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Whats my Rights!!! Im fuming!

Hi, people

following my thread here:

http://forums.moneysavingexpert.com/showthread.html?t=797495

I went out and brought a Toshiba L40-18Z from Comet as the home premium upgrade was costing around the same.

Anyway got home, turned it on and it had 2 dead pixels on it. in different places

So took it straight back within the hour and they refused to exchange it saying its not covered by manufacturer warranty. one of the staff shrugged his shoulders and told me I should of taken out the extended warranty!!!

I asked for a refund and they refused as it was opened, so I asked if they could give me Gift card for the amount but one of the arrogant guys told me it was used as I turned it on, so no gift card voucher credit?

Whats my rights on this because Im furious at how they couldnt careless!
«13456711

Comments

  • wifeforlife
    wifeforlife Posts: 2,735 Forumite
    Part of the Furniture 1,000 Posts Photogenic
    I'm sorry to hear of your bother

    My understanding is that something has to be fit for purpose which it clearly isnt, so under the sale of good act surely your entitled to a refund or a replacement

    Also with regards to the sod's reply about extended warranty, is an extended warranty not just that - extended after the intial warrantly has finished

    Try searching consumer rights within the whole site and I know Martin has a whole host of information

    Hope you get it sorted pronto

    Cate
  • impy78
    impy78 Posts: 3,157 Forumite
    Aparantly if it's less than 4 dead pixels, they consider it to be fit for the purpose
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • fwor
    fwor Posts: 6,845 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    It's an interesting one, in that some manufacturers (particularly of budget LCD monitors) state in their literature that the screen may have a small number of dead or stuck pixels.

    However, they don't have a chance - unless the staff at Comet pointed out the faults (or likelihood of faults) to you before you bought. The dead pixels are clearly defects, and given that you took it straight back it's obvious that the defects were present from new. Hence warranty is irrelevant - it should just be a case of replacement or refund.

    I would take it back, calmly explain this to them and then tell them that you will pursue it via legal action if they do not co-operate.
  • Millionaire
    Millionaire Posts: 3,748 Forumite
    1,000 Posts Combo Breaker
    What if they still refuse to exchange it after I take it back again? what can I do?
  • Aliktren
    Aliktren Posts: 306 Forumite
    http://lifehacker.com/software/lcds/fix-your-lcds-dead-pixels-152062.php

    http://www.wikihow.com/Fix-a-Stuck-Pixel-on-an-LCD-Monitor

    might help, might also be worth checking the warranty that came from Toshiba

    But I'd agree, if they didnt state a dead pixel policy, then I think you're in the right and can demand a replacement
  • Aliktren
    Aliktren Posts: 306 Forumite
    and phone comet customer services and complain, rather than the store, ask to speak to a team leader
  • Aliktren
    Aliktren Posts: 306 Forumite
    owners of comet are kesa :


    <SPAN id=lblContentBody>KESA Electricals PLC
    22-24 Ely Place
    London EC1N 6TE

    Phone :
  • Millionaire
    Millionaire Posts: 3,748 Forumite
    1,000 Posts Combo Breaker
    Aliktren wrote: »

    But I'd agree, if they didnt state a dead pixel policy, then I think you're in the right and can demand a replacement

    Thanks for the links, can you explain who didn't state a dead pixel poilicy? Toshiba or Comet?

    Who can I argue the case against? the Comet staff were very arrogant and blunt in there responses from the start.

    Basically telling me tough luck!

    There were 2 other other people at the till there who coudln't believe the staffs attitude regarding it and mentioned that they were getting angry for me!
  • Aliktren
    Aliktren Posts: 306 Forumite
    Comet

    you bought it from them so they are the first port of call, you have more rights with them than the manufacturer IIRC

    as I said, the store people are generally useless, phone customer services and make a fuss
  • Millionaire
    Millionaire Posts: 3,748 Forumite
    1,000 Posts Combo Breaker
    Right, Going back to Comet, will update when back. Thanks
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