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refund on phone

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  • 19-09-2010 1:34am
    #1
    redarmy
    Registered Users Posts: 1,841 ✭✭✭


    hi
    just looking for some advice regarding a phone i got my wife in jan..
    has been back 3 times for repair and still turning it self off when making
    calls..rang shop they want to sent it back for the 4th time ..i said no..
    so they said we give u new phone but same phone not in stock???
    can i get refund..or better going small claims court
    thanks for reply


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    #2
    MunsterCycling
    Registered Users Posts: 4,864 ✭✭✭MunsterCycling


    If you have the proof of purchase then yes, you could of asked for a refund from the beginning but it would be reasonable to allow them to try to fix it once, 4th time is a joke


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    #3
    Walkman
    Registered Users Posts: 4,224 ✭✭✭Walkman


    No you cannot get a refund. The phone is 8 months old. The store has offered to replace the phone so if you go to the small claims court you will probably lose there too.


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    #4
    pleasant Co.
    Moderators, Technology & Internet Moderators Posts: 7,405 Mod ✭✭✭✭pleasant Co.


    Walkman wrote: »
    No you cannot get a refund. The phone is 8 months old. The store has offered to replace the phone so if you go to the small claims court you will probably lose there too.

    While I agree with your overall judgement, the age of the phone (at 8mths) is not a factor that would rule out whether a refund was due or not.


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    #5
    whiterebel
    Moderators, Business & Finance Moderators, Sports Moderators Posts: 14,926 Mod ✭✭✭✭whiterebel


    Walkman wrote: »
    No you cannot get a refund. The phone is 8 months old. The store has offered to replace the phone so if you go to the small claims court you will probably lose there too.

    Their options under the SoGA are Repair, refund or replace. So yes, there should be a possibility to refund. After 3 attempted repairs, I think a judge would probably say the customer has been patient enough, especially as the phone is only 8 months old, and basically unusable.


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    #6
    Walkman
    Registered Users Posts: 4,224 ✭✭✭Walkman


    The repair, refund or replacement is at the stores discretion, they have offered a replacement


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    #7
    MunsterCycling
    Registered Users Posts: 4,864 ✭✭✭MunsterCycling


    Shakes head in disbelief....

    How many times does this have to be covered, it is not at the retailers discretion it is between the two parties to negotiate the settlement and having to send a phone back for repair twice for the same problem (OP can you confirm that its the same issue each time?) is a failure on the part of the repairers to make a permanent repair so I would at this point mention you are exercising your statutory right and expect to be refunded as they have failed to repair the phone properly


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    #8
    whiterebel
    Moderators, Business & Finance Moderators, Sports Moderators Posts: 14,926 Mod ✭✭✭✭whiterebel


    Walkman wrote: »
    The repair, refund or replacement is at the stores discretion, they have offered a replacement

    Keep going, you'll surely get something right eventually.....:rolleyes:


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    #9
    the_syco
    Registered Users Posts: 37,301 ✭✭✭✭the_syco


    redarmy wrote: »
    so they said we give u new phone but same phone not in stock???
    Same phone, or better. Don't think they can offer you a sh|tter phone. Say you've done the repair, so either a replacement of the exact phone, or a full refund: see what their response to that is?


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    #10
    91011
    Closed Accounts Posts: 1,383 ✭✭✭91011


    Walkman wrote: »
    The repair, refund or replacement is at the stores discretion, they have offered a replacement

    They have not offered a replacement - they have offered a different phone. - Maybe the OP doesn't like the phone they are offering or has lost confidence in the retailer.
    Walkman wrote: »
    No you cannot get a refund. The phone is 8 months old. The store has offered to replace the phone so if you go to the small claims court you will probably lose there too.

    The OP stated that the phone had been returned 3 times. So the fault probably developed a while ago and still has not been corrected. In any case, if a permanent repair or exact replacement is not available, the ONLY option is a refund.


    OP - Print off the small claims court forms - fill in the details and then call into the store with the SCC form and ask for the registered address of the company and fill this information on the form in front of them. - Watch the attitude change.


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    #11
    foggy_lad
    Closed Accounts Posts: 20,373 ✭✭✭✭foggy_lad


    91011 wrote: »
    They have not offered a replacement - they have offered a different phone. - Maybe the OP doesn't like the phone they are offering or has lost confidence in the retailer.



    The OP stated that the phone had been returned 3 times. So the fault probably developed a while ago and still has not been corrected. In any case, if a permanent repair or exact replacement is not available, the ONLY option is a refund.


    OP - Print off the small claims court forms - fill in the details and then call into the store with the SCC form and ask for the registered address of the company and fill this information on the form in front of them. - Watch the attitude change.
    i had a similar issue with a company some years ago and wrote to them asking them to sort the problem by returning my phone repaired or refunding, i included tcopies of the small claims court and asked them to confirm if their details were correct, i had to ring the companies office for their registered company name:).

    i got a call next day to drop into the shop for the refund cheque which was €60 short but the manager sorted that out:)


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