View Full Version : Comet Returns Policy
I could do with an answer fairly quickly please.
My partners mum bought a 19" DMTECH TV with an in-built DVD player some 11 months ago.
It has developed a fault over the past week, where it the picture would go, but there would be sound. Now the power adapter isn't powering the TV enough. When it plugs in, the light on the power pack and on the TV is flickering, and the TV wont turn on at all.
We took it back to Comet earlier, but they are refusing to offer a refund. They said they would only attempt to repair it, and only if they couldn't repair it, then offer a refund or replacement.
We don't want it to be repaired, we want a refund, but they are refusing and seemingly bending the sales of goods act.
Raistlin
12-07-2009, 13:28
Unfortunately you're not automatically entitled to a refund.
As you're past the 6 month point you will need to prove that the goods were faulty when sold in order to be sure of obtaining a full refund, your best bet would be to negotiate with them on the terms of the repair.
What I mean by that is that you should agree to the repair, with the proviso that if they can't repair it they will replace it, but also with the proviso that if the item develops a further fault within 6 months after the repair they will exchange it for a new item of similar value or provide a full refund.
You should (obviously) get this all in writing if you can.
Your only other redress is, as I've said, to get a specialist examiner to look at the item and (hopefully) to prove that it was faulty from the day you bought it - if you can't do that then you could try the small claims court, but I would imagine you would be highly unlikely to succeed with such a claim. Obviously either of these two options could end up costing you more money in the long term.
The TV wasn't faulty when it was sold. It developed it within the past week or so. It isn't our fault, it hasn't moved from its stand.
Raistlin
12-07-2009, 13:33
Precisely, so you're not automatically entitled to a full refund - as I said above.
Well, that really sucks, I thought if a product developed a fault within the first 12 months of purchase, of no fault of your own, you were entitled to a refund.
What happens if the fault comes back in another 11 months?
Also, if we accept the repair, it's repaired and given back, and then sometime later the same or another fault occurs...are we then entitled to refund?
You can't simply get 11 months use out of an item then demand your money back faulty or not.. The company has the right to offer a repair and even if they can't repair they again have the right to just offer an identical TV in exchange (will probably be a factory refurb)
JediMaster
12-07-2009, 13:38
Well, that really sucks, I thought if a product developed a fault within the first 12 months of purchase, of no fault of your own, you were entitled to a refund.
What happens if the fault comes back in another 11 months??
The repair should carry a 12 month cover for the part they replace.
Thats why I buy at Asda if its a cheap electric item. They refund or replace item No repair....
You can't simply get 11 months use out of an item then demand your money back faulty or not.. The company has the right to offer a repair and even if they can't repair they again have the right to just offer an identical TV in exchange (will probably be a factory refurb)
That sounds stupid to me though. If I buy a product such as a TV, I expect it to work for many years before starting to break. Breaking after 11 months isn't exactly the the 6 year policy stated by the law is it?
Also, a store policy cannot over rule the right of a customer request of a refund under the sales of goods act can it?
What 6 year policy?
A customer can request damages from the store within 6 years (depending on the type of product) if the product if faulty.
http://www.berr.gov.uk/whatwedo/consumers/fact-sheets/page38311.html
Ravenheart
12-07-2009, 14:04
There was a piece on the One show about this recently
http://www.bbc.co.uk/blogs/theoneshow/consumer/2009/07/03/sale_of_goods_act_letter_downl.html
Hope you get it sorted
The Sale and Supply of Goods to Consumers Regulations 2002 (http://www.opsi.gov.uk/si/si2002/20023045.htm)
They're doing nothing wrong, and are well within their rights to offer a repair.
rogerdraig
12-07-2009, 14:19
http://www.berr.gov.uk/whatwedo/consumers/fact-sheets/page38311.html#Q4IknowIcandemandmymoneybackwithina reasonabletimebuthowlongisthat
technically ( or lawfully really lol ) you dont have to accept a repair of of them you could just seek damages which ironically would normally be set at the cost of the item which would to some seem to intimate that they should at least consider just offering you a refund as many now do
BUT even though you could go down that route letting them try to fix it seems the sensible option that will be the least hassle
Tezcatlipoca
12-07-2009, 14:25
Also, a store policy cannot over rule the right of a customer request of a refund under the sales of goods act can it?
They are actually following the SoGA though... you have no right whatsoever to a refund after 11 months.
A refund can only be requested if a fault develops within a "reasonable time" - often taken to be the first 28 days since purchase, depending on what has been purchased.
The link you posted actually says that the "damages" you can seek are repair or replacement - which is what you have been offered.
zing_deleted
12-07-2009, 14:27
Im guessing a refund is wanted over a repair as the item was always pretty crappy from the off ;) lol
Tezcatlipoca
12-07-2009, 14:28
There was a piece on the One show about this recently
http://www.bbc.co.uk/blogs/theoneshow/consumer/2009/07/03/sale_of_goods_act_letter_downl.html
Hope you get it sorted
Not quite the same as this case though. In that example, the retailer would not even offer a replacement to the customer, so were shirking their responsibility under the SoGA.
In CHiLL's case, the retailer has offered repair/replacement, which is what they are supposed to do.
rogerdraig
12-07-2009, 14:33
They are actually following the SoGA though... you have no right whatsoever to a refund after 11 months.
A refund can only be requested if a fault develops within a "reasonable time" - often taken to be the first 28 days since purchase, depending on what has been purchased.
The link you posted actually says that the "damages" you can seek are repair or replacement - which is what you have been offered.
if you read
http://www.berr.gov.uk/whatwedo/consumers/fact-sheets/page38311.html#Q4IknowIcandemandmymoneybackwithina reasonabletimebuthowlongisthat
it says Quote
Q5. After the "reasonable time" has passed, what can I do?You may seek damages, which would be the amount of money necessary to have the goods repaired or replaced. Frequently retailers will themselves offer repair or replacement. But, if you are a consumer (not making the purchase in the course of a business) you have the statutory right to seek a repair or replacement as an alternative to seeking damages.
Unqoute
so no they don't have to offer a refund but equally you dont have to accept their repair you could just go to court to get the cost of item / repair etc
which you would most likely get, its just that its lots of hassle etc
but it means though they dont offer a refund it would likely be cheaper for the store than trying to defend any action ;)
that all said i would have no worries about a repair from comet and in anycase they will most likely just offer a replacement once they see that it wasnt deliberate damage which is most likely the reason they want to see it in the first place
Im guessing a refund is wanted over a repair as the item was always pretty crappy from the off ;) lol
A refund is wanted, but by the looks of things we can't get one unless they can't repair it.
arcamalpha2004
12-07-2009, 15:05
A customer can request damages from the store within 6 years (depending on the type of product) if the product if faulty.
http://www.berr.gov.uk/whatwedo/consumers/fact-sheets/page38311.html
Hiya CHiLL, Where the 6 years comes in to play is that you are entitled to take the case to the small claims court if you feel you have been treated unfairly, ie you believe that the set should have lasted more than 11 months, based on how much you paid for it the judge would decide on any action to take.
This has to be through the small claims court, which involves a fee, which is refunded if you win the case.
They are only obliged to offer a repair if it has gone past 6 months of the 12 month guarantee, I know it sucks, because how can you have faith in a product that packs in after 11 months?
We had a problem with comet over a laptop, after much badgering by myself to head office they eventually refunded the money, think they got fed up with me, and I bought a laptop somewhere else, not Comet ;)
Good luck :)
---------- Post added at 15:05 ---------- Previous post was at 15:01 ----------
Im guessing a refund is wanted over a repair as the item was always pretty crappy from the off ;) lol
I'm guessing you have a point, I learned the hard way lol. ;)
Always gives me a chuckle when I see these £45 dvd players and they offer an extended warranty with it :D
alferret
12-07-2009, 15:20
http://www.tradingstandards.gov.uk/advice/problemswithgoods-sum9.cfm
http://www.consumerdirect.gov.uk/after_you_buy/making-complaint/using-guarantee/
A refund is wanted, but by the looks of things we can't get one unless they can't repair it.
I dont get the problem here.
If they repair it you get the tv back in working order which I guess you want since you bought it. If they cant fix it you get a refund which you also want.
tweetypie/8
13-07-2009, 10:27
I could do with an answer fairly quickly please.
My partners mum bought a 19" DMTECH TV with an in-built DVD player some 11 months ago.
It has developed a fault over the past week, where it the picture would go, but there would be sound. Now the power adapter isn't powering the TV enough. When it plugs in, the light on the power pack and on the TV is flickering, and the TV wont turn on at all.
We took it back to Comet earlier, but they are refusing to offer a refund. They said they would only attempt to repair it, and only if they couldn't repair it, then offer a refund or replacement.
We don't want it to be repaired, we want a refund, but they are refusing and seemingly bending the sales of goods act.
what do you want BLOOD ? they are keeping up their part of the deal.
haydnwalker
13-07-2009, 11:59
As others have said SoGA says the company that sold the item must rectify the situation, to both parties satisfaction, though you must accept the replacement/repair in the first instance, because they have offered something to rectify your problem.
I would ask to speak to the Store Manager in regard to what RobM said in post #2 What I mean by that is that you should agree to the repair, with the proviso that if they can't repair it they will replace it, but also with the proviso that if the item develops a further fault within 6 months after the repair they will exchange it for a new item of similar value or provide a full refund.
They may or may not agree to this - and they by no means have to agree.
The product must work for a "reasonable time" but thats always interpreted differently by different people. I expect a TV to last AT LEAST 2 years without developing a fault, but I wouldn't reasonably expect it to last longer than that, especially with LCDs etc. Others may disagree with me though.
If in doubt speak to Consumer Direct, though I expect you'll be advised to accept the repair.
Raistlin
13-07-2009, 12:03
Agreed, my suggestion regarding trying to reach a compromise was just my 'ideal' - as haydnwalker says they're under no obligation to agree to any terms.
The main thing is not to be a stroppy customer. You need to be polite, calm, and friendly - that's the only way you're ever going to get any more than they're legally obliged to give you. If you start shouting the odds or being generally difficult they'll give you what you're entitled to and nothing more.
rogerdraig
13-07-2009, 13:19
As others have said SoGA says the company that sold the item must rectify the situation, to both parties satisfaction, though you must accept the replacement/repair in the first instance, because they have offered something to rectify your problem.
I would ask to speak to the Store Manager in regard to what RobM said in post #2
They may or may not agree to this - and they by no means have to agree.
The product must work for a "reasonable time" but thats always interpreted differently by different people. I expect a TV to last AT LEAST 2 years without developing a fault, but I wouldn't reasonably expect it to last longer than that, especially with LCDs etc. Others may disagree with me though.
If in doubt speak to Consumer Direct, though I expect you'll be advised to accept the repair.
you dont HAVE TO accept their repair you can get the repair done your self if you wish and claim the money back from them or just sue them for the cost of repair or replacement
as i said i wouldn't worry about getting a repair at comet but if you really don't trust a company then its good to remember they cant force you to get it repaired with them !
see
http://www.berr.gov.uk/whatwedo/consumers/fact-sheets/page38311.html#Q4IknowIcandemandmymoneybackwithina reasonabletimebuthowlongisthat
oh and as they say these new fangled tvs ;) lcd ect are better than the old ones i would expect a reasonably priced one to at least last 5 years as i have several tvs here that spend most of the day on which are over 10 years old with not one repair on any of them
AndyCambs
14-07-2009, 05:41
I presume you have the original receipt as well when you returned to the store?
rogerdraig
14-07-2009, 23:25
I presume you have the original receipt as well when you returned to the store?
why its not needed
why its not needed
You might need proof of purchase, to prove you got the item from them...
rogerdraig
15-07-2009, 00:22
You might need proof of purchase, to prove you got the item from them...
technically all you need take is someone who was with you when you bought it but in any case as its a fault no receipt is needed it might make things go quicker though ;)
had to add this as i cant finf it anywhere else thoug i know there have been a few court rulings on it lol
http://www.derby.gov.uk/Business/TradingStandards/FairTrading/Advice_to_Consumers.htm
Do I need a receipt to get a refund?
Basically, the answer is no but you will need another proof of purchase. This could be a bank statement indicating the purchase, credit card counterfoil or even a witness who saw you make the purchase. A receipt however is obviously the best proof of purchase you can get so look after it until you are sure that the goods are okay.
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