Repair again??

Penny Tration

Wondering what the legal standpoint is on this.

Bought a phone. It developed a fault (wouldn't read the sim), so dropped it back to the shop.

It was sent for repair. They couldn't repair it, so replaced it.

From the day I got the replacement, same problem. It's currently not reading my sim and I'm using wifi instead of data.

Surely repairs should be permanent? Also, a replacement hasn't worked. Am I entitled to a replacement with a different model, or a refund?

It's so bloody unreliable that I've gone and bought a second phone, because i need my phone on for work.

I did ask about this in-store and with the rep on boards and was told it has to be sent away 3 times before they'll refund. I mentioned that the sale of goods + supply of services act indicates that the repair should be permanent, but the rep said that sending it for repair three times fully meets that law!?

slimjimmc

That "3-times" thing is merely shop policy and cannot overrule your statutory rights, but if you wish to accept 3 returns then legally that's fine too.

In my view you've given the retailer ample opportunity to permanently resolve the issue. Since the problem is still remaining despite multiple attempts you would have strong grounds for another replacement or even a refund if that's what you want. Bear in mind though that a replacement/refund may be of lesser value if you've had significant use before the fault developed or redeveloped.

(Presumably you've verified the SIM card itself is not at fault).

Penny Tration

slimjimmc wrote: »

That "3-times" thing is merely shop policy and cannot overrule your statutory rights, but if you wish to accept 3 returns then legally that's fine too.

In my view you've given the retailer ample opportunity to permanently resolve the issue. Since the problem is still remaining despite multiple attempts you would have strong grounds for another replacement or even a refund if that's what you want. Bear in mind though that a replacement/refund may be of lesser value if you've had significant use before the fault developed or redeveloped.

(Presumably you've verified the SIM card itself is not at fault).

Thank you.

The sim isn't at fault. It works perfectly in other phones, thankfully.

I don't mind a depreciation in a refund or replacment. The phone has a two year warranty. It's not even one year since it was bought, and it's 2 weeks since the replacement.

The store refuses to do anything bar send it away again, which I'm absolutely not happy about.

Should I contact the head office or something now that the staff in-store and boards reps aren't helping?

slimjimmc

Send a registered letter to the seller. Describe the problem, state how their repair failed and that the replacement has also failed. Tell them you do not consider the phone to be of merchantable quality or reasonably durable. Advise them that you have given them ample opportunity to resolve the problem, that you are being significantly inconvenienced by the situation and that another repair is unacceptable .

Request a replacement/refund (you decide what you want) within a fair amount of time (say 10 days) or else you will register a claim with the Small Claims Court. Follow through with this if you cannot come to a satisfactory settlement, it only costs €25 to lodge and you can do it online.

keithclancy

Jingle_Balls wrote: »

Thank you.

The sim isn't at fault. It works perfectly in other phones, thankfully.

I don't mind a depreciation in a refund or replacment. The phone has a two year warranty. It's not even one year since it was bought, and it's 2 weeks since the replacement.

The store refuses to do anything bar send it away again, which I'm absolutely not happy about.

Should I contact the head office or something now that the staff in-store and boards reps aren't helping?

Is it a cut sim card ?

Depending on the type of SIM holder in the phone it might work in some phones but not in others

Penny Tration

keithclancy wrote: »

Is it a cut sim card ?

Depending on the type of SIM holder in the phone it might work in some phones but not in others

No, it's a standard micro sim, didn't need cutting because I switched networks when I got the phone originally.