faulty 500 euro phone from carphone warehouse! my rights?? thank you!!

poeticmakaveli

Hi people! I bought a brand new samsung android galaxy phone in carphone warehouse about 4 weeks ago for almost 500 euros for phone and cover poooch! i used it for 2 days but found that my iphone was a far better phone so i put it back in its box and safetly put away in mty bedroom! just yesterday when i got the phone out to give it to a family member i noticed that that the phone didnt turn on! i charged it over night and no use! so i checked up on the internet and seen that people had the same problem with these phones and it seemed the circuit board was the problem, and also some got back fixed and they didnt last 2 weeks and they went again! my question really is when i bring this phone back today am i entitled to a refund??? or even a replacement??? one thing is for sure i havnt got the patients for them to send it off to get fixed when i only bought it 4 weeks ago for that ridicoulous amount of money!! i have receipt by the way!!!! would a appreciate a quick and sure reply coz i want to bring it up today and no what my rights are!! thanks!!

superfish

you have 28 days from when you bought it to return it if faulty and you can expect a full refund

also if you flash the sgs with darkyrom and turn on lagfix you will find that the Iphone is nowhere near as good after I did this to mine I ran quadrant standard and it turns out my sgs is faster than a nexus 2,2 and a moto droid, the sgs is a great phone you just need to give it a chance

MunsterCycling

To answer your question, yes without any doubt you are entitled to ask for a refund, hold firm and they will have to yield.

poeticmakaveli

i appreciate this reply but regardless of if its better now, it doesnt work now!! my receipt is in the drawer and i just have to hope that its under 28 days!! if not???

MunsterCycling

28 days is nonsense, your rights supersede their rights to restrict you

poeticmakaveli

thanks! i just have receipt here! it was bought 28th february! slightly over the 28 day mark!!!

superfish

poeticmakaveli wrote: »

i appreciate this reply but regardless of if its better now, it doesnt work now!! my receipt is in the drawer and i just have to hope that its under 28 days!! if not???

if not then they will offer to send it off to be fixed and im open to correction on this but if you did not get insurance on it then it will cost you 40 euro

superfish

MunsterCycling wrote: »

28 days is nonsense, your rights supersede their rights to restrict you

my mate works there its 28days for faulty goods

poeticmakaveli

ok well what will i say if they said we have to send it off to get fixed!? i mean its 4 weeks old,it cost 5oo euros! has been used for 48 hours when i got it and that was it!! i mean in all fairness there is no way i feel that i should have to wait around for tehm to send me back a faulty phone fixed temporarily!!

Kensington

They are going to want to have it checked out first - you are highly unlikely to get a refund or instant replacement (although you could always ask anyway).

In terms of your rights, the Sale of Goods and Supply of Services Act 1980 covers you here. It entitles you to:
- a repair OR
- a replacement OR
- a refund
in no particular order of priority.

It does not specify who (you or the store) gets to choose which of the three is chosen nor does it give you an automatic entitlement to a specific one. Once the store offers you one of the above three, they are fulfilling their legal requirements (you could challenge their offer in the courts if you wished, but this would take far longer than a repair and you have no guarantee the court would rule in your favour).

If the do insist on a repair, which I imagine they will, then that repair must be permanent. If you get the phone back in a few weeks time and it dies on you again, you would then be in a position for declining another offer of repair and insisting on a replacement or a refund.

Your original reason for wanting to return it, because you didn't like it, is not covered by SOG&SOS. You have no comeback under law because you have simply changed your mind or decided you don't like it anymore.

Hope this helps!

superfish

poeticmakaveli wrote: »

ok well what will i say if they said we have to send it off to get fixed!? i mean its 4 weeks old,it cost 5oo euros! has been used for 48 hours when i got it and that was it!! i mean in all fairness there is no way i feel that i should have to wait around for tehm to send me back a faulty phone fixed temporarily!!

id go in and be really nice about it and just ask if you cant get a refund could you have a replacement tell them that you have only used it for 48hours, and im sure if your not dealing with an ass hole he/she will give you a replacement if not you will just have to wait to get it fixed, if your stuck with the phone id flash it and keep it, if you need any help doing this just ask, let us know how you get on

Mimikyu

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superfish

Captain Morgan wrote: »

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I did say I was open to correction lol I heard this happened to a guy with his iphone when the screen cracked and he had insurance

poeticmakaveli

well its not because i didnt llike it! its because its broke!!!!!!! i was giving it way to a family member!! by the way, in the last 18 months,in this store i have bought a laptop worth 400, another samsung worth 400, and iphone worth 550 and now this worth 500!!! i dont give a **** about the money! its the principle! and by the way that 400 samsung phone i got of them before was sent away 3 times to be fixed!!! so im not in the form for their crap about sending it off to get fixed!!! and u can be sure they will suggest sending it off to get fixed coz they are too mean! so maybe il explain my case to my soliciter if its a case they wanna send it to get fixed and whatever he says i will be happy to do!! thanks for your reply though!

poeticmakaveli

superfish wrote: »

id go in and be really nice about it and just ask if you cant get a refund could you have a replacement tell them that you have only used it for 48hours, and im sure if your not dealing with an ass hole he/she will give you a replacement if not you will just have to wait to get it fixed, if your stuck with the phone id flash it and keep it, if you need any help doing this just ask, let us know how you get on

cheers fish! but if its completly dead how do i flash it?! maybe il mail u after i deal with them today and then that way they cant say the phone was interfered with!!

superfish

poeticmakaveli wrote: »

cheers fish! but if its completly dead how do i flash it?! maybe il mail u after i deal with them today and then that way they cant say the phone was interfered with!!

oh ya you cant flash it with darky rom if its not turning on anyway lol you would have to root it first il explain the pros and cons when you get your replacement

and dude calm down before you go in just be as nice as you can with them and if you dont get your way then be an asshole wit them an like I say post up the results here after im interested to see how it works out for ya

oh and the best of luck too

godtabh

Kensington wrote: »

In terms of your rights, the Sale of Goods and Supply of Services Act 1980 covers you here. It entitles you to:
- a repair OR
- a replacement OR
- a refund
in no particular order of priority.

A lot of rubbish posted on this thread but this is the only one with valid feedback

Corruptedmorals

poeticmakaveli wrote: »

well its not because i didnt llike it! its because its broke!!!!!!! i was giving it way to a family member!! by the way, in the last 18 months,in this store i have bought a laptop worth 400, another samsung worth 400, and iphone worth 550 and now this worth 500!!! i dont give a **** about the money! its the principle! and by the way that 400 samsung phone i got of them before was sent away 3 times to be fixed!!! so im not in the form for their crap about sending it off to get fixed!!! and u can be sure they will suggest sending it off to get fixed coz they are too mean! so maybe il explain my case to my soliciter if its a case they wanna send it to get fixed and whatever he says i will be happy to do!! thanks for your reply though!

Yes fair enough, it's faulty. But as quoted above, the shop are well within their rights to attempt a repair first. If this fails, you can then press for a replacement. You will get nowhere if you go in roaring for a refund, you are NOT entitled to one unless the other two methods are not effective in solving the problem first. How much money you spend in the shop does not matter, this is not a local cornershop with its OWN policies. Chances are, the first repair will work. You will waste an awful lot of time, effort and money if you drag a solicitor into this, the shop is operating within the confines of consumer law. It is not the same as a €5 top in Penneys and shouldn't be treated as such- how many phone shops could cope with handing out refunds to everyone? They are there to remain in business after all.

foggy_lad

superfish wrote: »

if not then they will offer to send it off to be fixed and im open to correction on this but if you did not get insurance on it then it will cost you 40 euro

It should not cost anything but shops like cpw smyths curry's etc try to make even more from customers by charging for engineers reports etc.

superfish wrote: »

my mate works there its 28days for faulty goods

shop policy only, this policy can not affect your statutory rights

superfish wrote: »

id go in and be really nice about it and just ask if you cant get a refund could you have a replacement tell them that you have only used it for 48hours, and im sure if your not dealing with an ass hole he/she will give you a replacement if not you will just have to wait to get it fixed, if your stuck with the phone id flash it and keep it, if you need any help doing this just ask, let us know how you get on

will flashing some dodgey firmware onto the phone not invalidate the warranty from samsung and also be classed as customer damage thus voiding any statutory rights you may have as it would not be done by an authorized repair centre??

poeticmakaveli

superfish wrote: »

oh ya you cant flash it with darky rom if its not turning on anyway lol you would have to root it first il explain the pros and cons when you get your replacement

and dude calm down before you go in just be as nice as you can with them and if you dont get your way then be an asshole wit them an like I say post up the results here after im interested to see how it works out for ya

oh and the best of luck too

cheers bud i appreciate it! lets hope i get a replacement at least!!! but as u well know there is a good chance im gonna get that asshole! ill post the result up in an hour or so!!! oh by the way,if they say they wanna send it off after been nice with them,should i just say not yet i want to check with my soliciter?? i dont wanna be an asshole either but i cant let them away with this!! if it was 6 or 12 months down the line then fair enough but not after 4 weeks!! 48 hours really!!!!

superfish

lot of rubish posted ? read this http://www.carphonewarehouse.com/dm/apple-iphone/terms I refer to the section on faulty goods

Mimikyu

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poeticmakaveli

Corruptedmorals wrote: »

Yes fair enough, it's faulty. But as quoted above, the shop are well within their rights to attempt a repair first. If this fails, you can then press for a replacement. You will get nowhere if you go in roaring for a refund, you are NOT entitled to one unless the other two methods are not effective in solving the problem first. How much money you spend in the shop does not matter, this is not a local cornershop with its OWN policies. Chances are, the first repair will work. You will waste an awful lot of time, effort and money if you drag a solicitor into this, the shop is operating within the confines of consumer law. It is not the same as a €5 top in Penneys and shouldn't be treated as such- how many phone shops could cope with handing out refunds to everyone? They are there to remain in business after all.

i do understand what your saying but i just know like another samsung phone i had over a year go it wwas sent 3 times to get fixed and it kept breaking! also people have complained about this exact phone with the same problem and they have fixed it and of coarse after a few weeks it was broke again!! il let u know anyway!! thanks

foggy_lad

Captain Morgan wrote: »

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But if it developed another fault it can be rejected as being not fit for purpose as it spends so much time being repaired

Mimikyu

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superfish

foggy_lad wrote: »

will flashing some dodgey firmware onto the phone not invalidate the warranty from samsung and also be classed as customer damage thus voiding any statutory rights you may have as it would not be done by an authorized repair centre??

ok darky rom 9.5 is more stable and 10 times faster than the stock 2.2 that comes with the sgs so no its not dodgy or nowhere near as dodgy as the firmware that comes as standard, you are correct in that this will void warranty for future repairs that is one of the cons, but you can always change it back before any repairs need to be carried out

poeticmakaveli wrote: »

cheers bud i appreciate it! lets hope i get a replacement at least!!! but as u well know there is a good chance im gonna get that asshole! ill post the result up in an hour or so!!! oh by the way,if they say they wanna send it off after been nice with them,should i just say not yet i want to check with my soliciter?? i dont wanna be an asshole either but i cant let them away with this!! if it was 6 or 12 months down the line then fair enough but not after 4 weeks!! 48 hours really!!!!

I would just let them fix it if it comes to that its not worth the hastle and I seriously doubt the guy working in cwh seriously give a crap if you threaten with solicitors as its no skin off his nose, they hear that stuff all the time

foggy_lad

superfish wrote: »

ok darky rom 9.5 is more stable and 10 times faster than the stock 2.2 that comes with the sgs so no its not dodgy or nowhere near as dodgy as the firmware that comes as standard, you are correct in that this will void warranty for future repairs that is one of the cons, but you can always change it back before any repairs need to be carried out


I would just let them fix it if it comes to that its not worth the hastle and I seriously doubt the guy working in cwh seriously give a crap if you threaten with solicitors as its no skin off his nose, they hear that stuff all the time

If the phone is sent back to samsung which will probably happen they will know it has been tampered with.

Also op you would surely use the small claims court for such a small amount?

superfish

Captain Morgan wrote: »

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yea its the uk one but its still the same policy as here dont get me wrong I want the lad to get a full cash refund but I just know what cocks the cpw can be anyway no point arguing over it we should all just sit tight and see what the outcome is

superfish

foggy_lad wrote: »

If the phone is sent back to samsung which will probably happen they will know it has been tampered with.

I seriously doubt that, once back on 2.2 they wont be able to tell

Mimikyu

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pokerface_me

godtabh wrote: »

A lot of rubbish posted on this thread but this is the only one with valid feedback

Such a helpful post from a mod.