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Eastender | 11:34 Wed 27th Jun 2007 | Law
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Hi, I bought a LCD TV from comet Store, paid cash have had it only for 12days. The problem is I have getting a line of flickering red dots on the left hand side (most probably the pixels?). I have been in touch with the store who now wish to pass the problem on to the makers (Samsung). I dont think this is acceptable. Am I within my rights to take the TV back and ask for another new one? If its gone wrong after 12days and a engineer comes out and takes a look at it, how long will it be before something else goes wrong? Thankyou
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Your contract is with the store not with the manufacturer. You want a replacement or your money back as it is not fit for purpose.
You are well within your rights. I had the similar problem with Comet, telling me I couldn't have a refund and they would send the telly away to be repaired. I ended up writing a letter to the Managing Director and getting a full refund that way.
I agree with the others. You have a 'reasonable time' (not specified by law) to accept or reject the goods. If a fault appears in the 'reasonable time' then you can reject them because of an inherent fault and get a full refund. In my opinion 12 days is reasonable so you have the right to demand a refund if the goods are faulty. Even if 12 days is too long, the store must repair or replace. As said above, the manufacturer is irrelevant - your contract is with the retailer.
http://www.dti.gov.uk/consumers/fact-sheets/pa ge38311.html
Twelve days is not too long for an inherent fault.

Demand a refund.

Under the Sale of Goods Act it must be:

As described
Fit for the purpose
Of satisfactory quality.

It is not of satisfactory quality nor fit for the purpose - you can't get a good picture because of the fault.

Do not be fobbed off.
I see what you mean - their terms and conditions say that any faulty item in the manufacturer's guarantee period will be repaired by one of their engineers
https://comet.custhelp.com/cgi-bin/comet.cfg/php/enduser/std_adp.php?p_sid=Tei2JaFi&p_lva=&p_faqid=44&p_created=1058952951&p_sp=cF9zcmNoPSZwX2dyaWRzb3J0PSZwX3Jvd19jbnQ9Mjc4JnBfcGFnZT0x&p_li=
and then "this doesn't affect your statutory rights" in small print below!

As everybody says it sounds a right try on!


Their terms and conditions are irrelevant - the law is the law (your statutory rights). They will try to hide behind their policy but as ethel says, do not be fobbed off. The law is on your side!!
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Thanks for all your input.

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