christmas Returns on faulty electricals after 28 days

mamma_p

I bought my son a printer for christmas, thinking i was being good i bought t early * 14th november* so i didnt have to rush about at christmas. i took the printer out of the box today to test it and the printer head is faulty the prints are green when they come out. I took the printer back to Comet and they said its passed the 28 days and it up to kodak to sort it out, she rang kodak and they said they would send me a part to the shop where i have to pick it up and fix the printer myself !! they said it normally takes 5 working days but with xmas it could be longer.. i asked her for a refund as the printer was bought faulty she completly refused and said its not down to Comet my beef is with Kodak... i asked if there was any extended warranty with it being christmas she said if its a christmas prezzy why did you open it before christmas,, i said if i had waited till after christmas to return it would it have been covered she said no its not up to us its down to Kodak grrrrrr im sooooo miffed what are my rights:mad:

unholyangel

Your contract is with the shop, not the manufacturer.

The important thing is to remain calm and polite And believe me, I know how hard that can be when dealing with a complete twit.

First things first, what would be your ideal outcome? For them to repair it? Replace it? Issue a refund?

mamma_p

to be honest id rather have a new printer, i dont see why i should have to repair the printer myself i explained to the shop assistant and asked for the manager that i bought the item from them therefore its down to them the manager smirked at me and said i was wrong when i said i was going to call trading standards she saoid go on then they will tell you what ive told you !
Is there something on the internet that states that so i can print it and stick it down her throat *that was a joke btw* just to prove im right :O)

vyle

Funny thing is that the print head issue is common, but many people (reviewers and even customers at work who have raved about their love of Kodak printers) cite the replacable printhead as a boon.

It isn't difficult to do, not even complicated or technical. It's like saying that a pen had a bad ink cartridge in it, but you don't expect to have to physically change the cartridge for a good one.

Besides, they HAVE offered and obtained a remedy (the new printhead)... that outcome is within the legal requirements.

neilmcl

A full refund should also be a valid remedy, after all it was purchased as a christmas pressie therefore it would still be within a reasonable period to reject the printer outright.

unholyangel

mamma_p wrote: »

to be honest id rather have a new printer, i dont see why i should have to repair the printer myself i explained to the shop assistant and asked for the manager that i bought the item from them therefore its down to them the manager smirked at me and said i was wrong when i said i was going to call trading standards she saoid go on then they will tell you what ive told you !
Is there something on the internet that states that so i can print it and stick it down her throat *that was a joke btw* just to prove im right :O)

http://www.moneysavingexpert.com/shopping/consumer-rights-wallet-print

"
DO: Return it to the store, not the manufacturer

If the item breaks the SAD FART rules, your agreement's with the shop you bought it from, NOT the manufacturer. So the retailer MUST deal with it - don't let it palm you off."

From the sale of goods act itself (found here http://www.legislation.gov.uk/ukpga/1979/54/part/5A):
(1)This section applies if—
(a)the buyer deals as consumer or, in Scotland, there is a consumer contract in which the buyer is a consumer, and
(b)the goods do not conform to the contract of sale at the time of delivery.
(2)If this section applies, the buyer has the right—
(a)under and in accordance with section 48B below, to require the seller to repair or replace the goods, or
(b)under and in accordance with section 48C below—
(i)to require the seller to reduce the purchase price of the goods to the buyer by an appropriate amount, or
(ii)to rescind the contract with regard to the goods in question.
(3)For the purposes of subsection (1)(b) above goods which do not conform to the contract of sale at any time within the period of six months starting with the date on which the goods were delivered to the buyer must be taken not to have so conformed at that date.


I've highlighted that parts relevant

bris

The Christmas present argument doesn't hold much water here as far as the retailer is concerened. If it was a present why open it now, to test it, yes, so if your going to test it why not when you first got it and be well within the 28 days.
The retailer has the right to be confused here and treat it like any other faulty goods, although the retailer should deal with it, it still gives them the right to repair it.

texranger

If it was for christmas then you should of informed the retailer and asked for a gift reciept ( they would of marked the receipt that it was a xmas gift). anything like this i would test straight a way.
i purchased a digital camera for a relative and the first thing i did was take some shots and print them on my computer to see if it worked before wrapping it up.

unholyangel

bris wrote: »

The Christmas present argument doesn't hold much water here as far as the retailer is concerened. If it was a present why open it now, to test it, yes, so if your going to test it why not when you first got it and be well within the 28 days.
The retailer has the right to be confused here and treat it like any other faulty goods, although the retailer should deal with it, it still gives them the right to repair it.

I think the post below answers your question on "why test it now"

texranger wrote: »

If it was for christmas then you should of informed the retailer and asked for a gift reciept ( they would of marked the receipt that it was a xmas gift). anything like this i would test straight a way.
i purchased a digital camera for a relative and the first thing i did was take some shots and print them on my computer to see if it worked before wrapping it up.

As for the gift receipt, kind of a moot point seeing as the recipient is not the one returning it, the buyer is. Usually a gift receipt is needed when you are not the one who bought the item but it was bought for you in order to give you rights, should anything go wrong.

shaun_from_Africa

neilmcl wrote: »

A full refund should also be a valid remedy, after all it was purchased as a christmas pressie therefore it would still be within a reasonable period to reject the printer outright.

Personally I wouldn't say that 5 weeks is a reasonable time and I wouldn't be surprised if Trading Standards agreed with this, so rejection of the printer and getting a full refund wouldn't be a legal right.

neilmcl

shaun_from_Africa wrote: »

Personally I wouldn't say that 5 weeks is a reasonable time and I wouldn't be surprised if Trading Standards agreed with this, so rejection of the printer and getting a full refund wouldn't be a legal right.

The reason why SOGA doesn't specify what a constitutes a reasonable period is precisely because there's more to it that just a simple period of time. You have to take into account other variables such as the the type of product, what it was purchased for etc. If I was to purchase a pair of skis during the summer then a reasonable period could well be six months or more as that's how long it would reasonably be before I could get round to trying them out. Similarly the OP purchased the printer as a Xmas present therefore it's entirely reasonable to expect that it wouldn't be until nearer the date that the item would be inspected for faults.