 at worcester, the Sat Nav had us on the back roads of Hereford, and when we were in Comet store, the speedo had the sales assistant doing 0 to 45 miles.... x

bazster

negg wrote: »

It's amazing that people think like that. All the ones I have ever dealt with that have dedicated returns phone lines replace the goods by collecting them - they don't expect you to queue or pay for the return.

One customer was amazed (as was I) when one manufacturer sent out a man from a local authorised dealer to the customer. Forty minutes after the phonecall was made, the man had gone out and within two minutes agreed it was faulty and replaced the item there and then. They were asked what time was best and could book in a one hour slot for someone to come out so they didn't have to do it immediately if they were going out. If they had demanded a replacement from me, they would have been waiting until at least the next day.

A replacement within 45 minutes of reporting it and didn't even have the leave the home? I call that customer service!

I would always recommend phoning the number the shop gives you. Here's the test though (and I would do this if I were the OP):

1) Did the shop give you a direct number? If not, demand the seller handles the return.
2) Can you get through to someone to organise the return a few minutes or so on this phone number? If not, demand the seller handles the return.
3) Does the manufacturer expect you to pay the return costs for the return? If they do, go back to the seller and state it is not a suitable method for replacement/repair as the customer should not be out of pocket.

These customer returns lines are mainly used for mail order businesses but there is no reason why they cannot be used by shops as well, though it is more unusual, especially for a large chain.

You are missing the point. Maybe returning an item to the manufacturer is a good way to get the item replaced, maybe it isn't, but either way it is not something you can insist that a customer does. When you stated earlier that you can meet your legal obligations by directing the customer to the manufacturer's returns procedure, you were simply wrong.

bazster

negg wrote: »

Running my business for over ten years, I have only ever had to ask a personal consumer to return an item to a manufacturer once and was a little disappointed we had to because the return is now out of our control, yet legally we are still responsible if anything does go wrong (as the law states).

(i) You signed that contract with the manufacturer, so that's your problem.
(ii) If that customer had refused to return it to the manufacturer and had insisted that you deal with it, then you would have been obliged to do so. Nothing in any contract between you and the manufacturer can affect the customer's rights under the Sale of Goods Act.

My other half works in a shop where they always take items back and return them to the manufacturer for the customer. Some of the items have very long manufacturer's warranties (up to 10 years) so these returned items are often so old that the shop itself is under no legal obligation to do anything (and certainly will not give a refund or replacement) but nonetheless they will take it in and return it to the manufacturer, for no reason other than they believe it's a helpful thing to do. They sometimes even send items back to a manufacturer that the customer originally bought somewhere else!

Now that's service.

Esqui

Where things go to the manufacturer for repair, I always offer to do it, but let the customer know they can do it for themselves too (e.g. if they've come down without the item, or without proof of purchase) to save them having to come in again. If the latter, I make sure they know they can come to me if they have any problems or questions.

Largely, I book most repairs myself. It's not that difficult to spend 5 minutes on the phone when it's part of my job!

Amistoso_2

Commet are a complete nightmare for trying to fob you off, I have first hand experience of this with a faulty DVD revorder a few years ago, the Manager just kept repeating that I had to get in touch with the manufacturer myself and basicly washed his hands of it, I was having none of it and was also told to leave the store or he would call the police!! I ended up going through their head office and got a replacement. Not a great way to treat customers but they really don't seem to care...
Hope you get your money back OP, just stand your ground

negg

(i) You signed that contract with the manufacturer, so that's your problem.

You have to remember that the law varies from product to product and that the OP is asking about the return of software which is not the same as returning a TV because of copyright laws (?).

One friend of mine asked Trading Standards to visit to check his return procedures for his firm and whilst she was there he accepted a return back under the DSR regulations (internet purchase). She was pleased.

Then, someone else wanted to return a USB pen which had been opened (that's important) and was faulty. He followed the Sale of Goods Act and she had to stop him from accepting it back, because he would be breaking the Data Protection Act as he wasn't registered for this purpose and there could be data on the pen. She told him to tell the customer that they have to phone the manufacturer, who will be registered and that the DPA takes priority over the SOGA.

(ii) If that customer had refused to return it to the manufacturer and had insisted that you deal with it, then you would have been obliged to do so. Nothing in any contract between you and the manufacturer can affect the customer's rights under the Sale of Goods Act.

Correct. He did refuse. He wanted a replacement but we had to refund as a replacement was costing us hundreds of pounds more than he had paid for it in the first place. We refunded in full even though he had the product for about 9 months and had worked during this period. We didn't have to refund in full, so were in fact offering over and above the law: "If repair and replacement are not possible or too costly, then the consumer can seek a partial refund, if they have had some benefit from the good, or a full refund if the fault/s have meant they have enjoyed no benefit"

When you stated earlier that you can meet your legal obligations by directing the customer to the manufacturer's returns procedure, you were simply wrong.

Then you have no idea how many large companies do this. You call their returns department and they "put you through" to the right person to speak to. Ever wondered who this person is? Often they have directed your call to the manufacturer. Totally legal.

They could ask you to call a different phone number. This could be the manufacturer and they may answer the call as "Returns Department" or even with the company name you bought the product from (in some cases) and they handle the return, not the seller. Totally legal.

I know of one company that doesn't deal with returns of faulty products at all. You are asked to call a returns number and you are then redirected off to either the wholesaler or manufacturer and they pay these companies to answer the phone with the sellers company name and all paperwork also has the sellers company name on it. Amazing really, because in this case, the person buying will never know they are not dealing with the seller!

DrScotsman

negg wrote: »

the OP is asking about the return of software

No. Reread the thread. The controller is faulty and the controller is hardware. The fact it comes with software is irrelevant.