Comet wouldn't replace faulty item 36 days after purchase

DVardysShadow

Esqui wrote: »

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.

He should say that the store will comply with their legal obligations, not try to oil the customer into accepting what the store were insisting on.

Esqui

Good point, yes.

But to fulfil their legal obligations, the store would probably just have to fill in the form online with the OP giving their info whilst stood in front of them. Should've taken 10 minutes

DVardysShadow

Esqui wrote: »

Good point, yes.

But to fulfil their legal obligations, the store would probably just have to fill in the form online with the OP giving their info whilst stood in front of them. Should've taken 10 minutes

That would have satisfied me

Esqui

Exactly. But because the CSA hadn't read up on the law, it's now been two weeks! Crazy.

mrcow

Comet_company_representative wrote: »

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.

Absolutely unbelievable.

The OP doesn't want to return the controller as a "standalone item".

They bought something from you.

It doesn't work.

You replace it. Warts and all. You have to comply with the law. You were happy enough to take their money - now stand up and face up to the responsibilty of your part of the contract that you agreed to when the sale was made.

Stop trying to fob people off.


Is this how Comet seriously treats its customers?

vyle

Playing devil's advocate for the monent, OP may not even be entitled to a refund. Comet could do the following:

a: replace the item (game and guitar)

b: simply replace the guitar (as that's the faulty bit)

c: refund the value of the guitar

d: repair the guitar

Even if OP took them to court, she may even then only end up with a partial refund of the value of the guitar.

I understand the principal, but it's worth knowing that your legal right doesn't automatically entitle you to a full refund and even if you win in court, you could still be severely out of pocket by the end, whereas activision do tend to send out replacement guitars pretty quickly.

mrcow

vyle wrote: »

Playing devil's advocate for the monent, OP may not even be entitled to a refund. Comet could do the following:

a: replace the item (game and guitar)

b: simply replace the guitar (as that's the faulty bit)

c: refund the value of the guitar

d: repair the guitar

Even if OP took them to court, she may even then only end up with a partial refund of the value of the guitar.

I understand the principal, but it's worth knowing that your legal right doesn't automatically entitle you to a full refund and even if you win in court, you could still be severely out of pocket by the end, whereas activision do tend to send out replacement guitars pretty quickly.

Comet could do any of the above - but what they can not do (which is what they are trying to do!) is wash their hands of any responsibility and tell the OP that it's not their problem - which is what they have done in store and what the company rep has said on here.

RobertoMoir

bazster wrote: »

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.

I don't think Negg was denying it was the store's responsibility, but rather was just talking about how they practically choose to deal with that responsibility.

RobertoMoir

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 (?).

News to me. Goods still have to be fit for purpose, etc.

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.

I'm pretty sure that's nonsense. Poor advice from this woman on that one?

RobertoMoir

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

I appreciate you are captured by the system you work for, so please don't take the following as a personal comment, but I have to say that is completely in-excusable and something I will always remember whenever I consider shopping at comet. I'll remember it and then I will go elsewhere.

While you can suggest a customer goes via the manufacturer to make the process of sorting a fault out smoother, at the end of the day it is your problem and your responsibility, and I think a response that actually acknowledges that properly and makes a move to sort out the problem instead of using weasel words to make it sound like you care then fobbing off the poster with a link to the manufacturer's website is in order.