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Phone return

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  • 10-10-2013 5:21pm
    #1
    brian ireland
    Closed Accounts Posts: 1,647 ✭✭✭


    I bought a phone from one of the operators in late April it stared to develop problems and eventually it was so bad its was not worth turning on. I brought it back to the supplier and they offered to get it repaired. The phone as €670 so I knew they would no swap it. It came back a few days ago and it has the same issue. After giving them a chance to fix it am I now entitled to a refund or a new hand set?

    Thanks.


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    #2
    godtabh
    Moderators, Science, Health & Environment Moderators Posts: 23,219 Mod ✭✭✭✭godtabh


    I think they have a few attempts to fix it


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    #3
    Esoteric_
    Closed Accounts Posts: 11,255 ✭✭✭✭Esoteric_


    godtabh wrote: »
    I think they have a few attempts to fix it

    They don't. That's a store policy which has no legal basis.

    OP, any repair must be permanent. They have a choice of offering one of the three Rs (repair, replacement, refund). Since the repair has failed, you're entitled to either a replacement or refund. However, most phone shops will insist upon 3 repair attempts. This is not legal policy, so stay polite but firm in your statement that the repair has failed. If they refuse to replace or refund, small claims court.


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    #4
    brian ireland
    Closed Accounts Posts: 1,647 ✭✭✭brian ireland


    Esoteric_ wrote: »
    They don't. That's a store policy which has no legal basis.

    OP, any repair must be permanent. They have a choice of offering one of the three Rs (repair, replacement, refund). Since the repair has failed, you're entitled to either a replacement or refund. However, most phone shops will insist upon 3 repair attempts. This is not legal policy, so stay polite but firm in your statement that the repair has failed. If they refuse to replace or refund, small claims court.

    Thanks. This company has a track record of being very unhelpful and their support is not ideal. I rang to find out what they are doing next and I got a long winded reply and a stone wall.

    I bought the phone for €630 not 670 as I thought. It was one of the first batches and it was not locked. They asked me today how much was my last top up? I explained I never used it with their network and the first sim I used was with 48. He said they don't sell unlocked phones and because I had no contract I had no claim with them.I said the €630 i paid was our contract. He said no and suggest I tried phone menders for a repair.:rolleyes::rolleyes:


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    #5
    viclemronny
    Users Awaiting Email Confirmation Posts: 252 ✭✭viclemronny


    Did you buy the phone in a bricks and mortar shop or was it online? (I'm aware this makes no difference but it makes the process easier if it's a b&m shop).

    If they shop/phone call has said no, you need a written reply that they are unwilling to help. (Consider sending a written letter by registered post. It's a big sign that you are starting a paper trail and are not going to simply go away).

    In this letter/email, outline the situation, what has happened so far and what remedy/remedies you are willing to accept. Give them a reasonable time to reply (say, 10 business days/14 calendar days). Do not include a phone number on the letter. Insist that they deal in written form; letter or email. This bit is all about proof.

    When/if they don't do anything for you, move up the line to headoffice (if it's a bricks and mortar shop you are dealing with/writing to) or the head of customer service (if you're dealing with a call centre).

    If this time it doesn't work, file with the Small Claims Court. It costs €25 and you will have to wait 4 weeks but you can go and represent yourself. They won't hire a solicitor for that and may not even turn up.

    Make it clear in each of these letters that if they do not facilitate a suitable remedy you will take a case in the Small Claims Court.

    In all dealings remember to be polite but firm. Remember, there is a fault. The phone must be of reasonable durability. It will be rather easy to argue that the phone is not reasonably durable if you get to the Small Claims Court.


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    #6
    brian ireland
    Closed Accounts Posts: 1,647 ✭✭✭brian ireland


    viclemronny wrote: »
    Did you buy the phone in a bricks and mortar shop or was it online? (I'm aware this makes no difference but it makes the process easier if it's a b&m shop).
    Bought it in a shop in the Blanchardstown centre.

    Thanks for the advise.


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


    brian ireland wrote: »
    Bought it in a shop in the Blanchardstown centre.

    Thanks for the advise.

    Of course, you may need to prove you bought it there or another branch if part of a chain, especially since they're contesting your claim that ever sold it to you.
    A receipt or bank statement, or any paperwork linking the sale to the shop will generally do. You could include and reference a copy when you're sending your letter to the shop, it might jog their memory as to what they sold.


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    #8
    Senna
    Registered Users Posts: 8,800 ✭✭✭Senna


    I bought a HTC One from O2 a couple of months back, it developed a fault last week so I sent it off to HTC repair center in the UK (free pick-up and delivery). I didn't bother to contact O2, they would have gave me the run-about for weeks.
    AFAIK most phones have a one year guarantee and most of the bigger suppliers will fix it, all you need is the phones IMEI.


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    #9
    foggy_lad
    Closed Accounts Posts: 20,373 ✭✭✭✭foggy_lad


    brian ireland wrote: »
    Thanks. This company has a track record of being very unhelpful and their support is not ideal. I rang to find out what they are doing next and I got a long winded reply and a stone wall.

    I bought the phone for €630 not 670 as I thought. It was one of the first batches and it was not locked. They asked me today how much was my last top up? I explained I never used it with their network and the first sim I used was with 48. He said they don't sell unlocked phones and because I had no contract I had no claim with them.I said the €630 i paid was our contract. He said no and suggest I tried phone menders for a repair.:rolleyes::rolleyes:
    Bullsh1t. You bought a handset from the shop and it appears they will now do and say anything to get out of replacing or refunding you!

    They repaired once and because that did not work you legally can refuse any further repair and insist on a replacement or refund.
    brian ireland wrote: »
    Bought it in a shop in the Blanchardstown centre.

    Thanks for the advise.
    As long as you have some proof of purchase that shows you bought the handset there then this shop are the only people legally obliged to deal with you. Also as they have already repaired the phone they have acknowledged that a contract exists between ye.


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    #10
    Cushie Butterfield
    Registered Users Posts: 1,861 ✭✭✭Cushie Butterfield


    It's weird that they have already accepted it for repair once but now claim they didn't sell it to you.

    Have you definitely been dealing with the store on all occasions & not the generic customer care line which would deal with online sales?


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    #11
    brian ireland
    Closed Accounts Posts: 1,647 ✭✭✭brian ireland


    Cushie Butterfield wrote: »
    Have you definitely been dealing with the store on all occasions & not the generic customer care line which would deal with online sales?
    Until today I was dealing with online sales.



    I took the phone back to the store today. The assistant told me they only cover the phone for 28 days and then its the responsibility of phone menders for the duration of the warranty.
    I told him I did not buy the phone from phone menders and he said thats the best we can do for you. First he told me they would replace it (phone menders) and then the manager said they would try flash the software again.

    Does anyone know if as the act says. The shop has the opportunity to repair it first and then its a refund or replacement. Who decides if its a refund or replacement.


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    #12
    Zhane
    Registered Users Posts: 1,156 ✭✭✭Zhane


    Brian, What phone is it?

    If its an iPhone, bypass the store and go directly to Apple.


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    #13
    brian ireland
    Closed Accounts Posts: 1,647 ✭✭✭brian ireland


    Zhane wrote: »
    Brian, What phone is it?

    If its an iPhone, bypass the store and go directly to Apple.

    Its an s4


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    #14
    3rdDegree
    Registered Users Posts: 1,261 ✭✭✭3rdDegree


    brian ireland wrote: »
    Does anyone know if as the act says. The shop has the opportunity to repair it first and then its a refund or replacement. Who decides if its a refund or replacement.

    If the repair fails, then the store decides if the next remedy will be the replacement or refund


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    #15
    Ken.
    Closed Accounts Posts: 12,898 ✭✭✭✭Ken.


    3rdDegree wrote: »
    If the repair fails, then the store decides if the next remedy will be the replacement or refund
    No. They can offer one. You have the right to reject it. For example, a phone breaks,they try repair, it breaks again and they offer to replace. In the mean time you've looked around and seen that that model/brand has a problem that is in all models/brands of that type. You can refuse the replacement and ask for refund.
    If they won't refund you off to small claims you go armed with the paperwork you need.


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    #16
    foggy_lad
    Closed Accounts Posts: 20,373 ✭✭✭✭foggy_lad


    brian ireland wrote: »
    Until today I was dealing with online sales.
    Don't deal with online sales as your contract is with the bricks and mortar shop and nobody else!
    I took the phone back to the store today. The assistant told me they only cover the phone for 28 days and then its the responsibility of phone menders for the duration of the warranty.
    Lies untruths and buIIshlt! the retailers are legally obliged to provide redress in the form of repair replacement or refund.
    I told him I did not buy the phone from phone menders and he said thats the best we can do for you. First he told me they would replace it (phone menders) and then the manager said they would try flash the software again.

    Does anyone know if as the act says. The shop has the opportunity to repair it first and then its a refund or replacement. Who decides if its a refund or replacement.
    What you need to do now is get off the telephone as it is getting you nowhere and do not visit the shop again either as the staff are ill informed and ignorant of the Sale Of Goods Act.
    • Write to the shop manager, outline the issues and explain in detail what outcome you require.
    • post the letter to the shop or deliver personally getting a staff member to sign a receipt for it.
    • Give the shop a reasonable time(7 days) to respond, During this time you should visit your local district court office and get forms for the small claims court, you can also get advice from the registrar on what you need and where to look for things like the shops official company name.
    • If shop fails to respond to your letter then send off your filled out application for the SCC(cost will be €25 in total, no solicitors needed.).
    • Wait a while as the wheels of justice can take a few weeks.


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