Comet Nonsense!!

everythingblogcast

Thanks for updating up. Nice to hear that you got sorted. Dell are the worst they believe that dead pixels are to be on a LCD screen. I had a LCD screen delivery and it was damaged and also had dead pixels and of course dell wanted to know how many dead pixels there were.

But BlackSheep1979 you are wrong about the to repair or replace. The buyer decides what happens, but always the sales of goods act protects the customer.

Blacksheep1979

No you don't - seriously speak to a solicitor if you don't believe me. The choice (and I can't be bothered to look up the legislation) to repair or replace is at the retailers discretion, well unless there have been multiple reoccuring faults then it gets a little trickier and you can ask for replacement or partial refund(time dependant).

avfc4life

MINMOUSE wrote: »

Had the repair guy out today and suprise, suprise it's faulty. He has given us all tht paperwork to return the TV back to Comet. He admitted that Comet could have just exchanged or refunded as he charged them £75 for the call out and the TV would just returned to the manufacter anyhow.

Good! you have got what you wanted as you were right and Comet are £75 worse off as they tried to mess you about. I dont know much about legal stuff but can you return a purchase like this upto about 28 days (sometimes 14 depending on the store) as long as it is still in the same condition?

everythingblogcast

Blacksheep1979 wrote: »

No you don't - seriously speak to a solicitor if you don't believe me. The choice (and I can't be bothered to look up the legislation) to repair or replace is at the retailers discretion, well unless there have been multiple reoccuring faults then it gets a little trickier and you can ask for replacement or partial refund(time dependant).

Yes you do, contact trading stamdards if you dont believe me.

hollydays

Think Blacksheep is correct here.

pulliptears

Sorry, another vote for Blacksheep here as well...

everythingblogcast

holydays and pulliptears
if you think Blacksheep1079 is correct then get a link to the place that states that the seller has to decide what they do.

gibby

had the same rubbish with comet
they stall you with the engineer crap - & even when faulty they want to replace

we ahd the same with a faulty cooker & TS were great

By law you can REJECT the goods because they are faulty or damaged

Your consumer rights allow you to return the goods within 14 days if you are not ahppy with them, although you should keep the packaging intact etc or a charge may be made

comet have a differnet set of rules displayed in their stores which contradict your rights
the staff will swear you & TS are wrong

we had to endure 3 months of not giving up and being screamed at by a manager in their Kingston Park store
in the end we threatend them with county court action, wrote to the MD of Comet & Kesa a promsied to hand out leaflets until we got the refund

We also got handed from dept to dept on the xpensive 0870 numbers
& a nice girl apologized & said that no dept would take responisbilty

In the end a slimy manager got on the phone apologized for the behaviour of his staff and issued a refund

you can also try your card Co if the goods are faulty but it takes ages

glad you got your result - although when the engineer told us we could have a refund the store told us he wasnt able to promise it

Giibby

Blacksheep1979

everythingblogcast wrote: »

holydays and pulliptears
if you think Blacksheep1079 is correct then get a link to the place that states that the seller has to decide what they do.

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

7th point down and 8th point down

If however, the fault occurred after this reasonable period of time then you lose the automatic right to a refund and must accept one of the other three options. But, and it is a big but, the law gives the right to the retailer as to which he/she chooses to do at this stage. It is unfair to expect a retailer to compensate someone when a replacement part is easily at hand. Likewise a repair may be more favourable than a full replacement.

from http://www.singletrackworld.com/article.php?sid=1250

not a legal website no - but starting to get a concensus here

Remedies where the consumer cannot reject the goods
...

If a repair or replacement would put the breach right, and the trader offers this to the consumer, he/she would normally be expected to accept it.

http://www.tradingstandards.gov.uk/cgi-bin/bglitem.cgi?file=badv073-1011.txt

hmm contrary to what you're saying, trading standards seem to agree with me.

And finally the legislation itself - the Sale of Goods Act 1979

48A.
(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.
(4) Subsection (3) above does not apply if—
(a) it is established that the goods did so conform at that date;
(b) its application is incompatible with the nature of the goods or the nature of the lack of conformity.

Repair or replacement of the goods

48B.
(1) If section 48A above applies, the buyer may require the seller—
(a) to repair the goods, or no mention of refund...
(b) to replace the goods.
(2) If the buyer requires the seller to repair or replace the goods, the seller must—
(a) repair or, as the case may be, replace the goods within a reasonable time but without causing significant inconvenience to the buyer;
(b) bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage).
(3) The buyer must not require the seller to repair or, as the case may be, replace the goods if that remedy is—
(a) impossible, or
(b) disproportionate in comparison to the other of those remedies, or
(c) disproportionate in comparison to an appropriate reduction in the purchase price under paragraph (a), or rescission under paragraph (b), of section 48C(1) below.
(4) One remedy is disproportionate in comparison to the other if the one imposes costs on the seller which, in comparison to those imposed on him by the other, are unreasonable, taking into account—
(a) the value which the goods would have if they conformed to the contract of sale,
(b) the significance of the lack of conformity, and
(c) whether the other remedy could be effected without significant inconvenience to the buyer.
(5) Any question as to what is a reasonable time or significant inconvenience is to be determined by reference to—
(a) the nature of the goods, and
(b) the purpose for which the goods were acquired. .

Ok so the full refund (within short period of time) is due to rejecting the contract due to goods not fitting description/purpose. The above is after you have accepted the contract and you have to right to repair or replacement only - if these can't be done then you have the right to a refund LESS an amount that would be representative of how much use you've had.

The last highlighted bit says that if one choice ie repair or replacement is more expensive than the other the seller can choose not to do that ie the seller can choose which they want (unless they're stupid and want to go for the more expensive option)

Any further questions, please ask.

stugib

gibby wrote: »

Your consumer rights allow you to return the goods within 14 days if you are not ahppy with them, although you should keep the packaging intact etc or a charge may be made

I'm sure you've posted this before - I've never seen any mention of 14 days in any legislation, and you can't return something because you're 'not happy' with a product (distance selling excepted), only if they're faulty/not fit for purpose et. What are you referring to?


w.r.t. who chooses I was just about to quote from the DTIs advice to retailers booklet before blacksheep posted. IMHO this is one of the less clear things in the way the Act is written and the advice in that booklet seems just as vague but I'd agree with his(?) interpretation - the consumer can demand a repair or replacement but it effectively gives the choice to the retailer because they can just choose to do what's most cost-effective for them.