Can they refuse to fix it?

useful_contacts

My sister got a new phone for Christmas(last) off her husband, it was an 02 phone which he purchased in Tescos. A week later a fire broke out in their house(They were out at the time) and they lost most of their stuff.

Fast forward this week- her phone (which she got at christmas) started switching on and off during calls and seen as she has only had it 3 months should be still under warranty. However the reciept and the box were lost in the house fire so she doesnt know if they will fix it without all that info.

She had registered the phone on the 02 site when she got it, will that make a difference?

flywheel

depending on the make / model the repair centre may be able to determine if it is still within warranty (e.g. Sony Ericsson handset have the manufactured date on the label)

best to find a repair center and ask, quickest way to find out the answer to her question... the likes of www.mprc.ie or www.fonefix.ie would be good places to try...

anthony4335

Usually when you buy a phone the shop will record the imei number (I think that this may be a requirement by law not sure ),this will match with you sisters phone. So this is the only record that she needs. She should go back to where she bought it and demand that they send off the phone for repair, cannot understand why as it means nothing to them as it does not cost them money. If the refuse demand to see the manager and explain her case, if they refuse them tell them that they will see you in the small claims court. Irish consumer law states that the point of purchase is responsible for dealing with defects.

Buttes, Le Mao

you are entitled to do one of the following, refund repair or store credit, they can give you any one at their disgression.

chrislad

They can offer to fix it but you don't have a leg to stand on if they refuse. You have no proof of purchase. The onus is on the consumer to provide that. If they kept a log, all well and good but seeing how it was Tesco, I doubt it. O2 will probably send it for repair for you without a receipt though, but I wouldn't expect a swap out, refund or credit, as you're not entitled to it without a proof of purchase.

Our man in Havana

Usually when you buy a phone the shop will record the imei number (I think that this may be a requirement by law not sure)

Not a legal requirement at all. Just one of the network policies. Like the way some shops will ask for a name when buying a phone, again no legal basis for this.

atgate

chrislad wrote: »

They can offer to fix it but you don't have a leg to stand on if they refuse. You have no proof of purchase. The onus is on the consumer to provide that. If they kept a log, all well and good but seeing how it was Tesco, I doubt it. O2 will probably send it for repair for you without a receipt though, but I wouldn't expect a swap out, refund or credit, as you're not entitled to it without a proof of purchase.

Just remember that proof of purchase doesn't always have to be a receipt... if you paid by credit card or laser you might be able to use the bank/card statement - most of the time this will suffice. Remember if it was bought in Tescos then your contract of sale is with Tescos as the seller and that's where you should first go (o2 or the phone manufacturer may offer warranty but that is in addition to your statutory rights with Tesco).

su_dios

O2 don't fix the phones as far as I know, an outside company does. They don't need receipts for this and check the warranty on the phone. You are more than likely better off going straight to the companies anyway as you'll get the job done faster. Check one of the above posts for the companies. If its nokia then head to dawson street!

Sam Vimes

anthony4335 wrote: »

Usually when you buy a phone the shop will record the imei number (I think that this may be a requirement by law not sure ),this will match with you sisters phone. So this is the only record that she needs. She should go back to where she bought it and demand that they send off the phone for repair, cannot understand why as it means nothing to them as it does not cost them money. If the refuse demand to see the manager and explain her case, if they refuse them tell them that they will see you in the small claims court. Irish consumer law states that the point of purchase is responsible for dealing with defects.

that won't be necessary. o2 records the imeis of all purchases. of course they don't have to and the point of purchase is only responsible if the customer can prove that the shop is the point of purchase so going to the shop and demanding this and that when you haven't a legal leg to stand on probably won't get you very far. however i can guarantee you that asking nicely will have the phone sent off no problem

Doctor DooM

If you ask someone politely in O2 Retail they may be able to replace the unit.

They replace all O2 handsets, not just ones bought in O2 retail.

They might be able to check the warranty if the phone came from one of their suppliers.

If not, tell us the model of the phone and I might be able to point you to an independant repair shop who could help.

Random

If the phone was bought in Tesco then Tesco won't have printed a receipt with a IMEI on it. O2 (Retail) won't have any way either to get this receipt. You will only be able to get this sent off for repair (you won't, or at least shouldn't based on their rules, get a swap out phone if you don't have an receipt with IMEI on it) if you can prove purchase but exceptions could be made for a repair. Try Retail Care on 1850 923030.

++ Edit
Just adding a reference for my comment about needing receipt with IMEI for a swap out:
http://www.o2online.ie/wps/wcm/connect/O2/About+O2/Terms+and+Conditions/Other+services#SOS

Where an O2 customer referred to in 2. above returns a faulty mobile phone to an O2 Retail Outlet with appropriate proof of purchase (being an electronically printed receipt setting out date of purchase and the IMEI number of the mobile phone) during the Warranty Period and provided the fault is covered by Warranty then O2 will, subject to availability of the stock, provide a like-for-like exchange for the faulty mobile phone. Where a like-for-like mobile phone is not available, then a mobile phone of equivalent value and functionality will be provided from available stock.

Doctor DooM

random wrote: »

If the phone was bought in Tesco then Tesco won't have printed a receipt with a IMEI on it. O2 (Retail) won't have any way either to get this receipt. You will only be able to get this sent off for repair (you won't, or at least shouldn't based on their rules, get a swap out phone if you don't have an receipt with IMEI on it) if you can prove purchase but exceptions could be made for a repair. Try Retail Care on 1850 923030.

Trust me on this, sometimes they can, if it came from one of their suppliers. This would be worth a shot.

4Xcut

Buttes, Le Mao wrote: »

you are entitled to do one of the following, refund repair or store credit, they can give you any one at their disgression.

Wrong. You are entitled to a replacement or a refund. Store credit is not acceptable. FACT

Gillo

4Xcut wrote: »

Wrong. You are entitled to a replacement or a refund. Store credit is not acceptable. FACT

Can you post to the relevant legislation?

My understanding is that it's at the stores discretion.

OP o2 retail stores can sort the phone once it is a warranty issue, it would usually be swapped out for the same model.

There is a system in place that would allow them to access a POP, I'm honestly not sure if it'll work for a phone bought in Tesco's, but if you want to pm me the IMEI I can check for you during the week when I am back in work.

I take it that it is an o2 branded phone purchased in Tesco and not a Tesco mobile mobile phone.