Defective phone returns policy

razor425

Hi guys,

Got a smasung galaxy s2 from carphone warehouse on an 18 month contract with meteor 2 weeks ago. Wedneesday however i noticed my phone's screen was freezing. Brought it back to cp last night expecting a replacement as i am inside the 28 days for returns. They would not replace it however, as the fault could not be replicated in store. Is this legal?? From whatI know I should have been offered a replacement as I was inside the 28 day period.

Could someone please clear this up for me?

Meesared

Nope they are doing it exactly right, sorry.

When you say its freezing, what exactly do you mean?

razor425

I mean when i have the screen locked and try to unlock it the screen is frozen and no matter what buttons i press or if i touch the screen nothing happens. To get the phone going again I have to take out the battery and turn it on again.

Meesared

Did you try updating the software?

Might be all it needs

jor el

If you can't show them the problem in the shop, you are effectively showing them a functioning phone, so why would they replace it? Wait till it happens again, and bring it in without pulling the battery so that you can demonstrate the problem.

razor425

Meesared - no software needed updating, i checked that. I have done a factory reset also, in an attempt to resolve the problem.
Jor el - that was my plan but I need the phone for work, so unless it happens in the late evening i cant.

jor el

Have you an old phone you can use in the mean time? That would be the best way to do it. Other than that, you're going to have to send it for repair, and hope that they find the problem and fix it. While it's sent away, you'll be without a phone anyway.

razor425

I'm afraid not, got a few but they are all locked to vodafone or o2. While its sent for repair I will get a like for like replacement from cp but thats not really the route i want to go down as these things tend to take a long time.

Meesared

razor425 wrote: »

I'm afraid not, got a few but they are all locked to vodafone or o2. While its sent for repair I will get a like for like replacement from cp but thats not really the route i want to go down as these things tend to take a long time.

Usually back in a week

razor425

Maybe cp are different, but with vodafone and o2 through their stores its been 2-3 weeks on the 2 previous occassions i sent phones away.

Meesared

razor425 wrote: »

Maybe cp are different, but with vodafone and o2 through their stores its been 2-3 weeks on the 2 previous occassions i sent phones away.

Used to work in CPW so yeah back in around a week

razor425

Great thanks Meesared.

matchthis

Would an app or widget be causing the issue? I had accuweather widget on my galaxy s from day one and didn't think of the non responsive screen and freezing till my friend who also had one saw how bad it was. He deleted the accuweather widget as the phone would go mental if you'd swipe to the page the widget was on. Much better since

ScouseMouse

What 28 days return policy are you referring to?

Is that a carphone warehouse policy or the network you're on?

razor425

That could be the problem alright, iv just removed accuweather so will have to wait and see if there is any improvement.

razor425

28 days refers to the period of time a consumer has to return a defective product and expect to be offered a replacement free of charge or repair of product at customers request. Not sure if this applies fully accross the board but it definetly applies to electrical products.

ScouseMouse

Thats news to me. You have a full year of manufacturers warranty on electrical items but sale of goods act gives you a lot more.

I dont think that 28 days is correct.

razor425

28 days is correct for phones anyway, after that companies are not required to offer a replacement, they will only repair the problem. It may not be the case with all other goods however. Warranty is fine, but again only covers repair.

Flaccus

That 28 day rule is a store policy and has nothing to do with consumer rights. When you return something faulty (the type of good is irrelevant), you are legally entitled to seek a repair, replacement or refund. The legislation does not specify whether it is the retailer/supplier or the customer who chooses the form of redress to be offered.

Also, you don't have to return the goods within 28 days either. Usually the place you bought the goods from gives you a minimum of 1 years warranty, but under the sale of good act, these goods have to last a reasonable period of time. Of course what a reasonable period is, is not defined in the legislation, only the upper limit of being able to seek redress for up to 6 years (defined in the Irish Statute of Limitations 1957). That doesn't mean you have a 6 year guarantee though, just that you have the right to make a claim for up to 6 years after the goods were bought. In any case these things are usually hashed out in the small claims court.

http://www.consumerconnect.ie/eng/Hot_Topics/FAQs/Faulty-goods/

Incidentally the EU harmonised everything a while back and brought in a 2 year blanket cover under Directive 1999/44/EC. You often hear people claiming all electronics have a 2 year warranty under EU law. However the part of the directive which discusses time limits was never implemented in Ireland as we enjoy up to 6 years cover.

jor el

razor425 wrote: »

28 days is correct for phones anyway, after that companies are not required to offer a replacement, they will only repair the problem. It may not be the case with all other goods however. Warranty is fine, but again only covers repair.

Policy only, there is no 28 day limit in law. At any point, the consumer may request a replacement, refund or repair. The retailer doesn't have to give it though, they just have to offer one. It's up to the consumer and retailer to come to an agreement, and if they can't then it can be referred to the courts.