Online phone bought

ROAAAR

Hey. I bought a phone last week from the Vodafone store online but was unaware of a problem with the particular model due to its processing chip. After some Googling I see that everyone is a aware of the issue with this chip but the manufacturer isn't acknowledging the problem.
So I'm just wondering give that I've been using this phone for a week now would I be able to return is using my cooling off period.
Or given that I've used it does this rule out this option. Thanks.

theteal

Has the phone displayed any issues?

Not sure of voda's cooling off policy but I'd guess having used the phone may limit your options. If it's faulty you'll be entitled to a repair/replace/refund

delahuntv

ROAAAR wrote: »

After some Googling I see that everyone is a aware of the issue with this chip but the manufacturer isn't acknowledging the problem.

Beware of googling the answer you want.

What is "everyone" - every person who wrote that they had an issue, which was 10, 20 30 people commenting online?, or have you contacted every buyer of the phone ever?

I can google any thing whatsoever and I will find some people giving me the answer that I want, no matter what that answer is.

Google "mobile phones will fry your brain" - and lo and behold, you'll see research saying it will. - Some even saying that moderate use over a couple of years will be you incurable cancer :eek: Basically, there's always somethignn google to back up whatever argument you make.

Considering you have not had this issue and the manufacturer claims this is not an issue, that not a valid reason for returning.

slimjimmc

You can cancel the phone purchase within the 14 day cooling off period and you don't need to have any reason.
Vodafone will issue a refund back to your card (normally within a few weeks) but as you have used the phone it is now worth less and Vodafone are entitled to withhold a reasonable amount for that.

Be sure to follow the cancellation process to the letter. http://www.vodafone.ie/terms/shop/

WildCardDoW

slimjimmc wrote: »

You can cancel the phone purchase within the 14 day cooling off period and you don't need to have any reason.
Vodafone will issue a refund back to your card (normally within a few weeks) but as you have used the phone it is now worth less and Vodafone are entitled to withhold a reasonable amount for that.

Be sure to follow the cancellation process to the letter. http://www.vodafone.ie/terms/shop/

I'd imagine there's also no guarantee they'll offer you anything for the handset, it'd be entirely up to them what they choose to offer?

EDIT: And yes, I read their T & C's but there's no rules for what they'll offer so I'm just asking the question, do they have to offer anything for the diminished value?

slimjimmc

The phone isn't worthless just because you used it for a week. The reduction is really only for damage or usage beyond that necessary to test the phone.
http://www.irishstatutebook.ie/2013/en/si/0484.html

(6) A consumer who is required to return goods to a trader following the exercise of the right to cancel—

(a) shall take reasonable care of the goods prior to returning them, and

(b) is liable for any diminished value of the goods resulting from the handling of the goods beyond that necessary to establish their nature, characteristics and functioning.

Lux23

If you bought the phone online in the last 14 days, you can return it no questions asked.

Galadriel

Lux23 wrote: »

If you bought the phone online in the last 14 days, you can return it no questions asked.

He can't though as he has been using it.

desbrook

Galadriel wrote: »

He can't though as he has been using it.

But phones are so complex now that it takes a lot of use to determine it's "functionality" as the law stipulates . There's a good argument for the OP to get a 100% refund .

slimjimmc

Galadriel wrote: »

He can't though as he has been using it.

He can, it's the law and while the law provides for certain exemptions this isn't one of them.

irelandrover

slimjimmc wrote: »

He can, it's the law and while the law provides for certain exemptions this isn't one of them.

Any link for this?

http://europa.eu/youreurope/citizens/shopping/shopping-abroad/returning-unwanted-goods/index_en.htm

The above clearly states that the goods can't be used.

desbrook

irelandrover wrote: »

Any link for this?

http://europa.eu/youreurope/citizens/shopping/shopping-abroad/returning-unwanted-goods/index_en.htm

The above clearly states that the goods can't be used.

Well yes and no - the piece above is one interpretation of the law. The interpretation being that you can examine the goods as you would in a bricks and mortar shop and no more. The actual law though exempts testing the good "functionality" amongst other attributes. Again the complexity of what is essentially a mobile mini computer/entertainment system I would argue means that a few days use is perfectly feasible.

slimjimmc

irelandrover wrote: »

Any link for this?

http://europa.eu/youreurope/citizens/shopping/shopping-abroad/returning-unwanted-goods/index_en.htm

The above clearly states that the goods can't be used.

That refers to services not goods.

The relevant Irish law is SI 484/2013. Article 13.1 specifies it applies to distant contracts, Article 13.2 lists the specific exemptions. There are no difficulties with using any goods (services are a different matter) but there are 2 circumstances under which you have no right to cancel if goods were opened. i.e. goods sealed for hygiene purposes, or sealed audio/video/software. A mobile phone does not fall under either of these exemptions.

Other than the above 2 circumstances you are allowed to use the goods for as long as is necessary to check it out and the seller can't charge you for it.
If you overdo it and consequently the goods are devalued then the seller can charge you accordingly.