Comet Nonsense!!

Poppy9

It says though you can rescind the contract - i.e. be put back in the position you were as if the contract had not taken place. No mention of time.

ADDITIONAL RIGHTS OF BUYER IN CONSUMER CASES

48A Introductory

(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.


48B Repair or replacement of the goods

(1) If section 48A above applies, the buyer may require the seller—

(a) to repair the goods, or

(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.


48C Reduction of purchase price or rescission of contract

(1) If section 48A above applies, the buyer may—

(a) require the seller to reduce the purchase price of the goods in question to the buyer by an appropriate amount, or


(b) rescind the contract with regard to those goods,


if the condition in subsection (2) below is satisfied.

(2) The condition is that—

(a) by virtue of section 48B(3) above the buyer may require neither repair nor replacement of the goods; or

(b) the buyer has required the seller to repair or replace the goods, but the seller is in breach of the requirement of section 48B(2)(a) above to do so within a reasonable time and without significant inconvenience to the buyer.

(3) For the purposes of this Part, if the buyer rescinds the contract, any reimbursement to the buyer may be reduced to take account of the use he has had of the goods since they were delivered to him.


48D Relation to other remedies etc

(1) If the buyer requires the seller to repair or replace the goods the buyer must not act under subsection (2) until he has given the seller a reasonable time in which to repair or replace (as the case may be) the goods.

(2) The buyer acts under this subsection if—

(a) in England and Wales or Northern Ireland he rejects the goods and terminates the contract for breach of condition;

(b) in Scotland he rejects any goods delivered under the contract and treats it as repudiated;

(c) he requires the goods to be replaced or repaired (as the case may be).

everythingblogcast

Blacksheep1979 wrote: »

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

7th point down and 8th point down

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

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

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.

Trading Standards have not posted here so dont say that they agree with you, that is making yourself out to be a rude poster.

deanos

I really dont like Comet but the retailer does have the right to check the goods are faulty before giving a refund, as the sales monkeys are not qualified then they send an electrical engineer, dosent seem unfair to me

Blacksheep1979

Poppy9 - it just says within a reasonable period of time, after that you won't get a full refund, just a refund less an appropriate amount that reflects fair usage.

everythingblogcast - no, they haven't posted HERE but their own words on their website seem very similar to mine... I don't see how quoting them and saying their view conisides with mine is rude. However your posts have been, not only to myself but others.

rygon

As far as i was aware, if the item is or becomes faulty within a reasonable time you have the right for a refund, repair or replacement (at the customers discretion) Anything after that is up to the company.

But with the tv and printer both became faulty within a reasonable time therefore it was the customer who got to decide what would happen (and if anyone else thinks that a printer doesnt need to last longer than 1mnth needs there head checking)

With reagrds to the dead pixels...they are dead if they are unlit, any colour and they are stuck, in which it is possibl to get them working again

Gers

I'm having the same sort of problem with carphonewarehouse who tell me that their T&C only allow for 28 days for faulty goods to be returned. Incidentally the piece of paper with all their T&Cs on doesn't mention this 28 days anywhere! And the phone is covered by both Sale of Goods Act and Nokia's 6 month warranty on the battery (which is the faulty part!) yet they kept on telling me about company policy and how that is their standard. Didn't care that I 'rejected' the goods or said it wasn't fit for purpose or quoted SoGA at them. :mad:

Am off to try again with a different branch now that I've fully read the T&Cs and boned up on SoGA on here.

Thanks

dangeroussports

What if they stick two fingers up at you and not give you refund/swap/ etc?

I suggest you contact TS at the same time.

Gers

dangeroussports wrote: »

What if they stick two fingers up at you and not give you refund/swap/ etc?

I suggest you contact TS at the same time.

I paid by credit card so will start a claim there too - AND contact TS and everything! I HATE being ripped off and told my statutory rights are being negated by flipping company policy!

Poppy9

Blacksheep1979 wrote: »

Poppy9 - it just says within a reasonable period of time, after that you won't get a full refund, just a refund less an appropriate amount that reflects fair usage..

But it also says you should be compensated if you are out of pocket. If you buy an item like a printer for say £40 you would expect it to last at least 12 months. That means depreciation of only £3.33 for each full month of use you had out of it. If you then claim compensation from them for say a return trip to the shop or even printing costs because you had to use a library/school etc which all charge - you get your full refund.

Incidently M&S did compensate me fully for a whole wash load when a child's sleep suit which was supposedly colour fast at 40 degrees ran into every other colour thing in the machine. I took the lot in and they gave me over £100 without any hassle.

everythingblogcast

Blacksheep1979 wrote: »

Poppy9 - it just says within a reasonable period of time, after that you won't get a full refund, just a refund less an appropriate amount that reflects fair usage.

everythingblogcast - no, they haven't posted HERE but their own words on their website seem very similar to mine... I don't see how quoting them and saying their view conisides with mine is rude. However your posts have been, not only to myself but others.

Well I called Trading Standards and they told me the information, of course my posts are rude, other getting back at other rude posts.