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Can't get a refund for phone that does not charge.

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  • 12-03-2012 5:46pm
    #1
    Nyali
    Closed Accounts Posts: 8 ✭


    Let me warn people first about these Cash Converter pawn shop places: they seem to have a no refund policy.

    Anyway, I bought a "new" phone from them and it worked fine for the first day or two, then once the battery ran out, I charged it, all was good. However, the 2nd time I tried to charge it, it wouldn't charge at all. The screen just said "Cannot charge".

    So I said F this, I'll go get a refund for this piece of crap and buy a new phone from a "real" shop. I brought my receipt and explained that it stopped charging after the first few days. He said he'd replace the battery. I explained that I wanted my money back, what if the phone itself is dodgy and the battery is fine, he said no we don't give refunds unless we have exhausted all other options. He said if there's another problem with it, he will send it off to some technicians who will try to fix it.

    Anyway, I reluctantly agreed to try the 2nd battery. So here I am again with the same problem, it charged fine the 1st time, now it won't charge at all. "Cannot charge" is flashing on the screen

    So do I have a right to demand a refund this time? What if he doesn't give me the refund and "sends it off to the technicians". I'll be without a phone for god knows how long, and I can see this going around in circles for the forseeable future. I just want my effin' money back!


Comments

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    #2
    dudara
    Registered Users Posts: 33,518 ✭✭✭✭dudara


    When a complaint presents itself, you are entitled to a refund, replacement or repair. The law doesn't dictate one option, but leaves it up to the retailer and consumer to work it out.

    In your case, Cash Converter was OK to offer the repair (battery swap option).

    However, if a fault is repaired, then the consumer is entitled to expect this repair to be permanent, i.e. last the reasonable lifetime of the product. If it fails again, then you can ignore the repair option and instead seek a refund or replacement.

    In your case, the same fault has reappeared. So you do not have to accept any further offers of repair (unless you have a lot of goodwill towards the retailer), and can now push for a refund or replacement.


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    #3
    Nyali
    Closed Accounts Posts: 8 ✭Nyali


    I would really prefer a refund but if he offers me a replacement I guess I have to take it, right?


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    #4
    slimjimmc
    Registered Users Posts: 7,786 ✭✭✭slimjimmc


    Nyali wrote: »
    I would really prefer a refund but if he offers me a replacement I guess I have to take it, right?

    No, you don't just have to accept it. You have already allowed them to make a reasonable attempt at repairing it and they failed. You have a very strong hand to reject the item and get your cash back for the full amount you paid. Repair/replace/refund is not a sequence.


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    #5
    hattoncracker
    Registered Users Posts: 1,091 ✭✭✭hattoncracker


    Nyali wrote: »
    I would really prefer a refund but if he offers me a replacement I guess I have to take it, right?


    Well if your buying from a Cash4Gold place would it not be reasonable to assume that he doesn't have another one of the same handset?

    Also, the fact that he replaced the battery does not constitute a warranty repair. Technically he really hasn't done anything, sending it off to the technicians would be the repair. You will have to do that first before you can insist on a refund.


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    #6
    dudara
    Registered Users Posts: 33,518 ✭✭✭✭dudara


    Nyali wrote: »
    I would really prefer a refund but if he offers me a replacement I guess I have to take it, right?

    Not neccesarily, might depend on what the replacement is. But given that they are not a specialist phone retailer, you could argue against the replacement.


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    #7
    slimjimmc
    Registered Users Posts: 7,786 ✭✭✭slimjimmc


    hattoncracker wrote: »
    Well if your buying from a Cash4Gold place would it not be reasonable to assume that he doesn't have another one of the same handset?

    Also, the fact that he replaced the battery does not constitute a warranty repair. Technically he really hasn't done anything, sending it off to the technicians would be the repair. You will have to do that first before you can insist on a refund.
    Consumer law looks for remedies. It doesn't matter if that involves a repair by a technician or shop staff replacing the battery, all that's important is that the remedy resolves the problem permanently. The retailer tried to remedy the problem and failed. The OP is not obliged to allow the retailer send it off to an technician.


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    #8
    lala88
    Banned (with Prison Access) Posts: 1,243 ✭✭✭lala88


    I have to say i sometimes find it funny when someone buys something cheap and it ends up not working out for them


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    #9
    Tow
    Registered Users Posts: 7,631 ✭✭✭Tow


    lala88 wrote: »
    I have to say i sometimes find it funny when someone buys something cheap and it ends up not working out for them

    Especially when getting a refund from a 'real' phone shop is also as easy as pulling hens teeth.

    Anyway where is this Cash Converters shop? The Irish shops went bust : http://www.cashconvertersireland.ie/notice.html

    When is the money (including lost growth) Michael Noonan took in the Pension Levy going to be paid back?



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    #10
    sandin
    Closed Accounts Posts: 1,594 ✭✭✭sandin


    Nyali wrote: »
    Let me warn people first about these Cash Converter pawn shop places: they seem to have a no refund policy.

    Anyway, I bought a "new" phone from them and it worked fine for the first day or two, then once the battery ran out, I charged it, all was good. However, the 2nd time I tried to charge it, it wouldn't charge at all. The screen just said "Cannot charge".

    So I said F this, I'll go get a refund for this piece of crap and buy a new phone from a "real" shop. I brought my receipt and explained that it stopped charging after the first few days. He said he'd replace the battery. I explained that I wanted my money back, what if the phone itself is dodgy and the battery is fine, he said no we don't give refunds unless we have exhausted all other options. He said if there's another problem with it, he will send it off to some technicians who will try to fix it.

    Anyway, I reluctantly agreed to try the 2nd battery. So here I am again with the same problem, it charged fine the 1st time, now it won't charge at all. "Cannot charge" is flashing on the screen

    So do I have a right to demand a refund this time? What if he doesn't give me the refund and "sends it off to the technicians". I'll be without a phone for god knows how long, and I can see this going around in circles for the forseeable future. I just want my effin' money back!

    #1 - Cash Convertor is a registered brand name and if it wasn't bought from a "Cash Convertor" store, why are you trying to damage their name?

    #2 - They can try and repair the phone again or give you a replacement.

    #3 you have no right to DEMAND a refund. You can ask and they can refuse.

    #4 - if you go in with the same language you are writing with above, the shop will tell you to eff off.


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    #11
    Cabaal
    Moderators, Technology & Internet Moderators, Regional South East Moderators Posts: 28,497 Mod ✭✭✭✭Cabaal


    sandin wrote: »
    #1 - Cash Convertor is a registered brand name and if it wasn't bought from a "Cash Convertor" store, why are you trying to damage their name?

    Don't see how you can damage the name of a company that is no longer trading,


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    #12
    dudara
    Registered Users Posts: 33,518 ✭✭✭✭dudara


    sandin wrote: »
    #1 - Cash Convertor is a registered brand name and if it wasn't bought from a "Cash Convertor" store, why are you trying to damage their name?

    To be fair, I don't think they are trying to do this. They are probably using the name in a generic sense, referring to all stores of this type. Just like the brand name Hoover became ubiquitous for vacuum cleaners.


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    #13
    sandin
    Closed Accounts Posts: 1,594 ✭✭✭sandin


    Cabaal wrote: »
    Don't see how you can damage the name of a company that is no longer trading,

    Irish franchise holder closed. Name still owned by parent company and franchise for Ireland is available.
    dudara wrote: »
    To be fair, I don't think they are trying to do this. They are probably using the name in a generic sense, referring to all stores of this type. Just like the brand name Hoover became ubiquitous for vacuum cleaners.

    Fair enough if it was a pub conversation, but this is a public forum and brand names should not be damaged just because someone doesn't knwo the actual real name of the store they purchased it from.

    Its Boards that would get the flack should the owner of a name used inproperly should wish to have the issue remedied. - To be safe, I'd never permit use of a registered name in such a way.


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    #14
    captain sidesaddle
    Closed Accounts Posts: 31 ✭captain sidesaddle


    lala88 wrote: »
    I have to say i sometimes find it funny when someone buys something cheap and it ends up not working out for them


    The price of an article is not relevant when it comes to consumer rights...I have to say i sometimes find it funny when someone makes a stupid comment!


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    #15
    dudara
    Registered Users Posts: 33,518 ✭✭✭✭dudara


    captain sidesaddle Please stay polite to other posters

    dudara


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    #16
    lala88
    Banned (with Prison Access) Posts: 1,243 ✭✭✭lala88


    captain sidesaddle wrote: »
    The price of an article is not relevant when it comes to consumer rights...I have to say i sometimes find it funny when someone makes a stupid comment!

    When peoples greed catchs them out its there own falt i think


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    #17
    RasTa
    Closed Accounts Posts: 15,116 ✭✭✭✭RasTa


    lala88 wrote: »
    When peoples greed catchs them out its there own falt i think

    What on earth are you waffling about?


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    #18
    lala88
    Banned (with Prison Access) Posts: 1,243 ✭✭✭lala88


    sandin wrote: »
    Irish franchise holder closed. Name still owned by parent company and franchise for Ireland is available.



    Fair enough if it was a pub conversation, but this is a public forum and brand names should not be damaged just because someone doesn't knwo the actual real name of the store they purchased it from.

    Its Boards that would get the flack should the owner of a name used inproperly should wish to have the issue remedied. - To be safe, I'd never permit use of a registered name in such a way.

    Ya but its alot easier just to make something up to make someone look bad and the poster look like the victim. How many often do people come on hear with an ''issue'' that thats there own falt and try to blame the company and get out of it?


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    #19
    lala88
    Banned (with Prison Access) Posts: 1,243 ✭✭✭lala88


    RasTa wrote: »
    What on earth are you waffling about?

    When someone gets something cheap and something goes wrong its there own falt and frankly its good enough for them


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    #20
    slimjimmc
    Registered Users Posts: 7,786 ✭✭✭slimjimmc


    lala88 wrote: »
    When someone gets something cheap and something goes wrong its there own falt and frankly its good enough for them
    'Cheap' does not guarantee poor quality just like 'expensive' does not guarantee high quality. The OP could have easily paid twice the price and still got a dud. Price doesn't affect your statutory rights but it can affect the level of redress you get, for example the OP can't expect to get a brand new phone out of it.


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    #21
    captain sidesaddle
    Closed Accounts Posts: 31 ✭captain sidesaddle


    lala88 wrote: »
    I have to say i sometimes find it funny when someone buys something cheap and it ends up not working out for them
    dudara wrote: »
    captain sidesaddle Please stay polite to other posters

    dudara

    I responded to a post which wasn't a nice or comment to make


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    #22
    dudara
    Registered Users Posts: 33,518 ✭✭✭✭dudara


    The glory of being an adult is that you can refrain from responding to posts that you don't like. Escalating the matter by responding just incites the matter. Instead please use the Report Post functionality, so that a moderator is alerted and can investigate.

    dudara


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    #23
    wmpdd3
    Registered Users Posts: 9,624 ✭✭✭wmpdd3


    Are items in these shops not 2nd hand?


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