Quick questions on Consumer Rights

rgbrgb2001

Hi

I bought a tablet from Comet in May. 4 weeks after purchase it stopped working and had to be repaired (failed battery). Today the edge seal next to the screen has popped out (7 months old). This tablet lives in a protective case and sits on my desk. It has never had a knock and is spotless. Ultimately, I think this is down to unreasonably poor build quality.

I would imagine comet will want me to get it repaired under manufacturers warranty however I am not too keen on this as I now feel that the overall build quality is poor. I am tired of having to take this tablet back for repairs, the subsequent 3 week wait and then having to reinstall everything.
What are my rights?


Can I ask for a refund arguing that the device is not of reasonable build quality??


Cheers,

Dave

wealdroam

rgbrgb2001 wrote: »

Hi

I bought a tablet from Comet in May. 4 weeks after purchase it stopped working and had to be repaired (failed battery). Today the edge seal next to the screen has popped out (7 months old). This tablet lives in a protective case and sits on my desk. It has never had a knock and is spotless. Ultimately, I think this is down to unreasonably poor build quality.

I would imagine comet will want me to get it repaired under manufacturers warranty however I am not too keen on this as I now feel that the overall build quality is poor. I am tired of having to take this tablet back for repairs, the subsequent 3 week wait and then having to reinstall everything.
What are my rights?


Can I ask for a refund arguing that the device is not of reasonable build quality??


Cheers,

Dave

You certainly can ask for a refund.

However, there are two pertinent points...

• as it is now over six months since purchase, it is for you to prove that the fault is inherent. I.e. is not due to misuse.
  You may not need to prove it if the retailer accepts that the fault is inherent without proof. So ask Comet before commisioning an independent report.
• Having decided that the fault is indeed inherent, the retailer needs to provide a remedy. You can choose the remedy, but the retailer can refuse that remedy if it is too expensive.
  The remedies are repair, replacement or refund. Any refund can be reduced to take account of the use you have had from the thing.

Have a look at that link in the post before yours.
There is more detail there.

mihaid

My camera has just been repaired under warranty. The warranty states that the exchange product is under warranty for the remainder of the original warranty which is only a few days away.
Are they legally allowed to say that or should the repair have a warranty of itself.

unholyangel

mihaid wrote: »

My camera has just been repaired under warranty. The warranty states that the exchange product is under warranty for the remainder of the original warranty which is only a few days away.
Are they legally allowed to say that or should the repair have a warranty of itself.

Usually the only time a repair will have an additional warranty is when you contract a shop/tradesman to do the repair itself. For instance you put your item into a repair shop, they might offer to guarantee their work for 3-6 months as standard.

Remember, just because an item is out of warranty doesnt mean you necessarily have no grounds if it becomes faulty again. This is what the sale of goods act is for. You have up to 6 years from purchase to make a claim under soga in england (5 years from date of discovery in scotland). However this doesnt necessarily mean you would expect all goods to last this long. Price paid is a contributing factor. I mean you wouldnt expect a £20 microwave to last as long or be as good as a £200 one, would you? Also, the SOGA wouldnt cover accidental damage, misuse or normal wear n tear (unless perhaps the product was advertised as "drop proof" or something similar and it wasnt - as then the goods wouldnt conform to contract....i believe there was a phone featured on watchdog a few months back for this reason, that it was advertised as "life proof" and the adverts showed it being dropped onto concrete with no damage), while some warranties can cover for this so extended warranties are not always useless

mihaid

So how long would you expect a £50 camera to last?

2204Annette

Hello,

I'm wondering if anyone can give me some advice regarding the above. My mum's partner bought her a charm yesterday (for Christmas) for her Pandora bracelet. The charm he wanted was not in stock so after liasing with the sales assistant he chose another one that was discounted in their current sale - he showed me the charm and we decided today to take it back and exchange for something else because it had no 'meaning', he bought the initial 'I' but neither my mothers forename or surname start with the letter 'I'!!

Anyway, I went to the jewellers today with the charm and his receipt and they have advised me that a refund or exchange is out of the question because that is their policy!! I even spoke to the girl that sold him the charm who thought it was rather amusing that he bought he letter 'I' when it had no personal meaning and she suggested I find another family member to give it to!!

Needless to say I am very annoyed at this - I asked if we could simply exchange the charm for another in the sale and even for a more expensce charm and I would pay the difference, they refused to do this saying if they did this for us they'd be inundated with returns after Christmas!!

Does anyone know whether or not I have any rights to take this further or not? Your comments would be most appreciated!!

derrick

I am afraid you have no rights to return the item as it is not faulty or missdescribed.
In cases like this you rely on the goodwill of the retailer,(and it looks that this one,even at Christmas is not having any), and/or their T&C's.

Legally you have no rights and they have no obligation to do anything, guess you won't be using this retailer again.


.

stressatchristmas

Hope someone can help me with this.

Last week I ordered a pair of boots for my husband for Christmas from Barratts and paid £5.50 for the express delivery of 1-3 working days. I received an email confirming my order but not an email to say that they had been dispatched. After arranging for someone to be in for the last three days the boots never turned up. After contacting Barratts I was told that my order had been cancelled due to a mistake, they had accidently advertised products that weren't available. They had sent me an email yesterday (5 days and 3 working days after ordering) but it was titled 'web order' and didn't mention barratts I had assumed it was junk mail.

I feel that they could have done more to let me know, if the order was supposed to be dispatched in 48 hours why did it take them 5 days to tell me? (The day after they were due to arrive!) I also gave my mobile number when I ordered, yet they didn't use it to contact me. This now leaves me without any boots two days before christmas.

They hadn't taken the money from my bank but they had reserved it. Not sure how this works but it means the bank wont release the money back to my account for 7 days, which means I have to find money from somewhere else to purchase an alternative.

Although I have had a refund Im still really annoyed at the level of service I have received. I have written to the customer service dept and they have replied to me apologising and blaming the busy period.

What are my rights in this situation? If they had cancelled sooner I wouldn't have minded but I can't understand why it took them so long. Am I being optimistic (and greedy) if I complain and ask for compensation? It has caused a great deal of inconvenience and stress.

Any thoughts appreciated.

Thanks

mihaid

2204Annette wrote: »

Hello,

I'm wondering if anyone can give me some advice regarding the above. My mum's partner bought her a charm yesterday (for Christmas) for her Pandora bracelet. The charm he wanted was not in stock so after liasing with the sales assistant he chose another one that was discounted in their current sale - he showed me the charm and we decided today to take it back and exchange for something else because it had no 'meaning', he bought the initial 'I' but neither my mothers forename or surname start with the letter 'I'!!

Anyway, I went to the jewellers today with the charm and his receipt and they have advised me that a refund or exchange is out of the question because that is their policy!! I even spoke to the girl that sold him the charm who thought it was rather amusing that he bought he letter 'I' when it had no personal meaning and she suggested I find another family member to give it to!!

Needless to say I am very annoyed at this - I asked if we could simply exchange the charm for another in the sale and even for a more expensce charm and I would pay the difference, they refused to do this saying if they did this for us they'd be inundated with returns after Christmas!!

Does anyone know whether or not I have any rights to take this further or not? Your comments would be most appreciated!!

It wouldn't be warren james, would it ? I had a nightmare with them and they won't budge on refunds. I would not touch them again as others do in various forums.

oplakvane

Hi everyone,

Hope you can help!

I ordered some shoes on sale off the LK Bennett website a couple of weeks ago. The website said delivery would take between 3-5 working days. 5 working days later, there was still no delivery and no tracking information when I logged into my account online, so I emailed them to ask what happened.

They replied saying that the shoes were actually not in stock anymore, and the order was cancelled and no money was taken out of my account, they also said that there was a technical problem that showed the shoes as in stock and allowed me to order. I have since then been on the website, and it still shows the shoes as being available in this size even though they are not!! The customer services rep gave me 2 phone numbers to call as their system showed them as having the shoes in stock in my size...when I called they said they had run out a long time ago.

I found this extremely frustrating, because I was waiting for the shoes and I feel very disappointed now. Also, if I had known they were not in stock I would have gone for another pair immediately...but unfortunately its too late now as almost everything in my size is sold out.

I know its a slim chance, but am I entitled to any form of compensation for this? I feel like the time I've spent on the phone (calling them on international rates as I'm in another country!!), and the time I've spent expecting the shoes, and the lost chance of buying another pair entitles some form of compensation. It is false advertising after all that they have this information on their website, and they allow you to order shoes that don't actually exist...

Any help would be much appreciated

Thanks!