Nokia/Meteor Bastards!

Random

Because you've clearly done something to it.

Nody

Dylan_James wrote:

Why?

Because your rights only cover problem with a product that is there at the time you bought it (as in the reason for the problem was in said item when you bought it and not added later by say you dropping it in a full sink of water).

Dylan_James

Lads, already we have had this discussion. Check out the thread posted here previously. There we quote Irish consumer law. Companies may say to you the phone is out of warranty but the fact is this warranty will never affect your consumer rights, which are, if you are not entirely happy with a product, you have to be offered a repair, replacement or refund.

And if you’re still not convinced call the Irish office of Consumer Affairs. There is a phone number on this site:

http://www.odca.ie/

Random

"if you are not entirely happy with a product" - this is very poor paraphrasing.

Dylan_James

Poor paraphrasing or not Ciaran, this is what they will say to you if you ring them.

Random

Dylan_James wrote:

Poor paraphrasing or not Ciaran, this is what they will say to you if you ring them.

Goods (including those bought in a sale) must:

* Fit the description given
* Be of a quality fit for sale
* Be fit for their purpose
* Match any sample show
* Have the full retail price clearly displayed

Dylan_James

ciaranfo wrote:

Goods (including those bought in a sale) must:

* Fit the description given
* Be of a quality fit for sale
* Be fit for their purpose
* Match any sample show
* Have the full retail price clearly displayed

Yes see you have just unproven your own point there Ciaran. In this case the Goods where not of a quality fit for sale or purpose if they become damaged by water condensation, perspiration or "dust" related damage that some members here have complained about that the user can not be held accountable for. Drop your phone in a big puddle and i have no sympathy for you. But you cant be held responsible for a phone that allows moisture in the air or dust to damage it.

Just give them a call tomorrow Ciaran, its a free phone number as far as I know.

Nody

Dylan_James wrote:

Yes see you have just unproven your own point there Ciaran. In this case the Goods where not of a quality fit for sale or purpose if they become damaged by water condensation, perspiration or "dust" related damage that some members here have complained about that the user can not be held accountable for. Drop your phone in a big puddle and i have no sympathy for you. But you cant be held responsible for a phone that allows moisture in the air or dust to damage it.

Just give them a call tomorrow Ciaran, its a free phone number as far as I know.

Once again you're doing your own reading of the law Dylan. There are specific phones made for rougher handling then usual that can handle water and what not. Of course someone can be hold responsible for condensation and dust. Or do you think you can mishandle your items as much as you want and then go to court and get a new one every time (Oh I did not know I could not have it out in the rain talking mr judge and I never read the user manual!)?

And for your reference please read No. 16/1980: SALE OF GOODS AND SUPPLY OF SERVICES ACT, 1980, there is NOTHING in there about 6 year warranty. Also allow me the qoute the law directly (PART II SALE OF GOODS, section 10):

(3) Goods are of merchantable quality if they are as fit for the purpose or purposes for which goods of that kind are commonly bought and as durable as it is reasonable to expect having regard to any description applied to them, the price (if relevant) and all the other relevant circumstances, and any reference in this Act to unmerchantable goods shall be construed accordingly.

You would never expect to have your TV/computer work in rain, condensation or a dusty envirmoment. Hence they are as durable as it is reasonble to expect. No, electronics are not suitable in wet or dusty enviroments, this is not something exactly new...

Dylan_James

Hey i am bored of this now, check the last thread and give them lads a call tomorrow.

See what they say.

Absolam

Dylan_James wrote:

your consumer rights, which are, if you are not entirely happy with a product, you have to be offered a repair, replacement or refund.

If the product is faulty or not fit for the purpose for which it was sold. The sale of goods act does not indemnify comsumers against unhappiness. In fact; no consumer legislation provides a remedy for unhappiness. Not in any country, as far as I know.

Sam Vimes

Dylan_James wrote:

There we quote Irish consumer law. Companies may say to you the phone is out of warranty but the fact is this warranty will never affect your consumer rights, which are, if you are not entirely happy with a product, you have to be offered a repair, replacement or refund.

[hill billy accent]
ehhhh, mr judge, i bought me a tv and i pushedededed it off of a clif and it broked into a million cajillion pieces. i'm not entirely happy with it and i want me a new one
[/hill billy accent]

the fault was not there when the phone was purchased. when you bought it was of merchantable quality. the fact that you got water in it is not their problem. next time buy one of these.

Dylan_James

Just call them Vimeze, see what they say.

Sam Vimes

Dylan_James wrote:

Just call them Vimeze, see what they say.

i intend to. and if the person on the other end of the phone tells me that i can break something through misuse and then get a new one i'll call that person a liar.

if i can get a free replacement for everything i've bought even after i damaged it, i'm off to cancel my home insurance. sure they have to give me a new house if this one burns down don't they? i won't be entirely happy with it anymore

Random

Hell... try it... do everything in your power to get the phone replaced. If you succeed please let us know what you did. When you fail, leave it alone.

Sam Vimes

right so. i didn't call them but i checked the website. here's some extracts:



You have no grounds for redress if

* You were told about the defect before you bought the item
* You examined the item before you bought it and should have seen the defect
* You bought the item knowing that it wasn’t fit for what you wanted it to do
* You broke or damaged the product
* You made a mistake when buying the item (for example, if you bought an item of clothing thinking it was black when it is actually navy)
* You change your mind

i think numbers 1, 2, 3 and 4 apply to this case

http://www.citizensinformation.ie/categories/consumer-affairs/consumer-protection/consumer-rights/consumers_and_the_law_in_ireland

Dylan_James

I was going to leave this but I just couldn't resist


* You were told about the defect before you bought the item

Covered in the last thread, this problem with water damage is covered in the manual, it isnt labeled on the box which is what you buy. Excuse me Vimezy but when was the last time you asked to see a manual for something you bought.

* You examined the item before you bought it and should have seen the defect

Again, how by hold a model of the phone are you supposed to know it will be damaged by water condensation.

* You bought the item knowing that it wasn’t fit for what you wanted it to do

Again covered in the last thread, the term "mobile phone" defines it really. if they cant sell phones that work in a irish climate then thats their problem. not the customer.

* You broke or damaged the product

Again same as above, how are you to know that the normal conditions in ireland could break your phone?

Vimezy, ring them, pretend your in a scenario, say to them your phone had a software problem. When you returned the phone for repair they told you it was water damaged. You said it was in warranty. They said water damage voids the warranty.

When you do ring them man, let us know what they say. Because if you come back here and say something different then i will give them a call, get permission to record them and post it up here. Stop spouting crap and do some research. The whole thing about your house burning down was pathetic.

Gillo

First of all it's highly unlikely that they will give you permission to record them.

Second, you have to remember that you are going to a consumer group looking for advice, it's like going to a trade union looking for advice; they are aware of the law but have a habit of giving their view of the law.

Instead of calliing them again, call a decent solicitor (not a no win no fee smuck) and get their advice give them the full story and see what they say.

I saw it only yesterday a customer brought a phone into me complaining that it would not charge, she get pretty pi$$ed when I showed her where the contacts were all damaged (covered in that green "scum", sorry late one last night brain still hasn't kicked in), despite clearly been able to see what the problem was she still insisted that the phone had never gotten anyway wet.

Some people just don't want to accept that it's their fault (even if it was accidental). It happened me only last week, I missed a train and had to wait a hour for the next, obviously I wasn't inpressed. I had a nice little rant to myself, the guy who stopped me for directions, my daughter messing instead of just getting dressed, someone else in the house turning off the heating and me having to wait to have a shower all combined to make me late and miss the train. Did they f$@k!!! I should have just left the house 5 minutes earlier. What I'm saying is sometimes you have to accept that it's no one else's fault.

(Once again to save any confusion, I'm posting here on my behalf, not on my employers)

Sam Vimes

Dylan_James wrote:

* You were told about the defect before you bought the item

Covered in the last thread, this problem with water damage is covered in the manual, it isnt labeled on the box which is what you buy. Excuse me Vimezy but when was the last time you asked to see a manual for something you bought.

loads of people i know have had their phones water damaged. for you not to know that phones can be water damaged quite easily, you would have to be living on the moon. and if you don't read the manual, its not the shops problem. they provided you with the information. you simply chose not to read it. also, i just looked at a receipt for something i bought in carphone warehouse and it says:

no liability is accepted for:
any defect from fair wear and tear
rain, water or other liquid damage
accidental or willful damage


so if you bought your phone in carphone warehouse, you would have been told in two separate places about this. i can't say for sure about other shops because i don't have their receipts handy but i think its safe to assume they have similar terms and conditions

Dylan_James wrote:

* You examined the item before you bought it and should have seen the defect

Again, how by hold a model of the phone are you supposed to know it will be damaged by water condensation.

because its a piece of electronic equipment which is not water proof. as someone has said on this thread, would you use your tv outside in the rain?

Dylan_James wrote:

* You bought the item knowing that it wasn’t fit for what you wanted it to do

Again covered in the last thread, the term "mobile phone" defines it really. if they cant sell phones that work in a irish climate then thats their problem. not the customer.

emm, no its not. all "mobile phone" means is that its mobile. it doesn't say anything about it being water proof. a "mobile phone" can be moved to the bottom of a river. doesn't mean it'll work there.

they can sell whatever they want. they make it very clear that they will not entertain any water damage related problems in the manual and you have two weeks to decide that you don't accept these terms and return the item.

if you don't think their product will stand up to the use to which you intend to put it, you can choose not to buy it. such is the beauty of capitalism.

Dylan_James wrote:

* You broke or damaged the product

Again same as above, how are you to know that the normal conditions in ireland could break your phone?

in that case, whether you knew it was going to happen or not is beside the point. when i go out this morning, i don't know if someones going to push me over and break the phone in my pocket. the fact that i don't know this does not entitle me to a new one. i would have damaged it. end of discussion.

also, i've never water damaged a phone. i've managed this because i'm extremely careful. i know how easy it is to water damage them. it is quite possible to use a phone in ireland without water damaging it.

Dylan_James wrote:

Vimezy, ring them, pretend your in a scenario, say to them your phone had a software problem. When you returned the phone for repair they told you it was water damaged. You said it was in warranty. They said water damage voids the warranty.

When you do ring them man, let us know what they say. Because if you come back here and say something different then i will give them a call, get permission to record them and post it up here. Stop spouting crap and do some research. The whole thing about your house burning down was pathetic.

yeah i've discussed this with a couple of people and they've all said that those people will tell you whatever you want to hear. what they tell you is pretty much irrelevant if their website says something else.

and what you said they'll tell me "you are entitled to a refund if you're not entirely happy" is obviously not true. why would anyone insure an item against damage if they could smash it to bits and then demand a new one?

go and read the page i linked to above. it spells out your consumer rights.

Cabaal

Dylan_James wrote:

Again covered in the last thread, the term "mobile phone" defines it really. if they cant sell phones that work in a irish climate then thats their problem. not the customer.

Dam it, so thats where I;m going wrong!
My laptop which is a "mobile computer" broke when I got it wet, I guess its not fit for the purpose Its intented for and as such I should be allowed a new one :rolleyes:

After all it should be able to manage Irelands climate

Random

When I filled out my Meteor contract the guy asked about my occupation - I told him I was a scuba diving instructor! I told him the phone was for work!

dloob

I dropped my Nokia 6680 in the loo shortly after getting it
I was sure it was a gonner but after drying it out on the radiator and some time on my PCs fan vent it was fine and has provided over a year of faithful service so far since its bath.
So there's a happy phone and water story.

Sam Vimes

dloob wrote:

I dropped my Nokia 6680 in the loo shortly after getting it
I was sure it was a gonner but after drying it out on the radiator and some time on my PCs fan vent it was fine and has provided over a year of faithful service so far since its bath.
So there's a happy phone and water story.

i've done something similar. i spilled beer on my phone and i left it on a shelf for four months because it wouldn't turn on. i was on my way out to buy a new one and i thought it try charging it just to see. it worked and lasted me another year til some scumbag robbed it. still voids the warranty though