TV Died after 2 months, where do I stand

[OpenToSuggestions]

I bought a TV from a big uk retailer and it broke after 2 months. An appliance technician from the company came out and agreed it was nackered and I need to take it back and get a new one - I have been given an exchange code.

I got a letter today from the company saying if a similar tv is not in stock I can get the money on a gift card - I want a full refund, I do not want a gift card for £700ish for this store.

Where do I stand in this situation?

EDIT: I don't think my model of TV is on stock anymore.

 

[sid]

You can only get a refund in the first 28 days I think

 

[OpenToSuggestions]

What about the gift card?
I do not want a gift card for £700 for this store, as the after sales service has been terrible.

 

[dr4g0nf1y]

if they can't offer you a replacement then you should have your money back. comet is awful

 

[MoRT489]

I think as the liability lies with the retailer they should give you what u want not what they want.

From citizen's advice bureau:

If you take goods back to the seller because they are of unsatisfactory quality, not fit for their purpose or do not match their description then you do not have to accept a credit note, you are within your legal rights to ask for your money back.

http://www.adviceguide.org.uk/index...r_affairs_credit_notes_and_returned_goods.htm

Good luck

 

[OpenToSuggestions]

if they can't offer you a replacement then you should have your money back. comet is awful

how did you know it was them?

 

[mollymoo]

if they can't offer you a replacement then you should have your money back. comet is awful

I've had nothing but trouble with them they are terrible fully agree ......... wasn't really that hard to guess

 

[JBuk]

You don't have to accept a credit note, gift card or anything else (it's all the same rubbish really), if they tell you that then they're lying
If they can't replace or repair the set or you don't want to go down that route then they should offer you a refund, with it only being 2 months old then a full refund is reasonable.

Any trouble contact consumer direct, don't fall for the retailers bull **** though

 

[mattyg]

If the fault appeared within the first 6 months, Then the law states that it was there from new. Go get a refund


The Sale of Goods Act 1979 (as amended) states that when a consumer buys goods from a trader they must be: as described; of a satisfactory quality; and fit for any purpose made known at the time of sale to the seller.

This legislation also states that the seller, not the manufacturer, is legally obliged to sort out a problem if the goods do not meet these requirements.

The Sale of Goods Act 1979 (as amended) says: if goods break within the first six months after purchase then there is a presumption the goods were faulty when sold.






http://downloads.bbc.co.uk/theoneshow/txt/soga_letter_1.doc

HTH

 

[mollymoo]

Comet on the other hand will attempt a repair so you really need to go in well armed with info. If they attempt to offer a replacement you could accept a better one in exchange
As for a full refund I would look into it I was under the impression they are only liable for that if its within 28 days.
I f you are having troubles its always worth contacting the manufacturer and seeing what they can do although they are not obliged to get involved but they may swap it for you.
Never buy from Comet is my only advice they are terrible.

 

[mattyg]

The retailer would like everyone to think its 28 days because it was easier for them to send back to the manufacturer with 28 days but your contract is with the retailer not the maker.

A mate of mine had a samsung tv go faulty Comet/curry's didn stock the tv anymore so he put £100 towards it and got a new LG turns out much better than the samsung.

Funny thing is he still has the samsung so gonna keep quiet another month or so then get it repaired elswhere under warranty.

 

[mollymoo]

I still bet they try to attempt repair............ its just what they are like, as i said go armed with knowledge they are real slippery

 

[JBuk]

I still bet they try to attempt repair............ its just what they are like, as i said go armed with knowledge they are real slippery

They can repair all they want, he doesn't have to accept it

there is no 28 day thing, you're probably confusing the retailers own no quibble return policy with what is actual law

 

[Bry]

They are perfectly within their rights to repair the unit. If they can't repair it or if they want they can offer you a replacement. If they offer you a replacement that is below spec then you can refuse the replacement. If the replacement is exactly the same then you cant refuse it really at this stage.
I suppose you probably could refuse it if its a better spec but that would be hard to understand.
While you can demand a refund after 28 days you are not entitled to it as a first option. A credit note though is not something you have to accept

 

[mattyg]

I forgot to put this link into my first post

http://www.bbc.co.uk/blogs/theoneshow/consumer/2009/07/03/sale_of_goods_act_letter_downl.html

 

[mollymoo]

They can repair all they want, he doesn't have to accept it

there is no 28 day thing, you're probably confusing the retailers own no quibble return policy with what is actual law

Seriously not having a go here but as I pointed out Comet are slippery trust me on this one.
Case in point here is i bought a printer off them and went to take it back within 28 days he said fine not a problem you can have a full refund or replacement as it is within the 28 days. Point being there that they will pull it on you whether its consumer law or not but thats comet for you.
I have tried to return broken items to them after 28 days and they insisted on attempting repair.
As i have already stated you need to go to them armed to the back teeth with knowledge as they are slippery as fish

 

[dr4g0nf1y]

how did you know it was them?

I had nothing but trouble in my short experience with them.

I bought a grundig dvd player years ago, well actually it was a present for my 13th birthday. I kept having problems with it playing certain branded dvd's. Pathe and another company. I bought the fifth element and judge dredd and both weren't working.

I sent it back for them to fix it. it came back, basically untouched.

went in with my mum and sister telling them it wasn't working and they said no, it's fine, there's nothing wrong with it. so I remember saying what's the point in having a dvd player that wouldn't play dvd's. they said bring the dvd's back and we'll exchange them.

well, I never buy or have bought any dvd's from them because they open them all, plus they're overpriced and it's the fact that they're willing to replace the smaller priced items that I didn't even buy from them.

Got my money back and later got a sound system with a 3 dvd tray, had it 7 years, still works.

saying that I remember going it a few weeks later and they were trying to sell the dvd player. I stratched it on the corner very slightly and could tell it was mine. The ba****ds!

PC World, Comet and Curries are owned by the same parent compaany, that's why their service sucks poo poo

 

[rodo]

Probably one competitor there you want to remove but I agree on your comments re:service

 

[Strife212]

Actually, they are legally able to offer you a repair instead of a refund. Why don't some of you go and look up the law?

 

[JBuk]

Actually, they are legally able to offer you a repair instead of a refund. Why don't some of you go and look up the law?

A repair may not be possible or may be too costly (this has to be reasonable to the retailer also) if it was possible they could offer but it does'nt have to be accepted, 2 months is not a lot of time to own a tv that has totally died , it's reasonable to expect a full refund

they have offered a refund but in the form of a credit note which does not have to be accepted

Key Facts:
• Wherever goods are bought they must "conform to contract". This means they must be as described, fit for purpose and of satisfactory quality (i.e. not inherently faulty at the time of sale).

• Goods are of satisfactory quality if they reach the standard that a reasonable person would regard as satisfactory, taking into account the price and any description.

• Aspects of quality include fitness for purpose, freedom from minor defects, appearance and finish, durability and safety.

• It is the seller, not the manufacturer, who is responsible if goods do not conform to contract.

• If goods do not conform to contract at the time of sale, purchasers can request their money back "within a reasonable time". (This is not defined and will depend on circumstances)

• For up to six years after purchase (five years from discovery in Scotland) purchasers can demand damages (which a court would equate to the cost of a repair or replacement).

• A purchaser who is a consumer, i.e. is not buying in the course of a business, can alternatively request a repair or replacement.

• If repair and replacement are not possible or too costly, then the consumer can seek a partial refund, if they have had some benefit from the good, or a full refund if the fault/s have meant they have enjoyed no benefit

• In general, the onus is on all purchasers to prove the goods did not conform to contract (e.g. was inherently faulty) and should have reasonably lasted until this point in time (i.e. perishable goods do not last for six years).

• If a consumer chooses to request a repair or replacement, then for the first six months after purchase it will be for the retailer to prove the goods did conform to contract (e.g. were not inherently faulty)

• After six months and until the end of the six years, it is for the consumer to prove the lack of conformity.

Q9. Must I accept a credit note instead of a refund?
It depends on why you want to return the goods.

• If you have changed your mind, then the shop doesn't have to do anything.

• But if the goods are faulty, incorrectly described or not fit for purpose, then you are entitled to your money back (provided you act quickly), and you certainly don't have to take a credit note

• If you do accept a credit note in these circumstances, watch out, as there may be restrictions on their use.

• If the shop displays a sign stating they only give credit notes instead of refunds, they might be breaking the law and you could report them to Consumer Direct on 08454 04 05 06. Consumers in Northern Ireland should contact Consumer Line on 0845 600 6262.

take note of the last line