Comet wouldn't replace faulty item 36 days after purchase

Bordering

It's monday so I can get on with resolving this. Drain on my time, but I ain't giving up. Checked out Consumer Direct dot co dot uk. A page there states:

"Always remember that if goods are faulty it is the retailer’s responsibility to sort the problem out. This is in addition to any warranty or guarantee that the manufacturer provides."

First I thought I'd give Comet at Shrewsbury the opportunity to resolve it. Spoke to manager 'Mike'. He was recalcitrant, just as 'Dave' had been. When I asked him if he was aware of the Sale of Goods Act 1979 he dodged the question and went on to a different topic. Result: no success.

Second, I called Consumer Direct, who confirmed that my take on SOGA is correct. However because it was over 28 days from purchase when I took it back I could only expect a repair or replacement, and a refund would have to be awarded by a court -- who might, or might not, do so.

(If I had sent them a recorded delivery letter outlining the issue within the 28 days my rights for refund would have been better... wish I'd known that. The only reason I didn't return it sooner was 2 weeks of snow, and distance from Comet branches).

Interestingly, the person at Consumerdirect said he would pass on the complaint to Trading Standards, because "certain major stores can be a bit stubborn about honouring the Sale of Goods Act".

Anyway, he said my best next step is to contact Comet by recorded letter giving them 14 days to resolve the issue. Which I'll do later on today. Got some domestic chores and a dentists' appointment first though.

BTW, it's not easy to contact a Comet branch directly. You won't find them in the phone book. For the record, the telephone number for Comet at Meole Brace, Shrewsbury SY3 9NB is 01743 282740.

More on this later...

bazster

negg wrote: »

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 (?).

Faulty is faulty. I can understand why retailers will not accept "I changed my mind" returns on opened software, but if it's faulty, Sale of Goods Act applies. Simples.

negg wrote: »

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.

Sounds like a load of hooey to me. If that were true, then it wouldn't be possible to return a faulty computer, or even a faulty mobile 'phone. Anyway, I don't see how it has any bearing on a guitar game or toy or whatever it was.

negg wrote: »

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"

Fair enough, can't argue with any of that.

negg wrote: »

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.

I couldn't care less how many companies do this. Once again: I buy an item in your shop, it turns out to be faulty, so I bring it back to the shop. It is now your problem. You can suggest that I call the manufacturer, or even recommend that I do so, but you can't insist on it. I bought it from you, I brought it back to you, it's now your responsibility.

Comet_company_representative

Bordering wrote: »

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.

Hi Bordering

My name's Phil and I'm from Comet.

I was sorry to note the problems that you have experienced with your Guitar Hero controller.

In this instance, the manufacturer would deal with any faults on our behalf as, unfortunately, we do not supply the controllers as standalone items.

Although the store were correct in advising you of our returns procedure, I am sorry that they did not take ownership of the matter and offer you further advice on how to arrange the exchange. I will certainly ensure this is looked into.

However, you can request an exchange under guarantee by filling out a short form via https://warranty.activision.com/ They will send you a returns label which will allow you to post them the faulty guitar, and they will then send you a replacement.

If you experience any problems with the exchange procedure, please email me direct on the link below and I will resolve this for you on your behalf.

https://comet.custhelp.com/cgi-bin/comet.cfg/php/enduser/ask.php

I am sorry for any inconvenience that you have been caused.

Thanks
Phil

deanos

Cool_Username wrote: »

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

Comet_company_representative wrote: »

Hi Bordering

My name's Phil and I'm from Comet.

I was sorry to note the problems that you have experienced with your Guitar Hero controller.

:rotfl:

Mark_Hewitt

On the slip side. I had a faulty washing machine which I purchased from Comet.

The first thing I did was phone the manufacturer (Hoover) and they told me I had to talk to Comet! - talk about role reversal!

But, fair play to Comet, they came out quickly and sorted the problem.

badger247

As one person mentioned, the use of the small claims system on line is great, very easy to use and you can bill Comet costs relating to the time involved. I used it to take Dorset Police to task, it was funny how there attitude changed with the arrival of a letter which referrred to them as a defendant!

Get even! Good luck..

B

DVardysShadow

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 no problem if you put your contract with the supplier ahead of your legal obligations to the customer

bazster wrote: »

negg wrote: »

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.

Sounds like a load of hooey to me. If that were true, then it wouldn't be possible to return a faulty computer, or even a faulty mobile 'phone. Anyway, I don't see how it has any bearing on a guitar game or toy or whatever it was.

Agree

DVardysShadow

Comet_company_representative wrote: »

Hi Bordering

My name's Phil and I'm from Comet.

I was sorry to note the problems that you have experienced with your Guitar Hero controller.

In this instance, the manufacturer would deal with any faults on our behalf as, unfortunately, we do not supply the controllers as standalone items.

Although the store were correct in advising you of our returns procedure, I am sorry that they did not take ownership of the matter and offer you further advice on how to arrange the exchange. I will certainly ensure this is looked into.

However, you can request an exchange under guarantee by filling out a short form via https://warranty.activision.com/ They will send you a returns label which will allow you to post them the faulty guitar, and they will then send you a replacement.

If you experience any problems with the exchange procedure, please email me direct on the link below and I will resolve this for you on your behalf.

https://comet.custhelp.com/cgi-bin/comet.cfg/php/enduser/ask.php

I am sorry for any inconvenience that you have been caused.

Thanks
Phil

Why don't you respect the law and deal with it yourself? Not come on here full of oily charm and make the customer conform to YOUR way of doing it, just do it the way it is set down in the Sale of Goods Act?

Or are you telling us in your oily way that Comet is above the law??

If you want to try and persuade the customer that the manufacturer route is better or whatever, then have a go at persuasion. But that is not what you are doing, you are compelling. It doesn't sit right with me that Comet thinks it is bigger than the law and can push its customers around

Esqui

DVardysShadow wrote: »

Why don't you respect the law and deal with it yourself? Not come on here full of oily charm and make the customer conform to YOUR way of doing it, just do it the way it is set down in the Sale of Goods Act?

Or are you telling us in your oily way that Comet is above the law??

If you want to try and persuade the customer that the manufacturer route is better or whatever, then have a go at persuasion. But that is not what you are doing, you are compelling. It doesn't sit right with me that Comet thinks it is bigger than the law and can push its customers around

So what should he say?

As far as I can see, he's saying Activision deal with replacement guitars for them; the store should have taken ownership, and sorted it; and that they are happy to take any follow up queries. Our Comet rep there has done nothing wrong - the store has, by refusing to take responsibility.

GalaxyChris

Off subject put i dont no were to ask i bought a laptop from comet in 2006 and paid with a card i have lost the receipt to get it repaired or replaced by the insurance company will i be able to get a new receipt printed?