Help!! Faulty tablet 9 Months old

bobmalooka

Got a tablet for herself last christmas in HMV, all good she was very happy. The imput for the charger was a little 'twiddly' but didn't think much of it untill last week the part where the charger plugs in literally fell into the tablet.

Took it into them today (with receipt) and they dont want to know me, first off it was get onto the manufacturer I said no thanks my contract of sale is with you then he said he cant say its faulty as I might have damaged it and I have no proof it was fiddly. I reminded him that with all electrical items within 12 months of purchase they need to prove it is not faulty and not the other way round.....no dice tough luck heres a UK phone number call them blah blah blah.

Yer man was sound throughout but wouldn't budge from the party line, no complaints with him following orders.


Whats the next port of call?? dont fancy paying international call rates to be fobbed off further.

Procrastastudy

bobmalooka wrote: »

Got a tablet for herself last christmas in HMV, all good she was very happy. The imput for the charger was a little 'twiddly' but didn't think much of it untill last week the part where the charger plugs in literally fell into the tablet.

Took it into them today (with receipt) and they dont want to know me, first off it was get onto the manufacturer I said no thanks my contract of sale is with you then he said he cant say its faulty as I might have damaged it and I have no proof it was fiddly. I reminded him that with all electrical items within 12 months of purchase they need to prove it is not faulty and not the other way round.....no dice tough luck heres a UK phone number call them blah blah blah.

Yer man was sound throughout but wouldn't budge from the party line, no complaints with him following orders.


Whats the next port of call?? dont fancy paying international call rates to be fobbed off further.

Letter - ten days to resolve... Small Claims Court. Simples!

slimjimmc

bobmalooka wrote: »

Got a tablet for herself last christmas in HMV, all good she was very happy. The imput for the charger was a little 'twiddly' but didn't think much of it untill last week the part where the charger plugs in literally fell into the tablet.

Took it into them today (with receipt) and they dont want to know me, first off it was get onto the manufacturer I said no thanks my contract of sale is with you then he said he cant say its faulty as I might have damaged it and I have no proof it was fiddly. I reminded him that with all electrical items within 12 months of purchase they need to prove it is not faulty and not the other way round.....no dice tough luck heres a UK phone number call them blah blah blah.

Yer man was sound throughout but wouldn't budge from the party line, no complaints with him following orders.


Whats the next port of call?? dont fancy paying international call rates to be fobbed off further.

There is no such obligation in Irish law, afaik, so I wouldn't be making that part of your complaint.

MarkR

If things go wrong

If you have a problem with an item that you have bought it is always the seller who should put things right. As a general rule, the seller can either repair or replace the item. Alternatively, they can refund the costs of the item or service to the consumer.
If you are not satisfied with the quality of goods or services you can:

• Return the goods to the supplier who sold it to you (you should not return the goods to the manufacturer)
• Act as soon as you can – a delay can indicate that you have accepted faulty goods or services
• Do not attempt to repair the item yourself or give it to anyone else to repair it
• Make sure that you have a proof of purchase (a receipt, cheque stub, credit card statement or invoice)

You have no grounds for redress if

• You were told about the defect before you bought the item (for example, if the goods were marked 'shopsoiled')
• You examined the item before you bought it and should have seen the defect
• You bought the item knowing that it wasn’t fit for what you wanted it to do
• You broke or damaged the product
• You made a mistake when buying the item (for example, if you bought an item of clothing thinking it was black when it is actually navy)
• You change your mind

Retailers are not obliged to give refunds or credit notes under the above circumstances even if you show proof of purchase.
It is important to note that there are no hard and fast rules as to which remedy you should be entitled to. When seeking redress for problems with goods or services the circumstances of each individual case must be taken into account.
If you are not satisfied with the seller's response you may be able to take a claim to the Small Claims Court.
If you made your purchase using your debit or credit card you may be able to get your bank or credit card company to reverse the transaction. This is called a chargeback. You should contact your card provider as soon as possible. Give them details of the transaction you are disputing and request that they follow it up. Most card schemes offer full chargeback rights to consumers, but with some debit cards schemes you cannot use the chargeback facility if you did not receive the goods. Further information on chargeback is available on the National Consumer Agency's website.

You are entitled to either a repair, replacement, or refund. But it's not you that decides which. It has to be examined, internally in this case, to see what the fault is. If it's damaged, rather than a fault, the retailer would be out of pocket.

You'll need to have it sent for repair. You could insist the store do it for you, but it's often faster to do it yourself.

robfowler78

I wouldn't send it to someone else for repair or you'll ruin your warranty. I'd had a similar issue before with another store when I went back with a phone I'd bought that had a faulty charger the guy tried to say that it looked like a user fault not manufacturing fault. I simply asked him to show me were he was qualified to make such a claim what training he had etc. he had non and after abit of ground standing it was sent back and repaired. Try again speak to a manager if still no luck small claims is the way. Try to be polite and not aggressive but be insistant I find that helps when dealing with returns.

bobmalooka

robfowler78 wrote: »

I wouldn't send it to someone else for repair or you'll ruin your warranty. I'd had a similar issue before with another store when I went back with a phone I'd bought that had a faulty charger the guy tried to say that it looked like a user fault not manufacturing fault. I simply asked him to show me were he was qualified to make such a claim what training he had etc. he had non and after abit of ground standing it was sent back and repaired. Try again speak to a manager if still no luck small claims is the way. Try to be polite and not aggressive but be insistant I find that helps when dealing with returns.

was the manager I spoke to, we spoke for a full 30 minutes and I did bring up that he wasn't qualified to say the item wasn't faulty. he kept saying he cant take the item back because he wasnt satisfied that the item was faulty and that in his opinion it could be user damaged. we just kept going round in circles both being polite.

they dont seem to have an irish head office/ would a letter to the store do before small claims court ?

robfowler78

Looks like its small claims time. It's mad how hard it is to return faulty things these days I remember years ago hmv used to claim they didn't do returns and then after some pushing they'd get you to fill out a returns book. I know times are tough all round and you never know the full facts on here but sounds like the least they could do is get it looked at. Did you try ringing the manufacturer? I know the warranty is with the retailer but seen as you had no look there and it's under a year old maybe they will just repair or exchange it will save you the small claims hassle. As far as I know it's your choice to go with retailer or manufacturers warranty. Give them a call can't hurt.

Procrastastudy

bobmalooka wrote: »

was the manager I spoke to, we spoke for a full 30 minutes and I did bring up that he wasn't qualified to say the item wasn't faulty. he kept saying he cant take the item back because he wasnt satisfied that the item was faulty and that in his opinion it could be user damaged. we just kept going round in circles both being polite.

they dont seem to have an irish head office/ would a letter to the store do before small claims court ?

To be fair with this kind of damage the manager could be right. Thats where you need a 3rd party which would be the SmCC. That said if the manufacturer will repair it for free I'd go with that - I wouldn't normally but this isn;t as cust an dried as perhaps I let made out in my first post.

dudara

After 6 months, the retailer is entitled to have the goods inspected for damage (as opposed to a manufacturing fault). They should organise for this inspection to take place.

TBH - if the tablet was faulty at the time of purchase, it should have been returned there and then. Continuing to use the defective port only further compounded the damage.

slave1

robfowler78 wrote: »

I wouldn't send it to someone else for repair or you'll ruin your warranty.

Hmmm, not sure about that, I bought a TV from Tesco, a Philips and it was grand for around 9/10 months, then the remote went intermittent and I had no way of knowing whether it was the remote or the TV so back to Tesco I go and the manager was in no way accepting it back because they don't do repairs etc, told me I had to go to Philips etc.
Anyhow, I know my rights but I also know life is short so I told the manager I would go to Philips but reserve my statutory right up to and including a full refund if repair not satisfactory and he agreed. Next day I handed that to him in writing and off to Philips for repair. I phoned Philips and they were sound and would pick up the TV at the house, as I had kept all the packaging I said I'll have it all well packed for you, NO says your man, all we want is the TV and remote, we'll wrap it in bubblewrap. Grand says I, took some photos of the TV as it was in mint condition. TV arrives back around a week later, scratches on the bezel. Half hour later I went into Tesco (same manager), showed him photos, showed him TV, he said sorry but not his fault, showed him letter, told him the TV was damaged during repair (scratches) and I wanted either a replacement or refund, he said he could not refund and they dont have that model, I could tell this was going nowhere so asked for head office number and went over to customer service and phoned them, they spoke to manager and 5 minutes later I walked out with full refund.
You need to play the game with these guys and cover your ass in writing at all stages. Be calm but assertive.

robfowler78

slave1 wrote: »

robfowler78 wrote: »

I wouldn't send it to someone else for repair or you'll ruin your warranty.

Hmmm, not sure about that, I bought a TV from Tesco, a Philips and it was grand for around 9/10 months, then the remote went intermittent and I had no way of knowing whether it was the remote or the TV so back to Tesco I go and the manager was in no way accepting it back because they don't do repairs etc, told me I had to go to Philips etc.
Anyhow, I know my rights but I also know life is short so I told the manager I would go to Philips but reserve my statutory right up to and including a full refund if repair not satisfactory and he agreed. Next day I handed that to him in writing and off to Philips for repair. I phoned Philips and they were sound and would pick up the TV at the house, as I had kept all the packaging I said I'll have it all well packed for you, NO says your man, all we want is the TV and remote, we'll wrap it in bubblewrap. Grand says I, took some photos of the TV as it was in mint condition. TV arrives back around a week later, scratches on the bezel. Half hour later I went into Tesco (same manager), showed him photos, showed him TV, he said sorry but not his fault, showed him letter, told him the TV was damaged during repair (scratches) and I wanted either a replacement or refund, he said he could not refund and they dont have that model, I could tell this was going nowhere so asked for head office number and went over to customer service and phoned them, they spoke to manager and 5 minutes later I walked out with full refund.
You need to play the game with these guys and cover your ass in writing at all stages. Be calm but assertive.

I think the fact that it was a Philips tv and you went to philips might have help with this as you are quite in your rights to have the manufacturer look at it. I was more talking about bringing it to the local repair place or having someone not qualified fully to look at it. Every case is different some of the larger chain stores will just exchange or refund when pushed. I personally wouldnt have the unit opened or tampered with if I was serious about going to the SCC.