Problem With New Phone

Juwwi

Can anybody give an opinion here .

I bought a new phone around 3 months ago.

From the beginning there was a problem with the battery going flat quickly .

The phone shop l bought it from downloaded data from the phone and sent it to the manufacturer ,who got back to say there is a problem with the software on the phone and stuff is running in the background that's wasting the battery .

They told me the manufacturer was looking into a software upgrade and they'll be in touch.

That was over a month ago,they didn't contact me Im chasing them now and they aren't returning calls.

Im presuming Im within my rights to request a full refund at this stage ?

L1011

They've basically admitted its a manufacturing fault that they cannot fix so you can request a refund or replacement (and their decision - although the same phone again is liable to have the same fault)

Actually getting them to do this is going to be the hard part; most phone shops insist on their generally illegal repair policies to be followed unless you take them to court.

Juwwi

I'd happily take a replacement but l have a feeling it wont make a difference ,but l did look on the manufacturers site and they are still selling the same model .

Its not a well known brand and this shop is the Irish supplier .

Maybe Im better off calling out to the shop .

Thanks seems like l can request a refund .

Juwwi

Spoke with the shop again .

He wants me to email the manufacturer directly , reckons it will speed up the process .

It feels like he's trying to pass the buck a bit .

Manufacturer is in the Cezh Republic it seems.

NSAman

Juwwi wrote: »

Spoke with the shop again .

He wants me to email the manufacturer directly , reckons it will speed up the process .

It feels like he's trying to pass the buck a bit .

Manufacturer is in the Cezh Republic it seems.

Common mistake. The contract is with the retailer not the manufacturer. Retailer is liable for this under the sale of goods act.

Fobbing you off to the manufacturer is not on.

Diziet

Just go in, be polite but firm and be aware of your rights. They should sort it out.

Juwwi

An update .
I emailed the manufacturer lead l was sent .
Seems a nice guy its looking like the Bluetooth function is draining the battery even when not in use .
Must be some software fault with the phone.

I was firm from the beginning that l wanted a refund or at the very minimun a new Phone that was rid of these software faults .

Im sure they are now going to want me to send the phone to the Czech Rep for them to try and fix. (they will offer a courier l'd say )

At this stage Im not interested in that ,if he sends a replacement phone while lm waiting then maybe but thats a million to 1 chance .

splinter65

Juwwi wrote: »

An update .
I emailed the manufacturer lead l was sent .
Seems a nice guy its looking like the Bluetooth function is draining the battery even when not in use .
Must be some software fault with the phone.

I was firm from the beginning that l wanted a refund or at the very minimun a new Phone that was rid of these software faults .

Im sure they are now going to want me to send the phone to the Czech Rep for them to try and fix. (they will offer a courier l'd say )

At this stage Im not interested in that ,if he sends a replacement phone while lm waiting then maybe but thats a million to 1 chance .

You didn’t buy the phone from the manufacturer you bought it from the phone shop.
Your contract is with them.
Don’t waste any more time.
Go back in the shop and speak to the most senior person on duty( don’t come back at 3pm tomorrow to see the manager because he’ll be delayed at a meeting and you’ll be told to come back on Monday at 11)
Say that under the Sales of Goods and Services Act 1991 the phone you bought is not as described and not fit for purpose and you want either a refund or a replacement. If anyone tries to refer you to the manufacturer, politely point out that you don’t have any contract with the manufacturer and you will be taking a case to the Small Claims Court and can you please have the proper business name of the shop. Stand your ground you absolutely have the law on your side.

L1011

Sale of Goods and Supply of Services Act 1980 (as amended), there is nothing with the other title in Irish law.

Alanstrainor

splinter65 wrote: »

You didn’t buy the phone from the manufacturer you bought it from the phone shop.
Your contract is with them.
Don’t waste any more time.
Go back in the shop and speak to the most senior person on duty( don’t come back at 3pm tomorrow to see the manager because he’ll be delayed at a meeting and you’ll be told to come back on Monday at 11)
Say that under the Sales of Goods and Services Act 1991 the phone you bought is not as described and not fit for purpose and you want either a refund or a replacement. If anyone tries to refer you to the manufacturer, politely point out that you don’t have any contract with the manufacturer and you will be taking a case to the Small Claims Court and can you please have the proper business name of the shop. Stand your ground you absolutely have the law on your side.

The shop can choose to repair the item first. If the shop has failed to repair the item then yes the consumer may demand a replacement/refund. Of course you can try your luck at getting a refund/replacement but there's no legal basis there.

https://www.ccpc.ie/consumers/shopping/faulty-goods/

splinter65

Alanstrainor wrote: »

The shop can choose to repair the item first. If the shop has failed to repair the item then yes the consumer may demand a replacement/refund. Of course you can try your luck at getting a refund/replacement but there's no legal basis there.

https://www.ccpc.ie/consumers/shopping/faulty-goods/

I know this but the retailer has referred the customer to the manufacturer which is not allowed under Irish consumer law and I would interpret that as washing their hands of him. I wouldn’t waste any more time trying to negotiate with them now.