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I have purchased a Samsung television set from Comet on April

 

Customer Question

I have purchased a Samsung television set from Comet on April 14. The set has malfunctioned and i have contacted Samsung on several occasions. They sent me a USB key to assist with the problem, but the problem still exists. I called them today to tell them that i no longer wanted the set as it still presents with the same problem and they referred me to Comet. Comet advised me that I could not receive a refund as i needed to return the product, unopened within 7 days. I am unhappy with the product and want a refund so i can purchase another TV from another manufacturer. Please advise me of my rights.

 

Optional Information:
System of Law: England-and-Wales

Submitted: 339 days and 16 hours ago.
Category: UK Law
Value: £33
Status: CLOSED
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Expert:  UK-Justice replied 339 days and 16 hours ago.

Thanks for your question. Please remember to click ACCEPT once you get my answer.

You are entitled to reject goods that are not fit for purpose or of suitable quality.

You have a limited time in which to do this which is generally accepted as being around 14-28 days.

You should insist on a refund. If they refuse then you can issue proceedings against them for breach of contract.

Further if you paid by credit card, your card issuer will also be jointly liable under the Consumer Credit Act.

But what they are saying about unopened is rubbish.

Please remember to click accept so that I am credited for my time. Thank you.

Customer replied 339 days and 10 hours ago.

The background to this issue is that the Samsung TV was purchased from Comet, on April 14, 2012. It has presented with a problem wherein the screen fragments upon switching it on and also the screen goes blank. I have called times on the phone to Samsung about this problem over the last 3 weeks. They have sent a USB key with the latest software which has been downloaded (via advice on the phone from Samsung) but the problem still exists, so this is why i want no more to do with the TV and I am requesting a refund from Comet. I have spoken to Comet Head Office who advise me that they have a repair contract with Samsung and that I should contact Samsung in order to enable them to arrange pick up of the TV and subsequent repair. My complaint is that my contract was with Comet not Samsung. Surely if the TV is still not functioning properly, Comet should be refunding me the purchase price of the TV, rather then me having to send it back for repair? Are Comet in breach of their contract with me, the purchaser, if they refer me back to Samsung, or do I have to follow their advice and return it to Samsung for them to repair the TV? Is there some language I should use when speaking to Comet which points them to their obligation to me, the customer, or do I have to deal with Samsung? Should I be contacting Trading Standards? Appreciate your assistance.

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Expert:  UK-Justice replied 339 days and 10 hours ago.

Yes.

Comet should be refunding you.

Comet are in breach of contract. Your contract is with comet and NOT samsung.

You can consider suing and/or going to Trading Standards.

Please remember to click accept so that I am credited for my time. Thank you.

 
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