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As Comet appears not to have abided by the UK consumer law, we believe Mr Johnston still has the right to a repair or replacement if the laptop proves faulty
I bought a laptop from Comet on 22 November last year which soon became faulty. I took it back to Comet and a staff member examined the machine and agreed I could select a replacement. Then another man I assumed to be a manager refused to allow this.
I used the PC for a while but eventually had to buy a replacement from Comet together with a docking station.
Richard Johnston
Mr Johnston may be able to argue for a refund because Comet appears to have refused to abide by its responsibilities under UK consumer statutory law.
The Sale of Goods (SoG) Act gives all consumers the right to take goods back if they believe they are inherently faulty. This protection lasts up to six years in England, Wales and Northern Ireland and five in Scotland.
An amendment to this law, the Sale of Goods to Consumers 2002 (which came from an EU Directive and which some people mistakenly believe has superseded the SoG Act) gives consumers up to six months after purchase in which they do not have to prove the goods are inherently faulty.
The retailer must prove otherwise and if it can’t or won’t, it has three options under the SoG. Generally if the goods have been in the consumer’s possession for more than a month, the retailer can have the goods repaired. If this is not possible it must offer a replacement or a refund.
From what Mr Johnston has told us Comet didn’t even try to ascertain if the computer was faulty, which it should have done. The fact that he has now bought a new laptop does not mean his rights for the other computer have lapsed.
Also, because he first took the laptop back during the six-month grace period given to him by law, and Comet did not follow the legal process, we believe this right still exists for him.
If so Comet should take away the laptop and examine it free of charge. If it finds an inherent fault, Mr Johnston may have a case for a refund because he was not given the chance of a repair or replacement when he first made his complaint. We have contacted Comet and asked it to re-open this case.
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Similar experience
I bought an Advent Laptop from PC World three years ago. I took it back faulty within the first 6 months and it was "repaired" and a charge of £30 was made to save my HD contents which didn't include added software packages to the tune of around £200. Three years have passed and the same fault reoccurred. I have had this assessed by an independent engineer (cost £20) who is is adamant the fault is "Inherent Fault" with Nvidia graphics card heat probs. He believes a cooling fan patch was added at the first repair in order to cover the known fault (plenty of info exists about this fault). I returned the Laptop to PC World in Yeovil and was declined replacement. Was offered repair at cost! When I reminded the assistant of the consumer Law I was told not to be so rude!(I had suggested the assistant was repeating PCWorld Version of Consumer Law!) I am now having to work up a case of known inherent fault and take this through the small claims court! Having spent several thousands of pounds with the DRG group over the years I WAS expecting a better response!
Posted by Howard Wright, 06 Aug 2011
Comet - Laptop
I have had similar problems with Comet in the past, I no longer shop there, regardless of price. On two occasions I have had cause to return items for different reasons, each time I was initially fobbed off, but stood my ground, quoted consumer law, which I looked up, and received refunds. Stand up for your rights and choose your shops wisely.
Posted by Paul, 20 Aug 2011
Same problem with HP
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Posted by Keith Drury, 22 Aug 2011
Laptops from Comet
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Posted by Simon Jefferies, 09 Sep 2011
Laptop issue with Comet too
I've had two Toshiba laptops (identical models) fail in under 2 weeks and 2 months. Exactly the same issue with both and the laptop wont run under battery. Comet wont issue a refund but just a repair. But there appears to be an inherent problem that Toshiba have acknowledged as a 'hardware fault'. I wont be buying from Comet again.
Posted by S Jefferies, 09 Sep 2011
COMET wont refund or replace PC
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Posted by Lee, 08 Dec 2011