Comet Returns Policy

[CHiLL]

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]

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.

[CHiLL]

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]

Precisely, so you're not automatically entitled to a full refund - as I said above.

[CHiLL]

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?

[Kymmy]

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]

Originally Posted by CHiLL

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....

[CHiLL]

Originally Posted by Kymmy

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?

[SnoopZ]

What 6 year policy?

[CHiLL]

Originally Posted by SnoopZ

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/cons...page38311.html

[Ravenheart]

There was a piece on the One show about this recently

http://www.bbc.co.uk/blogs/theonesho...ter_downl.html

Hope you get it sorted

[nffc]

The Sale and Supply of Goods to Consumers Regulations 2002

They're doing nothing wrong, and are well within their rights to offer a repair.

[rogerdraig]

http://www.berr.gov.uk/whatwedo/cons...thowlongisthat

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

[Matt D]

Originally Posted by CHiLL

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.

Im guessing a refund is wanted over a repair as the item was always pretty crappy from the off lol