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"Reasonable time" for refund on a faulty dvd system

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Old 21 February 2005, 07:43 PM
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scatter_wrx
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Default "Reasonable time" for refund on a faulty dvd system

I've recently purchased a Philips all-in-one dvd\cinema system (16 days ago) from Comet. I'm not fully satisfied with the quality of the product & am planning to take it back - listing a few faults:

- It stops playing some dvd's at certain points of the film (which have played in other dvd players ok)
- Sound on some dvd's goes off for a second, whilst the dvd continues to play
- Poor sound quality on surround sound when watching tv channels

My preference would be to get a refund so I can get a different system. I had a look at the laws covering this & the sales of goods act states that I can demand my money back within a "reasonable time". But I'm wondering what is a reasonable time for this type of kit?

The dti website also states that "The law does not specify a precise time as it will vary for most sales contracts as all the factors need to be taken into account".

Anyone rejected electrical goods before & got a full refund? If so, how long after purchasing the goods was this?

TIA
Old 21 February 2005, 08:50 PM
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mart360
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reasonable time for comet is 28 days... if it goes back after that refunds a re subject to an engineers inspection.. and you know what that will say

get in there pronto, and reject under sale of goods act..

not fit for purpose intended,,

and not of merchantable quality..



Mart
Old 21 February 2005, 11:21 PM
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GC8
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The law doesnt specify a reasonable time; you are certainly able to reject goods up to six months after purchase; however much retailers dislike this its your statutory right.

If they try to f*ck you about then Id advise that you take it up with your local authoritys trading standards department.

Simon
Old 22 February 2005, 12:34 PM
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Thanks for the info. I had a look on their website before & could only find the distance selling regulations with regards to returning items.

I don't think there will be an issue with returning the item as there is a definate fault. However, i'm hoping for a refund, rather than getting a replacement\fix.

Time to give them a call!
Old 22 February 2005, 12:43 PM
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mart360
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Originally Posted by GC8
The law doesnt specify a reasonable time; you are certainly able to reject goods up to six months after purchase; however much retailers dislike this its your statutory right.

If they try to f*ck you about then Id advise that you take it up with your local authoritys trading standards department.

Simon
the law dosent, but comet have a 28 day policy.....!!!

take it in before 28 days, and they will refund / replace with no quibble

after 28 days, all refunds replacements must be examined by an engineer


its quite simple.... under 28days refund replace on the spot

after 28days examination by engineer to confirm fault ... then dependant on findings repair / replace


Mart
Old 22 February 2005, 04:57 PM
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GC8
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Mart, I’m sure you realise that there is a difference between Comet's preferred policy and what you’re entitled to under the law. Your statutory rights, which you can enforce, do not limit a 'reasonable time' to 28 days irrespective of whether this suits retailers or not.

This 28 day nonsense is commonplace but all they can actually do is check to see if there's really a fault; they’d have to prove that it wasn’t there at the time of manufacture in order to avoid refunding if you requested this, and this really isn’t possible/practical.

Simon
Old 22 February 2005, 05:21 PM
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I wonder if relying on the law means they have the option to replace rather than refund. Which he don't want.
Old 22 February 2005, 05:28 PM
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GC8
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Refund within six months (full purchase price, not a depreciated-credit) unless the retailer can prove that the fault was not there when the product was sold, which's virtually impossible. If their customer service people (central, not in-store) continue with the same ****e then take it up with your local authoritys trading standards department; itll soon be resolved then.


Simon
Old 22 February 2005, 06:37 PM
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ISTR the position is that anything sold is warranted as fit for purpose for 12 months. In the first six months, the shop has to be able to prove that something returned was fit for purpose if it doesn't accept the fault. After six months, it's up to you to prove that it's not fit for purpose.
Old 22 February 2005, 07:01 PM
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mart360
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Originally Posted by GC8
Mart, I’m sure you realise that there is a difference between Comet's preferred policy and what you’re entitled to under the law. Your statutory rights, which you can enforce, do not limit a 'reasonable time' to 28 days irrespective of whether this suits retailers or not.

This 28 day nonsense is commonplace but all they can actually do is check to see if there's really a fault; they’d have to prove that it wasn’t there at the time of manufacture in order to avoid refunding if you requested this, and this really isn’t possible/practical.

Simon
Yups i do,,, i was just trying to highlight that comet will not entertain any form of refund under sog after 28days, unless one of there engineers has seen it first..

naturally sog has the clout, all comet have done is a simple check to prevent

people who have used and abused stuff taking it back for refunds.

there bloody rigid on it... and i know sog very well..

you can stand there and scream the place down, but they wont budge util it has been seen by an engineer

Mart

Old 22 February 2005, 07:05 PM
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Im not sure about 12 months... Guarantees are now legally enforcable in England and Wales which they werent before and they commonly run for a period of twelve months. The consumer is protected for six years from the date of purchase (5 years in Scotland and NI); as Ive already said, within the first six months the responsibility lies with the vendor to establish that the fault was not there from manufacture, which isnt practical.

The majority of retailers adopted a bogus 28 day 'reasonable time' policy as they were concerned that theyd be refunding people left right (their legal obligation ffs) and centre and theyd prefer things to have remained as they were.

I dont think that theres anything to add to this now is there?

Simon
Old 22 February 2005, 07:08 PM
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Originally Posted by mart360
Yups i do,,, i was just trying to highlight that comet will not entertain any form of refund under sog after 28days, unless one of there engineers has seen it first..

naturally sog has the clout, all comet have done is a simple check to prevent

people who have used and abused stuff taking it back for refunds.

there bloody rigid on it... and i know sog very well..

you can stand there and scream the place down, but they wont budge util it has been seen by an engineer

Mart

I wouldnt entertain dealing with Comet Mart; and people call Dixons/Currys disreputable.....

Simon
Old 22 February 2005, 07:11 PM
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mart360
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Originally Posted by GC8
I wouldnt entertain dealing with Comet Mart; and people call Dixons/Currys disreputable.....

Simon

tell me about it..

on the other hand, i bought my mum a cd walkman last chrimbo from them.

after 8 months it died... i took it back...

they just gave me a brand new one..... the cost of exam and repair outweighs the cost of replacement. hence they just give a new one..

but your right... new stuff no way (ish)

mart
Old 23 February 2005, 10:26 AM
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OK, I took the system back to the shop last night, advised on the problems I had with it & stated that as I'd only had the item 17 days I was rejecting it & requested a refund . .

which I didn't get straight away. They are sending it off for an engineer's inspection & if the fault(s) are confirmed, I can get a refund.

So now it going to get interesting, I suspect the engineer will return it with no fault found. The 2 faults I had with dvd playback only occurred on a couple of dvd's (but then I didn't get to watch too many in 17 days!).

The surround sound problem I was having when viewing through sky took me 3 goes to get the bloke to write on the form sowewhere close to what the actual problem is - he then said that "not all tv\sky channels are meant for surround sound". Yeah, I know, but if a surround effect is used, it shouldn't sound rubbish.

So, i'm going to preempt not getting a refund & check out what my next steps are. I remember seeing something about returning faulty goods & not being happy with the outcome - either on the cab site or watchdog.

Not sure what to do yet when they contact me & advise they are not accpeting there is a fault. Do i collect the item & then take the next step, or leave it with them?

I'm also going to look into claiming against my credit card, I wonder what there procedure is for this type of thing.

Basically, I'm not happy with the quality of the product & don't want it back! I'm fed up with having tv's\dvd's which don't do the job properly & having to accept it as one of those things! At the moment, I'm determined to see this through, even if it means a visit to the small claims court.

Rant over, off for a coffee!
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