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Obligation of mobile phone store to send phone back for repair

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  • 28-07-2012 10:34am
    #1
    take everything
    Registered Users Posts: 9,806 ✭✭✭


    Hi
    I recently purchased a phone (from emobile via their sales over the phone) and was told by them to bring it into my nearest emobile store to get it fixed.
    The emobile store refused to send it away saying i had to talk to customer care.

    Who exactly is the reseller here and who exactly do i have a contract with for the purpose of sending a phone back for repair.
    Emobile Customer Care (i bought it over the phone) or the emobile store.


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    #2
    Procrastastudy
    Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    It would depend on whether they are the same company. Sometimes they are not in the mobile phone industry.

    Why not just send it away yourself - they're liable for the postage if its faulty.

    Just make sure its in the original packaging.


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    #3
    take everything
    Registered Users Posts: 9,806 ✭✭✭take everything


    Why wouldn't emobile stores be part of the emobile company.
    When you say it depends what do you mean; Do you mean if they are part of the same company then they are obliged to send it back.
    I have been informed repeatedly by the company that the stores have to send it back for me.
    Yet the store won't help me.

    I don't see why i should have to send it away myself directly. AFAIK i have a contract with the company that sold me the phone. That should be sufficient for them to help me. By sending it back myself, i'm incurring extra risk of the phone getting lost etc (given that registered post wouldn't adequately cover a lost/damaged in transit phone and all the hassle of a such an event would entail). Sending it back myself also risks obviating the diagnostic process which outrules accidental damage; having an intermediary to send it on ensures this process is followed correctly. And sending it on myself may well incur an upfront cost of repair to be later recouped. None of these should be my problem.


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    #4
    Procrastastudy
    Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    Some mobile phone operators have a different company operating their retail outlets to the one you deal with if you by over the web, sometimes directly, sometimes not. You'll need to check it out or wait for someone that knows in relation to that specific company.


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    #5
    finnegan101
    Registered Users Posts: 197 ✭✭finnegan101


    take everything wrote: »
    Why wouldn't emobile stores be part of the emobile company.
    When you say it depends what do you mean; Do you mean if they are part of the same company then they are obliged to send it back.
    I have been informed repeatedly by the company that the stores have to send it back for me.
    Yet the store won't help me.

    I don't see why i should have to send it away myself directly. AFAIK i have a contract with the company that sold me the phone. That should be sufficient for them to help me. By sending it back myself, i'm incurring extra risk of the phone getting lost etc (given that registered post wouldn't adequately cover a lost/damaged in transit phone and all the hassle of a such an event would entail). Sending it back myself also risks obviating the diagnostic process which outrules accidental damage; having an intermediary to send it on ensures this process is followed correctly. And sending it on myself may well incur an upfront cost of repair to be later recouped. None of these should be my problem.


    Emobile will send you out jeffy bags to send phone back in......... oh wait... sorry no they wont....... it appears that many customers as yourself have been informed that they dont have jeffy bags for sending the phone back..... but.... go throuh enough managers and they tell you they do !!! dont figure..... still awaitin myself for them to confirm when they sent the jeffy bag to me.... since march mind..... but hey.... whoses in a hurry to have a phone working!!!


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    #6
    Procrastastudy
    Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    Jesus you're patient - I'd the small claims court summons out to them by now! :D With a covering letter saying - look I found an envelope.


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    #7
    finnegan101
    Registered Users Posts: 197 ✭✭finnegan101


    patients seems to just build my case more and more... every week they seem to dig further and further... followed by new breaches of data protection legislation!!
    but yes... surprising myself i have been so patient!! the only problem to date is keeping the claim under the 2000 mark for small claims court ;-)


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    #8
    foggy_lad
    Closed Accounts Posts: 20,373 ✭✭✭✭foggy_lad


    finnegan101 wrote: »
    patients seems to just build my case more and more... every week they seem to dig further and further... followed by new breaches of data protection legislation!!
    but yes... surprising myself i have been so patient!! the only problem to date is keeping the claim under the 2000 mark for small claims court ;-)
    You can only claim for the cost of the phone in the small claims court, you will not be reimbursed for other costs or stress or pain and suffering from being without a phone! You will not be paid damages for any breach of Data protection or other issues.



    OP you should write a letter to Emobile or send them an email and use the heading "Formal Complaint" In the letter you should outline what has happened to your phone(that it does not work) and what steps you have taken to return the handset to them all of which have been thwarted by emobiles terrible customer care.

    Then you need to tell them exactly what you want them to do! (collect your phone and either repair replace or refund the cost of it). Tell them they have ten working days to fully resolve this by returning a new or fully working phone to you or you will be starting proceedings against them in the small claims court.

    Remember that if they refund the cost of the handset they must also release you from any contract as otherwise you are paying part of the phone cost in the monthly committment!


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    #9
    whiteonblu
    Registered Users Posts: 147 ✭✭whiteonblu


    take everything wrote: »
    Hi
    I recently purchased a phone (from emobile via their sales over the phone) and was told by them to bring it into my nearest emobile store to get it fixed.
    The emobile store refused to send it away saying i had to talk to customer care.

    Who exactly is the reseller here and who exactly do i have a contract with for the purpose of sending a phone back for repair.
    Emobile Customer Care (i bought it over the phone) or the emobile store.
    look up the sale of goods and supply of services act 1980


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    #10
    padocon
    Registered Users Posts: 2,218 ✭✭✭padocon


    foggy_lad wrote: »
    You can only claim for the cost of the phone in the small claims court, you will not be reimbursed for other costs or stress or pain and suffering from being without a phone! You will not be paid damages for any breach of Data protection or other issues.

    Actually as far as I know you can now sue for damages in the SCC. It's covered in the amendments made to the act. I'm not sure of the specifics but worth looking into OP.


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    #11
    finnegan101
    Registered Users Posts: 197 ✭✭finnegan101


    thanks for the info...
    kind of have it in hand now, and as they have had serious breaches of their duty of care wth regards the collection and usage of personal information, their failure of Duty of care owed by not compling with the data protection act obligations and dutes, renders them open for a day out in court... albeit prob ony get awarded nominal award!! but hey, maybe they will be more careful before getting information on false pretences, and stop giving the information to third parties... who knows....
    sure their repeated and documented acts of gross misconduct may well continue...

    ps has anyone else here been given vodafone terms and conditions for a emobile contract ??? combined with a contract for meteor??


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    #12
    Procrastastudy
    Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    Duty of care is negligence not contract.


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    #13
    foggy_lad
    Closed Accounts Posts: 20,373 ✭✭✭✭foggy_lad


    padocon wrote: »
    Actually as far as I know you can now sue for damages in the SCC. It's covered in the amendments made to the act. I'm not sure of the specifics but worth looking into OP.

    http://www.citizensinformation.ie/en/justice/courts_system/small_claims_court.html
    It is important to include the amount for which you are claiming. If the claim is not disputed, you may get judgement without having to go to court. Bear in mind that you can normally only claim the amount for which you are directly out of pocket, in other words, the amount you paid for the faulty goods and/or any cost involved in having them repaired. It is therefore a good idea to keep all receipts and documentation to show what these amounts are.

    Sometimes the Small Claims Court may allow you to claim some general damage where there was distress caused to you by a faulty product or service. A good example of this is where a holiday goes disastrously wrong.
    Not sending a phone for repair is a very different thing to having a holiday ruined.


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    #14
    MajorMax
    Registered Users Posts: 865 ✭✭✭MajorMax


    finnegan101 wrote: »
    patients seems to just build my case more and more... every week they seem to dig further and further... followed by new breaches of data protection legislation!!
    but yes... surprising myself i have been so patient!! the only problem to date is keeping the claim under the 2000 mark for small claims court ;-)

    You haven't explained what you mean by breaches of the Data protection act. Which part of the act have they breached?


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    #15
    finnegan101
    Registered Users Posts: 197 ✭✭finnegan101


    MajorMax wrote: »
    You haven't explained what you mean by breaches of the Data protection act. Which part of the act have they breached?

    several components, in short, and all confirmed....

    despite written and verbal instruction not to, they still released my personal information to third party companies, they they denied doing so, even after receiving a written apology from the managing director of the third party company!

    they have failed to complete subject access requests on a number of occasions,

    their refusal to correct incorrect information held on file,

    and further they have also being using lies and false reasoning to obtain further personal information from customers to build data banks of customers, and in no way using this information for the purposes to which it was requested/demanded!!!! of which was confirmed by management at emobile.

    I didnt see the point in going into each detail in full in the previous post, but can elaborate in full should you require...


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    #16
    drunkmonkey
    Registered Users Posts: 28,224 ✭✭✭✭drunkmonkey


    Let me get this straight, you bought a phone online and now you want a retail store which you snubbed in the buying process to support you throughout the warranty period of 2 years.
    Put yourself in the retailers position, you'd tell yourself go feck off back to the internet where you bought it, wouldn't you?

    Your contract is with where you bought it, you bought it off the internet so that's where you go if you have a problem.
    If you want support in a shop, buy in the shop. The store is under no obligation to do what some gob****e of a telesales/customer care rep states they should.


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    #17
    foggy_lad
    Closed Accounts Posts: 20,373 ✭✭✭✭foggy_lad


    Procrastastudy wrote: »
    It would depend on whether they are the same company. Sometimes they are not in the mobile phone industry.

    Why not just send it away yourself - they're liable for the postage if its faulty.

    Just make sure its in the original packaging.
    Op is also liable if it gets lost in the post or if emobile claim it has bot been received.

    Sounds like it should be returned to the online store, customer care should send you a Freepost paddled envelope to return it.

    It is up to the retailer to organise a repair and the op doing so could invalidate the warranty.


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    #18
    Procrastastudy
    Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    foggy_lad wrote: »
    Op is also liable if it gets lost in the post or if emobile claim it has bot been received.

    Sounds like it should be returned to the online store, customer care should send you a Freepost paddled envelope to return it.

    It is up to the retailer to organise a repair and the op doing so could invalidate the warranty.

    I'm sure all of this would have been useful in July :P


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