Help! Comet won't refund faulty satnav

adouglasmhor

From the legislation "If goods do not conform to contract at the time of sale, purchasers can request their money back "within a reasonable time".

Anihilator

adouglasmhor wrote: »

It's the consumers choice, the store may offer but it has been the consumers choice since the 1982 act. Now really you ought to grow up and maybe seek some sort of counseling or something, really.

No it is not the consumers choice. The SOGA which is the relevant legislation clearly states it is for the retailer to make the decision on remedy as long as its reasonable.

I don't need to grow up or seek counselling. You do however need to learn to read properly and not try and act like you know what your talking about when you don't.

If the OP goes to the store with your argument he will simply prolong the issue and make himself look stupid.

Mankysteve

adouglasmhor wrote: »

Funny enough hte Current SOGA actually the supply of goods and services law, says 6 months for a consumer and they do not have to prove it was faulty at time of purchase. So you are wrong yet again.

Now be quiet the grown ups are talking.

The 6 mouths thing doesn't mean you can walk into a shop and say this fault change it/refund it for me now. It just means that its down to the retailer to get the item tested so yes they are complying with soga in wanting to send if off to checked. So in that respect annihilate(please not respond to his post he's clearly a troll) is right is saying that.

The Op best chance for getting an immediate replacement is under the Repair must not cause significant inconvenience to the purchaser but this would be hard to argue as the OP could use a map while this would be inconvenient, I'm not sure if it classed as a significant inconvenience I think this would have to decided by court.

But I would think(not a legal opinion) the OP must first allow them to check the item out before they go down this route.

As its been more than 28 days(again not a legal opinion) I think the reasonable time has passed so the OP choice as limited as to what the retailer wants to do repair/replace/refund at their discretion.

Anihilator

adouglasmhor wrote: »

From the legislation "If goods do not conform to contract at the time of sale, purchasers can request their money back "within a reasonable time".

And it did comply at the time of sale otherwise why didnt the OP return it then,

Two months is not a reasonable time to reject the goods hence it is now into the SOGA act area regarding repairs, refund or replacement.

In simple english if comet want to repair/replace they can.

cyberbob

Anihilator wrote: »

No I am not you !!!!ing idiot..

Yes you are the OP can request a refund

If goods do not conform to contract at the time of sale, purchasers can request their money back "within a reasonable time". (This is not defined and will depend on circumstances)

http://www.berr.gov.uk/whatwedo/consumers/fact-sheets/page38311.html

Anihilator

cyberbob wrote: »

Yes you are the OP can request a refund



http://www.berr.gov.uk/whatwedo/consumers/fact-sheets/page38311.html

But the OP didnt reject it in a reasonable time did he.
If these faults were present at the first time of using and he returned it then yes he could have probably insisted on a refund. but he didnt and we are now 2 months down the line hence its not a reasonable time to reject it and comet are now entitled to refund/repair/replace at their discretion.

Hintza

Stop it guys.......Comet have already said they need to send it away so OP is really stuffed.

It doesn't matter who is correct Comet have stated their position and the OP can sit and argue with them but he still doesn't have a Sat nav that works.

For those of that can read a map that is probably not a huge issue but.............:)

stugib

As much as it pains me to agree with Annihilator, he's right.

The OP has accepted the goods, which is what the 'reasonable time' refers to in order to reject and get a refund. 2 months of use is more than enough to test and see if it works and would be considered acceptance IMHO. Within 6 months it's up to retailer to prove it wasn't faulty from purchase, but the remedies are repair, replacement or (partial) refund, and is in practical terms, up to them.

neilmcl

adouglasmhor wrote: »

From the legislation "If goods do not conform to contract at the time of sale, purchasers can request their money back "within a reasonable time".

:wall: In this instance 2 month is not within a reasonable time. The OP cannot insist on a full refund. Please re-read the legislation again and this time make an effort to understand it.

biscit

roywest wrote: »

Anihilator clearlydoesn't have a clue anyway!

Anihilator is often needlessly abrasvie terse and blunt. "Doesn't suffer fools gladly" is putting it mildly- thinks it is bad form to treat fools with an ounce of respect more like.

But separating the abrasive manner from what is said- what is said is more often than not sound.