Comet & Dyson - Return or Repair

[mandrews]

Hi - new and hoping someone can help here.

2 months ago we bought at great expense a dyson pet hoover from Comet. We have two cats, a new puppy and I am 6.5 months pregnant. The hoover now doesn't work. Dyson are the most awful people to deal with - apparently no dyson fails, those that do do because of user fault, and all can be fixed and an engineer is coming in two weeks. However having researched it seems they do fail - alot - and once they do they do it repeatedly. Comet refuse to take it back and want to send it away for repair. Apparently a fair and reasonable time for this is 28 days - despite my situation, cleaning the carpets/floors on hands and knees not exactly comfortable or sensible now. The unit is both faulty and does not do the job described and I cannot be without a hoover for two weeks or 28 days. I just want it gone and our money back. Is there anything I can do?

[katealpha]

I had a look at the Comet website - under customer services, faults - and they say that electrical goods they sell come with a minimum 12 months manufacturers guarantee. It also says that they have a 28 day returns policy. However, if the product is faulty, I am sure that you can return it for a refund or demand a replacement.
For vacuums it says to call the manufacturer helpline. For Dyson, the number is 0800 2980298

I would write Comet a letter explaining your situation and demand an immediate refund. Looking at consumer legislation (Sale of Goods Act 1979) say that you reject the purchase and their offer as the machine is faulty and not fit for purpose, and 2 weeks waiting for a repairman is not acceptable. You must demand an immediate refund and inform them of the dates you first demanded a refund so this is in writing.

If you paid by credit card I think you may be able to get your money back via the credit card company. I'm not exactly sure how this works.

[Tony]

Katealpha is correct. The Sale of Goods Act will protect you - see Sale of Goods Act | Consumer Information

Retailers have to be given the opportunity to repair the goods initially, but this should be within a reasonable time and should not cause significant inconvenience to you. This is not the case.

(2)If the buyer requires the seller to repair or replace the goods, the seller must—

(a)repair or, as the case may be, replace the goods within a reasonable time but without causing significant inconvenience to the buyer;

(b)bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage).

From: Sale of Goods Act 1979 (c. 54)

You should as Katealpha say, write a letter or e-mail, stating that you will rescind the contract unless a replacement is provided or a loan hoover is provided while yours is being repaired. You need to make your circumstance clear and give them seven days.

I hope this helps and let us know how you get on.

Tony

BTW The staff in the store may not know the law

[Tony]

Oh and with regard to the Consumer Credit Act the credit card company is equally liable if the item cost more than £100. You could go to them, but in practical terms you will get the issue resolved faster if you go to the retailer Comet in the first instance.

The Consumer Credit Act 1974 | Consumer Information
Consumer Credit Act - Your rights and obligations | Consumer Information

You have some protection with Visa debit cards:

Visa Debit Chargeback - The Facts | Consumer Information