Carphone Warehouse

Daisy2192

I'm looking for some advice regarding my iPhone and carphone warehouse

Insurance policy!
I bought my iPhone last July(2013)my phone was stolen at 
the beginning of August.i had insurance and so my phone was covered
Under this but I had to pay €40 on my insurance claim.then in may this new phone started 
to give me trouble as the buttons stopped working.i brought it back into carphone warehouse where I was told it was still under warranty so I wouldn't need to claim under insurance so they sent it away I got back 
a new phone.3 weeks later the new phone wouldn't charge and would turn off when unplugged 
from the charger.went back into carphone explained this problem.was told warranty phones are bad phones and this was the reason for my phone not working!!i explained I was NOT going through warranty again for the same thing to
happen again.he advised me to go thru insurance but I will have to pay €40 for. I really don't think this is acceptable. Can anyone advice me as to what to do or have similar problems??

MFlack2012

Daisy2192 wrote: »

I'm looking for some advice regarding my iPhone and carphone warehouse

Insurance policy!
I bought my iPhone last July(2013)my phone was stolen at 
the beginning of August.i had insurance and so my phone was covered
Under this but I had to pay €40 on my insurance claim.then in may this new phone started 
to give me trouble as the buttons stopped working.i brought it back into carphone warehouse where I was told it was still under warranty so I wouldn't need to claim under insurance so they sent it away I got back 
a new phone.3 weeks later the new phone wouldn't charge and would turn off when unplugged 
from the charger.went back into carphone explained this problem.was told warranty phones are bad phones and this was the reason for my phone not working!!i explained I was NOT going through warranty again for the same thing to
happen again.he advised me to go thru insurance but I will have to pay €40 for. I really don't think this is acceptable. Can anyone advice me as to what to do or have similar problems??

Consumer Association of Ireland  Have a look at their website and your rights. This is adverts support so thread will probs be moved.

Steve

Hi Daisy, I've moved this to the consumer issues forum, you'll get a better response there.

boardzz

There is nothing wrong with phones you get from warranty. They are refurbished phones as good as new. Any claim you make against your insurance will incur the excess.

MFlack2012

boardzz wrote: »

There is nothing wrong with phones you get from warranty. They are refurbished phones as good as new. Any claim you make against your insurance will incur the excess.

If I purchased new phone, I would not accept a refurbished phone back. You are not getting what you paid for. Insist on your rights. Tell them you want a brand new phone or you will take it to the small claims. My cousin took them to small claims and received his money two weeks after taking the claim because they didn't show up.

boardzz

Whats the difference in a refurbished phone only the box it comes in. If they put it into a new box and sealed it you would not know the difference.

Caliden

boardzz wrote: »

Whats the difference in a refurbished phone only the box it comes in. If they put it into a new box and sealed it you would not know the difference.

The OP already paid 40 euro and got a crap phone back that broke soon after.

With regards the difference between a brand new phone and a refurb, well I think it's obvious if the phone breaks within 3 weeks what the difference is...

MFlack2012

Caliden wrote: »

The OP already paid 40 euro and got a crap phone back that broke soon after.

With regards the difference between a brand new phone and a refurb, well I think it's obvious if the phone breaks within 3 weeks what the difference is...

Exactly and that's called deceitfulness

boardzz

Caliden wrote: »

With regards the difference between a brand new phone and a refurb, well I think it's obvious if the phone breaks within 3 weeks what the difference is...

The "brand new" phone caused trouble also. Any product can be faulty regardless of what box it comes out of.

Caliden

boardzz wrote: »

The "brand new" phone caused trouble also. Any product can be faulty regardless of what box it comes out of.

Yea so why should he get a refurb if the new phone was under warranty?

Surely if it's a manufacturers fault you shouldn't be given something second hand.

boardzz

Refurbished does not mean the product is second hand. It may have been a day old and some problem with it meant it needed to be sent back to the manufacturer. The product is refurbished to a standard that meets that of a new product.

MFlack2012

boardzz wrote: »

Refurbished does not mean the product is second hand. It may have been a day old and some problem with it meant it needed to be sent back to the manufacturer. The product is refurbished to a standard that meets that of a new product.

Definitions:

New: Never used or worn before now, just come into existence.
Refurbished: To furbish again; renovate; brighten. To restore to an earlier condition, as by repairing or remodelling. To impart new vigor to; revive.

Refurbished is not a new product and not the same thing. It is something that has previously malfunctioned or an item that needed repair to return to a furbished state (not a new state). The buyer is well within his/her rights to demand a new phone (Insurance should not be and is not required for this, you have every right to demand that your insurance is not used this time around) or his/her money back. You do not have to accept a refurbished item nor a repair under these conditions. OP should you not get satisfaction go to small claims. It costs €25 and most cases are done via post/email without the need for a court case. It is very simple process and even if a court case is heard you are more than likely going to win your case (and/or be the only one to show).

Time

MFlack2012 wrote: »

If I purchased new phone, I would not accept a refurbished phone back. You are not getting what you paid for. Insist on your rights. Tell them you want a brand new phone or you will take it to the small claims. My cousin took them to small claims and received his money two weeks after taking the claim because they didn't show up.

And if they did show up the Judge would rule against you. The retailer has 3 options and replacement is one of them. Nowhere does it say that a replacement cannot be a refurbishment, in fact why would that be an issue? Its the same standard of product, if not higher given the rigorous testing involved before a refurbished phone is released back for sale

pleasant Co.

Time wrote: »

Nowhere does it say that a replacement cannot be a refurbishment

Does "it" also say that the replacement cannot be a banana? is there a list of things the replacement cannot be? or more importantly does "it" say a refurbished device is an adequate replacement?

Time

pleasant Co. wrote: »

Does "it" also say that the replacement cannot be a banana? is there a list of things the replacement cannot be? or more importantly does "it" say a refurbished device is an adequate replacement?

Firstly "it" is the Sale of Goods and Supply of Services Act, 1980. This is legislation that deals with this area. Secondly your banana analogy s just ridiculous.

The exact wording relating to replacements is Section 21.2(b) of the above legislation which states;

"the buyer, promptly upon discovering the breach, makes a request to the seller that he either remedy the breach or replace any goods which are not in conformity with the condition,"

So it makes no mention that a replacement must be brand new. The replacement given must be in "conformity with the condition" of the original i.e as good as new, then the retailer has fulfilled there obligation. Clearly a banana would not meet this criteria