Clarification on SoG Rights

mcgarnicle

So about a week ago I bought a very expensive phone direct from a network's store. On taking the phone home I noticed that one of the buttons wasn't working. I contacted the shop immediately and they agreed to replace the phone. I went into the shop the next day and the phone was replaced without any hassle.

Here's where things get messy... When I got home with the replacement phone I opened it to notice that this phone too was faulty. This time the screen was not attached to the phone properly, coming loose under the touch and making fairly noticeable clicking noises when pressed. The fault is in the same area as the faulty button on the original phone so, while it might not be precisely the same issue, it does seem to be in the same area as the first.

The next day I contacted the store again and was told that they would send it for repair. I was not happy with this and have spent the past few days back and forth with the shop who have gone from insisting I contact the manufacturer to simply promising to have a manager call me only for none to do so. I have gone back into the shop to speak to someone, again only to be promised a manager would call but for no call to materialise.

Now, I understand that the Sale of Goods Act stipulates Repair, Replacement or Refund but I find repair to be an unjust rememdy for such an expensive item that was literally broken out of the box.

I have contacted consumer affairs who advise that, since I have already had a replacement, that I should be entitled to a refund.

I have also contacted the manufacturer who have said that as the phone was bought less than 15 days ago I am entitled to a replacement or refund by the store. The store claim that as I already received one replacement this is not the case.

Would really appreciate a bit of advice on this as it's quite confusing. Also, if someone could give me an idea of what constitutes a "major" fault versus a minor fault that would be very helpfull too.

Thanks

Davy

When a phone is faulty inside 30 days it usually gets a straight swap. Just because it was the second one, I dont see why the 30 days doesn't apply.

foggy_lad

Davy wrote: »

When a phone is faulty inside 30 days it usually gets a straight swap. Just because it was the second one, I dont see why the 30 days doesn't apply.

Because the phone was replaced already you are now entitled to another replacement or a refund. It's not your fault the shop decided to skip the repair step and frankly I would never accept a repair of a phone less than a month old even if it was the 2nd or 22nd replacement.

Davy

foggy_lad wrote: »

Because the phone was replaced already you are now entitled to another replacement or a refund. It's not your fault the shop decided to skip the repair step and frankly I would never accept a repair of a phone less than a month old even if it was the 2nd or 22nd replacement.

I'm not talking about rights but the network policy of 30 days

mcgarnicle

Hi Davy and foggy_lad,

Thanks for your responses.

Davy, do you know which networks have those 30 day policies? I should have said originally, but the network in question here are Three.

Foggy_lad, yep the impression I get is that they shouldn't really be insisting on a repair having already given a replacement.

It all just baffles me frankly, I'm sure Three are able to take my faulty phone and get a refund themselves from the manufacturer. I don't understand the lengths they are going to to frustrate a consumer when they likely won't actually suffer any loss even if they do offer me a replacement or refund.

Kristopherus

mcgarnicle wrote: »

Hi Davy and foggy_lad,

Thanks for your responses.

Davy, do you know which networks have those 30 day policies? I should have said originally, but the network in question here are Three.

Foggy_lad, yep the impression I get is that they shouldn't really be insisting on a repair having already given a replacement.

It all just baffles me frankly, I'm sure Three are able to take my faulty phone and get a refund themselves from the manufacturer. I don't understand the lengths they are going to to frustrate a consumer when they likely won't actually suffer any loss even if they do offer me a replacement or refund.

You could ask in the Talk to..........Three forum. Only thing is they won't be here till Tuesday.



EDIT: I see you already have done so:o

mcgarnicle

Hi Kristopherus,

Yes have posted this up in the Talk to Three forum.

Still very interested in hearing people's opinions here though.

theteal

afaik all the networks have a 28 day swap policy for faulty units, they go for repair after this. Apple phones fall outside of this though, they always go for repair, even if it's faulty out of the box

wmpdd3

Repairs.
Related support.
How can I get my device repaired?
If your device becomes faulty* within 28 days of purchase, give us a call on 1913 & we’ll replace it for you. If your device becomes faulty* after 28 days of purchase, but still within the warranty period, we’ll repair it for free.

http://ask3.three.ie/SRVS/CGI-BIN/WEBISAPI.DLL?St=152,E=0000000000021086854,K=974,Sxi=17,T=CaseDoc,varset_Catid=2372,Case=obj(2383)