Comet fail Sales of goods act 1979

wolfman210

Comet appear to have a 28 day warranty in force. If after 28days the product goes bust they refuse to replace or refund the item against the above act. I bought a Nikon S3300 camera took it home and left it this was on the 16/5/2012. I decided 4 days ago to try the camera. Without an SD card the camera takes about 6 pics. I tried it it worked without an SD card. Put the SD card in and you get a message that you can't use the SD card, doesn't matter if you try different cards it won't work. I contacted Nikon and it became obvious that they know about the fault already, take it back to point of sale is there advice. I took it back to Comet Stockport. The woman onj the customer service desk insisted that because of the 28day rule I could not have a replacement or cash back. I contacted the Citizens advice consumer service (the new name for consumer direct) 0845 4040506 who stated that under the Sales of goods Act 1979 they should have offered to repair, replace or refund there was no chance even though I mentioned the same to her. So watch out for dodgy Nikon S3300 cameras and Comet failing to comply with the law.

maninthestreet

Comet are wrong, of course, but can you now go back to Nikon and make a claim under the camera warranty??

EDIT - there is a COMET Company Rep. registered on these forums - hopefully they will spot this thread and can help you.

SuperHan

The woman at Comet was correct - You are NOT entitled to a replacement or cash back. Comet will try to repair the camera first, you have to give them a reasonable timeframe in which to do so.

Have they offered to repair?

paddyrg

So did they offer a repair?

rtho782

As others have said they have to either repair, refund, or replace, and they will.

They will arrange for it to be repaired for you (probably by Nikkon). You don't get to insist that the only option you will accept is refund/replacement.

It could well be that the camera does not accept SDXC or SDHC cards, which for all practical purposes would mean cards of 2gb and under. (4gb non-SDHC cards exist but are rare).

Looksguywalker

maninthestreet wrote: »

Comet are wrong, of course, but can you now go back to Nikon and make a claim under the camera warranty??

EDIT - there is a COMET Company Rep. registered on these forums - hopefully they will spot this thread and can help you.

Really????

wolfman210

Before taking the camera back to comet I contacted nikon they suggested I take the camera back to the point of sale which I did. Comet state they will send the camera back to Nikon so it's a merry go round . As stated the Citizens advice consumer service stated that I was entitled to a replacent. The wost thing about the whole thing is I need the camera soon as I am going on holiday. I suppose the mistake I made was to put the camera on one side after trying it without an sd card. The SD I put in was one recommended by Nikon for that camera. In fact the woman at Comet put in a different SD card, it still didn't work. SD cards over 2gb are all SDHC anyway.So it all revolves around the 28 day rule alleged by comet or what info the citizens advice consumer advice has given.

wolfman210

The camera was obviously "not fit for purpose" as required by the afore mentioned act. I believe under the act I should have been offered a replacement. Comet are using there own 28 day rule to send the faulty goods back to the manufacturer. Would they have given me a replacement if I took it back 2 days after purchase???

wealdroam

I believe that you should've rejected the goods as soon as you discovered that it didn't work properly.

I cannot see that you have yet acted in a manner that shows acceptance.

MSE's Consumer Rights article will explain the detail.

Gavin83

He's arguably had the goods too long to reject them though, 6 weeks is more than enough time to test the goods.

To be honest I can't see that comet are actually doing anything wrong here, they're offering a repair which is considered an acceptable remedy. You dont have to wait forever but you do need to give them time to put it right. It's unfortunate that you've got a holiday soon but at least you'll know for the future that it's best to test these things when you first receive the product.

SuperHan

As said above, you need to reject the goods under a 'reasonable' time frame in order to go down the "not fit for purpose" route. I don't think Comet (or anyone else) will say 6 weeks is reasonable for the fault you've found, and I think even their 28 day rule is generous.

They would have given you a replacement if you took it back at any point in the 28 days, that's what they're calling a reasonable amount of time, after that it's a repair.

Comet are the ones who are legally obliged to fix this problem, but they will do so by sending it back to Nikon. If Nikon are willing to take it from you and repair, you might find this to be quicker as you're cutting out the middle man.

But unfortunately, Comet are indeed playing by the rules on this one.