News1 min ago
Sale of goods act.
My daughter bought a new laptop from Comet yesterday and on getting it home she tried to set it up ready for use. After going through the set up procedure the computer wouldn't work. Telephone instructions from the retailer didn't help either. So she took it back to Comet today and attempts by them didn't work. So she asked for a refund or a replacement computer that did work.
Comet refused saying that they would have to keep the computer to ascertain why it wouldn't work and repair it which could take up to 21 days. They are implying that she must have "done something" to the computer during the 24 hours it was in her possession. So she no longer has the computer, nor does she have a refund, only a receipt from Comet to show that they have kept it.
Can she demand a refund or a replacement, or must she await the retailer's pleasure?
Comet refused saying that they would have to keep the computer to ascertain why it wouldn't work and repair it which could take up to 21 days. They are implying that she must have "done something" to the computer during the 24 hours it was in her possession. So she no longer has the computer, nor does she have a refund, only a receipt from Comet to show that they have kept it.
Can she demand a refund or a replacement, or must she await the retailer's pleasure?
Answers
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A customer's right to a refund (rather than simply to a repair or exchange), in respect of defective goods, lasts up until the point when the law deems that they've 'accepted' the purchase.
The duration of the '
The duration of the '
22:41 Thu 16th Dec 2010
Perhaps suggest she contact Trading Standards for advice. I once bought an item that was very expensive that went wrong from day one. I made the mistake of letting them repair it on numerous occasions and it never worked properly. By the time I had had enough, and asked for help, I realised I should have rejected it at the start, as being unfit for purpose under the sale of goods act. There are rules and regulations that need explaining by someone who knows the rules. Most of us don't really know what our rights are as a consumer, and it really is best to seek professional help. Trading Standards were brilliant with me, I would recommend them highly. They helped me to get my item fixed to my satisfaction.
A customer's right to a refund (rather than simply to a repair or exchange), in respect of defective goods, lasts up until the point when the law deems that they've 'accepted' the purchase.
The duration of the 'pre-acceptance period' isn't defined in law, and can vary with different types of purchases. However it always provides sufficient time for the customer to get an item home, unpack it and check that everything is working. In your daughter's case she never reached a point where she found that the computer was working as it should, so she has never legally 'accepted' it.
Consequently your daughter is entitled to a full refund from the retailer.
Chris
The duration of the 'pre-acceptance period' isn't defined in law, and can vary with different types of purchases. However it always provides sufficient time for the customer to get an item home, unpack it and check that everything is working. In your daughter's case she never reached a point where she found that the computer was working as it should, so she has never legally 'accepted' it.
Consequently your daughter is entitled to a full refund from the retailer.
Chris
three or so years ago i had exactly the same problem...
i got the laptop home and windows would not load...spoke on the phone and comet said to speak to fujitsu siemens and they would organise a repair
i stated that it was not fit for purpose ans went back to the store and suggested one of two options that suited me... it was the model i wanted...
one was a full refund or two was another new and boxed laptop of the same model....provided it was fired up in store to show that it wasnt a dodgy batch they had
the tech desk did this in about ten minutes and i was on my way no problems
i got the laptop home and windows would not load...spoke on the phone and comet said to speak to fujitsu siemens and they would organise a repair
i stated that it was not fit for purpose ans went back to the store and suggested one of two options that suited me... it was the model i wanted...
one was a full refund or two was another new and boxed laptop of the same model....provided it was fired up in store to show that it wasnt a dodgy batch they had
the tech desk did this in about ten minutes and i was on my way no problems
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