i pad

[Michael Igoe]

I was given an iPAD for my birthday, I am disabled and can only use my left hand. I was unable to use it. I visited an Apple shop yesterday, the assistant was very helpful he tried all sorts of different techniques to try and make the equipment accessible for me but sadly could not.

I tried to return it today to comet but they told me because it had been turned on and used (you had to download my tunes before you could use it) they said they were taking 10% of the price.

 

I told them I could not discover it was unusable until it was opened, they said it didn't matter.

 

Can someone tell me my rights surely if a product is not suitable purely because of my disability then I should get a full refund.

 

Michael

[silverfox1961]

Hi and welcome to CAG

 

I think a look at the OFT SoGA website should be a good start for you

 

http://www.oft.gov.uk/business-advice/treating-customers-fairly/sogahome

 

I would also be contacting Comet direct to complain. It is not your fault that the goods are not fit for purpose due to your disability

 

Comet has been taken over so I don't know if this email address is up to date but as far as I am aware, it is still active

 

bob.darke@comet.co.uk

[blitz]

In this situation you have no legal rights for return, a 10% reduction is actually an acceptable gesture as most companies would refuse a refund flat out.

 

Whilst I can only sympathise for not being able to use your right hand and completely agree that its not your fault for having a disability, it is neither the fault of Comet nor Apple that the iPad is not suitable for you. Refunds are only a legal obligation when the goods do not conform to contract, being fit for purpose for your use you would have to explicitly ask if it is suitable for someone with only use of one hand and that the experience of the individual selling must be reliable.

 

In this case as above I believe Comet have offered a fair offer

 

Apologise for any offence or bluntness its just impartial advise and insight into what your legal rights are.