Problem returning something

littld · 15-01-2006, 01:32

Apologies if this is in the wrong place.

I bought a phone last week at Comet which said it was handsfree.

Everyone I spoke to this week (about 12) said they couldn't hear me (unless I held the phone to my mouth, which then meant with the speakerphone on it deafened me).

I went back to Comet where I bought it and politely asked for a refund, on the grounds that it did not do the job I bought it for.

They spent 30 minutes testing it, and said if it was poor quality it is the manufacturer's fault and Comet would not get involved. Only if it was faulty could they refund the purchase.

Of course I asked for the manager but they were adamant. Their testing showed it worked as a phone and that was that.

Do I just accept that I have lost out and put it on eBay or should I take it further with Comet?

Advice greatfully received, thanks, Dave

**Rob** · 15-01-2006, 01:51

Bottom line a product has to be "fit for purpose". so if it is not doing what you expected it do do when you bought it, (that can be based on the shop's product description - including the packaging - or anything you asked a the sales staff) you are entitled to take it back for a refund.

---------- Post added at 01:51 ---------- Previous post was at 01:47 ----------

http://www.consumerdirect.gov.uk/you...s/fs_c04.shtml

Kliro · 15-01-2006, 02:10

Yeah from what I remember, its the distributors that have to sort out problems with the suppliers - not you.

TheDaddy · 15-01-2006, 02:12

Try getting them to exchange it or give you a credit note. Be firm with them it is faulty and not suitable for it's intended use, if they wont give in, stand out side the shop and tell everyone that is about to come in what a raw deal they have given you and see how they like that.

AndrewJ · 15-01-2006, 04:27

Good luck with Comet mate.

15-01-2006, 06:52

Quote:

Originally Posted by Saxo

Good luck with Comet mate.

Mmmm that's what I was thinking to, Comet aren't known for their customer services, good luck.

iain_herts · 15-01-2006, 09:10

i brought a new router on new year day and it was faulty 2 days later took it back and offered me a new1 or a refund. best thing to do is to quote the sales of good's act at them then they may do something

etccarmageddon · 15-01-2006, 09:42

did you buy it on a credit card - if so you can make section 75 claim via the credit card company if the retailer refuses a refund - in which case the credit card company give you the dosh and then claim off the retailer.

"Section 75 provides that for credit purchases with a cash price above £100 and not more than £30,000 the consumer is entitled to claim from the lender if things go wrong - e.g. if the supplier breaches the contract or if there was misrepresentation."

"if you pay by credit card you can claim your money back from the card company if the seller fails to honour the contract, or the item is faulty or if the seller wrongly describes it or if the supplier goes out of business with your money before the item is delivered
if you are buying an item costing over £100 and you are asked for a deposit, consider paying the deposit by credit card
you have protection whether you buy in the UK from a shop, by mail-order, by telephone or internet - the protection is the same
you are not covered by Section 75 if you use a debit or charge card."

"The effect of Section 75 of the Consumer Credit Act 1974 is that when a lender provides credit to finance a purchase from a separate supplier pursuant to pre-existing or contemplated future arrangements with that supplier, the lender is equally liable with the supplier for any breach of contract or misrepresentation by the supplier if all of the following conditions are met:

the cash price of the item is over £100 but not more than £30,000
the credit agreement is regulated, ie generally where not more than £25,000 of credit is advanced to an individual (includes sole traders, partnerships and unincorporated bodies)
the creditor is in the business of granting credit and the agreement is made in the course of that business
the credit is advanced under the arrangements between the credit grantor and the supplier, so that a bank overdraft arranged by an individual to pay for an item is not covered."

http://www.investorsassociation.org/...+postid=49189\

---------- Post added at 09:38 ---------- Previous post was at 09:34 ----------

this is your first port of call:-

http://www.tradingstandards.gov.uk/c...V0043-1011.txt

---------- Post added at 09:42 ---------- Previous post was at 09:38 ----------

if they offer to take it for repair and you hand them the phone you lose the right to a refund. so 3 things to remember

a) I am NOT accepting these goods.

b) I am REJECTING these goods.

c) I am only accepting a REFUND and dont under pressure let them take it for repair.

littld · 16-01-2006, 12:23

Thanks for the advice.

Comet have refused to refund me as they don't think it's faulty.

Today their Head Office backed this up and said I should contact BT.

BT said they have nothing to do with it and won't help.

As a last resort I have sent a letter to Comet's Head Office to see what they will do.

I'll let you know how I get on!

littld · 17-02-2006, 22:59

Okay, I got a reply from the Head Office saying they stood by the store decision but that I should take it back to the store for testing again.

So I did. A few days later I called and they had tested it and found it was faulty after all and I could go and get a refund.

When I got to the store they asked where the box, cables etc were and I stressed that I had returned it all complete. The staff have had a really bad attitude throughout this.

OK so I had to push and finally got my money back. I will never, never buy from them again. Over the last 15 years every TV, washing machine, fridge freezer, printer and vacuum cleaner I have owned was from Comet and I never had a problem before. They must realise that alienating customers is not going to help them win more business.

yesman · 18-02-2006, 00:17

Quote:

Originally Posted by littld

OK so I had to push and finally got my money back. I will never, never buy from them again. Over the last 15 years every TV, washing machine, fridge freezer, printer and vacuum cleaner I have owned was from Comet and I never had a problem before. They must realise that alienating customers is not going to help them win more business.

Good for you, in the past I have always found that Comet sales persons (staff) are quite arrogant, it must be in their training

Minbu · 18-02-2006, 00:32

Glad you got it all sorted. The bottom line is that the retailer is responsible not the manufacturer. It makes no difference what the company's policy is, the law is on your side. If they refuse to give a refund, write to the chairman or MD of the company and tell them you are giving them a chance to explain why they are breaking the law before you sue them under the Sale of Goods Act. That usually works!

etccarmageddon · 18-02-2006, 00:40

Quote:

Originally Posted by yesman

Good for you, in the past I have always found that Comet sales persons (staff) are quite arrogant, it must be in their training

yeah I've found some to be complete prats.