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What are my rights?

Could someone provide some clarification or advice please on a recent purchase.

I bought a laptop in store from Comet. When I got home and opened the box I was not satisfied with the quality. One of the keys on the keypad was wonky and would only type intermittently and if you pressed it in a certain place.

I returned the laptop to the store the day after I bought it with the hope of getting an exchange there and then. After a long discussion with the store manager the best they told me they could do was get Acer (the laptop vendor) to conduct some diagnostic testing (for a dodgy key?) or if required send it back to Acer to examine. However, since it was a Sunday this couldn't happen until Monday and it may take up to 10 days. A refund was not an option apparently. I had a had the laptop at home for less than 24 hours. To add further complication to the problem, the store manager was questioning if there was even an issue since she could get the key to type.

Ideally I wanted a replacement there and then, if not a refund. I would not be happy with having something fixed which I hadn't even used yet.

Fortunately I purchased this on credit card so I am assuming there is something that can be done there.

More out of interest than anything can anyone confirm exactly what I am entitled to? Who decides if the defect warrants replacement/refund? Me or the store?

Thanks for any advice.
Kris
«13

Comments

  • arcon5
    arcon5 Posts: 14,099 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    If it's faulty you can reject the goods within 'reasonable' time for a full refund (sales of goods act) after which the retailer are within their rights to offer a remedy, effectively their choice.

    http://www.moneysavingexpert.com/shopping/consumer-rights-refunds-exchange


    The issue here is the staff don't seem to agree this is a fault..
  • justifier
    justifier Posts: 48 Forumite
    edited 26 February 2012 at 6:57PM
    acording to comets website there in stoer returns policy is as follows:

    Purchase in Store – If the product is brand new, unused and the box is unopened and you have the receipt/purchase details this can be returned within 28 days (14 days for a computer) for a full refund.

    For items over £25 in value that have been opened but unused you will incur a restocking fee of 10% of the original price up to a maximum of £99. This pays for repackaging and restocking. Alternatively we will refund in full onto a gift card. However, for items under £25 that have been opened but unused we will refund in full.

    Please note: all the original packaging and accessories must be returned at the same time.

    Unfortunately, any pre-recorded videos, DVD, audio, video game or software products cannot be returned if the seal is broken.

    For goods purchased on line or via telephone you have 7 days from the date of delivery in which to return goods – as well as the above options.

    For full details on this please Click here .

    Portable product must be returned to the local store to arrange a refund . If you need to arrange collect of a large product please Click Here to email us with your details.

    It should also say this on the back of your recipet. So they should take it back. Check what it says on the recipt. Go in, show manager this and if they still refuse ring there customer services team whilst in store on
  • arcon5
    arcon5 Posts: 14,099 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    justifier wrote: »
    acording to comets website there in stoer returns policy is as follows:
    Purchase in Store – If the product is brand new, unused and the box is unopened and you have the receipt/purchase details this can be returned within 28 days (14 days for a computer) for a full refund.
    For items over £25 in value that have been opened but unused you will incur a restocking fee of 10% of the original price up to a maximum of £99. This pays for repackaging and restocking. Alternatively we will refund in full onto a gift card. However, for items under £25 that have been opened but unused we will refund in full.

    Please note: all the original packaging and accessories must be returned at the same time.

    Unfortunately, any pre-recorded videos, DVD, audio, video game or software products cannot be returned if the seal is broken.

    For goods purchased on line or via telephone you have 7 days from the date of delivery in which to return goods – as well as the above options.

    For full details on this please Click here .

    Portable product must be returned to the local store to arrange a refund . If you need to arrange collect of a large product please Click Here to email us with your details.

    It should also say this on the back of your recipet. So they should take it back. Check what it says on the recipt. Go in, show manager this and if they still refuse ring there customer services team whilst in store on

    Op has opened the item so their returns policy won't be much use
  • Thanks for your help.

    What I have trouble accepting/understanding was whether it was acceptable for Comet to insist that there was nothing they could do without first sending it back to the manufacturer. Forgetting whether Comet accepts that it is faulty for a minute and just assume that it wouldn't even turn on, can they still insist that they have to send it back to the manufacturer before anything can be done?

    Surely since my contract is with Comet and if the quality of the goods isn't as expected they should refund or replace there and then. As I understood my rights I have a reasonable amount of time to "accept" the goods, i.e take the item home and inspect before legally accepting. I only had the laptop home for one night.

    I spoke with several levels of Comet customer services in addition to the store manager and they all towed the same party line. In fact several people in customer services insisted that I should contact Acer which I know isn't the correct process.

    Thanks again for your help.
  • My understanding is
    You are returning the goods exactly the same as you bought the goods, faulty.
    Now the open box issue is , how do you know what condition the goods are in unless you open the box.
    Stand firm with Comet, they sold you a faulty product and your returning it faulty.
    Sounds simple.
  • Hi,

    Sorry if I have put this in the wrong place as I am new and didn't know how to start up a new post.

    I have purchase wooden worktops at a cost of £1000 they arrived ok when the joiner fitted them we noticed a few marks here and there but thought that we would of been able to sand them down. When the worktops were fitted we noticed a problem with about a 3 inch section of 1 stave. I purchased the worktops online and paid via my credit card. I have telephoned the company but they do seem a little slow in replying and said someone will get back to me later on today. I appreciate that they could say we should of check the worktops thoroughly and we did. We just thought that we would of been able to sand them down and repair them ourselves. It is obviously a problem within the wood as you can clearly see it hasnt been damaged by ourselves.
    I just wanted to know what my rights are just incase they come back and say its our fault as we should of checked before installing.

    The company was recommended but so far all I can say is that their customer service isn't great but lets hope they sort it out.

    So if they say sorry its our fault for not checking can I claim via my credit card as they are faulty goods or will i have to replace them myself and leave us out of pocket.?

    Once again thanks and sorry if I put this post in the wrong place.

    Cheer Dawn
  • arcon5
    arcon5 Posts: 14,099 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    When did you purchase them?
  • Hi

    They were delivered to us last thursday and installed saturday telephoned them today and still waiting for a reply.

    cheers Dawn
  • arcon5
    arcon5 Posts: 14,099 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Since it's been installed, what condition is the item in? ie has it been modified? Drill holes for example, cut to size..
  • Hi,

    It has been cut to size (length). I have sent them photographs this morning so they can clearly see that its a wood fault and not our fault.

    cheers Dawn:)
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