OT- Faulty goods/warranty claim

sorry for the off topic, but I know many on here are aware of consumer laws.
About 6 weeks ago we purchased a combined dvd/video from comet(nearest store
130 miles from here).
For the first few weeks we only used the dvd, which worked fine, then upon
trying the video part we discovered it was faulty.
Now that we have had the chance to return it they say we cant get exchange
or refund as the item is older than 28 days, it must be returned to
manufacturer and there will be a 21 day turnaround. Is this correct or is
there anything I can do?

David Harvey wrote:
sorry for the off topic, but I know many on here are aware of consumer laws.
About 6 weeks ago we purchased a combined dvd/video from comet(nearest store
130 miles from here).
For the first few weeks we only used the dvd, which worked fine, then upon
trying the video part we discovered it was faulty.
Now that we have had the chance to return it they say we cant get exchange
or refund as the item is older than 28 days, it must be returned to
manufacturer and there will be a 21 day turnaround. Is this correct or is
there anything I can do?



The "28 days" rule that Comet is quoting (and, it has to be said, other
retailers also quote this or something similar rule to consumers) is an
abitrary concoction that actually does not have any legal standing as it
may have the effect of reducing your rights under the SOGA.

What they mean to say is that, in their opinion, 28 days is reasonable
enough time for a consumer to inspect and accept any goods purchased;
and, that any goods kept beyond 28 days are deemed to have been accepted
by the buyer. In this case, after 28 days the buyer is not entitled to
return the goods for a refund but is - as per the SOGA - entitled to
either a repair or replacement of any defective goods. You may have a
hard time convincing a judge that 28 days in order to inspect and accept
goods is unreasonable and so it probably is not worth arguing with Comet
on this point.

However, where they go wrong is the claim that this "28 day" rule also
entails that you must deal with the manufacturer in order to remedy the
problem. This is simply wrong. It is their responsibility to take care
of the problem. Further, to quote from the Trading Standards website
"... the repair or replacement must be carried out within a reasonable
time and without causing significant inconvenience to the consumer. If
this does not happen or the repair or replacement is not possible, then
the consumer can rescind the contract (claim a refund) or request a
reduction in purchase price"

For more information take a look at the advice leaflets here
http://www.tradingstandards.gov.uk/cgi-bin/callist.cgi

"Dan Hicks" wrote in message
...
David Harvey wrote:
sorry for the off topic, but I know many on here are aware of consumer
laws.
About 6 weeks ago we purchased a combined dvd/video from comet(nearest
store 130 miles from here).
For the first few weeks we only used the dvd, which worked fine, then
upon trying the video part we discovered it was faulty.
Now that we have had the chance to return it they say we cant get
exchange or refund as the item is older than 28 days, it must be returned
to manufacturer and there will be a 21 day turnaround. Is this correct or
is there anything I can do?



The "28 days" rule that Comet is quoting (and, it has to be said, other
retailers also quote this or something similar rule to consumers) is an
abitrary concoction that actually does not have any legal standing as it
may have the effect of reducing your rights under the SOGA.

What they mean to say is that, in their opinion, 28 days is reasonable
enough time for a consumer to inspect and accept any goods purchased; and,
that any goods kept beyond 28 days are deemed to have been accepted by the
buyer. In this case, after 28 days the buyer is not entitled to return the
goods for a refund but is - as per the SOGA - entitled to either a repair
or replacement of any defective goods. You may have a hard time convincing
a judge that 28 days in order to inspect and accept goods is unreasonable
and so it probably is not worth arguing with Comet on this point.

However, where they go wrong is the claim that this "28 day" rule also
entails that you must deal with the manufacturer in order to remedy the
problem. This is simply wrong. It is their responsibility to take care of
the problem. Further, to quote from the Trading Standards website "... the
repair or replacement must be carried out within a reasonable time and
without causing significant inconvenience to the consumer. If this does
not happen or the repair or replacement is not possible, then the consumer
can rescind the contract (claim a refund) or request a reduction in
purchase price"

For more information take a look at the advice leaflets here
http://www.tradingstandards.gov.uk/cgi-bin/callist.cgi


In addition to the above, if a problem occurs within 6 months of the
purchase (of goods bought on or after March 31 2003) then it is up to the
trader to prove that the faults was not present at the time of purchase. You
have the right to ask the trader to to ask the trader to replace the goods ,
repair them , have a reduction in purchase price or rescind the contract and
get a refund . They are entitled to offer to repair it but as Dan stated
above the timescale must be 'reasonable'.

You have no contract with the manufacturer only with Comet.

Adagio

"Adagio" wrote in message
...

"Dan Hicks" wrote in message
...
David Harvey wrote:
sorry for the off topic, but I know many on here are aware of consumer
laws.
About 6 weeks ago we purchased a combined dvd/video from comet(nearest
store 130 miles from here).
For the first few weeks we only used the dvd, which worked fine, then
upon trying the video part we discovered it was faulty.
Now that we have had the chance to return it they say we cant get
exchange or refund as the item is older than 28 days, it must be
returned to manufacturer and there will be a 21 day turnaround. Is this
correct or is there anything I can do?



The "28 days" rule that Comet is quoting (and, it has to be said, other
retailers also quote this or something similar rule to consumers) is an
abitrary concoction that actually does not have any legal standing as it
may have the effect of reducing your rights under the SOGA.

What they mean to say is that, in their opinion, 28 days is reasonable
enough time for a consumer to inspect and accept any goods purchased;
and, that any goods kept beyond 28 days are deemed to have been accepted
by the buyer. In this case, after 28 days the buyer is not entitled to
return the goods for a refund but is - as per the SOGA - entitled to
either a repair or replacement of any defective goods. You may have a
hard time convincing a judge that 28 days in order to inspect and accept
goods is unreasonable and so it probably is not worth arguing with Comet
on this point.

However, where they go wrong is the claim that this "28 day" rule also
entails that you must deal with the manufacturer in order to remedy the
problem. This is simply wrong. It is their responsibility to take care of
the problem. Further, to quote from the Trading Standards website "...
the repair or replacement must be carried out within a reasonable time
and without causing significant inconvenience to the consumer. If this
does not happen or the repair or replacement is not possible, then the
consumer can rescind the contract (claim a refund) or request a reduction
in purchase price"

For more information take a look at the advice leaflets here
http://www.tradingstandards.gov.uk/cgi-bin/callist.cgi


In addition to the above, if a problem occurs within 6 months of the
purchase (of goods bought on or after March 31 2003) then it is up to the
trader to prove that the faults was not present at the time of purchase.
You have the right to ask the trader to to ask the trader to replace the
goods , repair them , have a reduction in purchase price or rescind the
contract and get a refund . They are entitled to offer to repair it but
as Dan stated above the timescale must be 'reasonable'.

You have no contract with the manufacturer only with Comet.

Adagio

Thanks guys

I worked at Comet for a very short time and found they would either reapir
the item for you with their own Comet staff or they would send it off for
you to the manufacturer - are they telling you to send it off directly to
the manufacturer?

It probably adds a few days going via Comet to get it sent there and back
compared with going to the manfacturer direct.