Faulty Phone, whats the law?

moneysaver

Hi,
My daughter bought a pay as you go Motorola V220 from Carphone Warehouse less than 2 months ago. It has developed a fault, when switching on it sometimes does then sometimes it does'nt. So she took it back & they said they will try & repair it, but it will take a couple of weeks. If they can't repair they will have to send it back to Motorola. What is the law in this case? Can she demand a new phone or her money back? Seeing as she only bought it less than 2 months ago.


Thanks
Moneysaver.

deutzkiwi

I'm not sure of the exact wording, but basically a if someone sells something that goes faulty, they have to attempt to repair it, and if they cant, replace it with same or like for like.

CPW's policy is if its faulty in the first 28 days and can see the fault in store, they will just switch if for you. If outside that, and no insurence was taken, then you're covered by Motorola's warantee, which is why cpw will fix it. They also have express repair centres which will do the same thing, but because they're in store, you can be without your phone for much less time, within a couple of hours depending on how busy they are. Go here http://www.carphonewarehouse.com/commerce/servlet/gben-server-PageServer?ARTICLE=MAIN.UK.INTERNET.STATIC.REPAIRS.EXPRESSREPS.DEFAULT to find if there is one near you.

matrix999

The law says that goods must be:

* Of satisfactory quality - goods must meet the standard that a reasonable person would regard as satisfactory, taking account of any description of the goods, the price and all other relevant circumstances. The quality of goods includes their appearance and finish, their safety and their durability. Goods must be free from defects, even minor ones, except where these defects have been brought to your attention by the seller (perhaps the goods are being sold as 'shop-soiled').

* Fit for their purposes, including any particular purpose mentioned by you to the seller - for example, if you are buying a computer game and you explain you want one that can be played on a particular machine, the seller must not give you a game that cannot be played on that machine.

* As described - on the package or a display sign, or by the seller. For example, if you are told that a shirt is 100% cotton, then it should not turn out to be cotton and polyester.

You are entitled to your money back if there is a fault with the goods, or they are any of the following:

* Unsatisfactory quality
* Not fit for their purpose
* Misdescribed (not what they are supposed to be)

Bossyboots

It might be worth also pointing out that a shop's own policy does not and cannot override the customer's statutory rights as set out above.

thor

I don't want to worry moneysaver but i have had a bad experience with motorola and the v220 phone. It developed a similar fault when being switched on only a month after purchase. I eventually ended up sending it to Motorola for repair but it was sent back unfixed with an excuse that the phone had been damaged by a liquid(sure enough a picture was sent with it showing the damaged phone pcb in all it's glory). Now I have never exposed my phone to any liquid in the short period I had used it so this left me very unimpressed but because motorola were implying that the fault was mine I was not entitled to a free repair of a refund. In the end I ditched it as I no longer trust them to fix it properly without it failing a few weeks down the line. I would guess in the op's case the phone will be returned with motorola conveniently diagnosing it failing due to liquid contamination and thereby letting themselves off the hook as they would no longer be liable for any repairs/refund.
The moral would appear to be - NEVER BUY MOTOROLA!!!!

samuela66

moneysaver wrote:

Hi,
My daughter bought a pay as you go Motorola V220 from Carphone Warehouse less than 2 months ago. It has developed a fault, when switching on it sometimes does then sometimes it does'nt. So she took it back & they said they will try & repair it, but it will take a couple of weeks. If they can't repair they will have to send it back to Motorola. What is the law in this case? Can she demand a new phone or her money back? Seeing as she only bought it less than 2 months ago.


Thanks
Moneysaver.

Hi Moneysaver,

Well I have just had this problem with Vodafone, I called them as my phone was not sending picture msges, it was charging me but they where not being received, also every time I was sent a pic msge my phone would turn off by itself. I called vodafone, who told me they would send out a refurbished Samsung d500, then they emailed and said they had none and I would have to take the phone to a store to be repaired, I then received an email off vodafone stating after 2 weeks if a phone goes faulty the only thing they have to do is repair it. I dont think 2 weeks is a good time for a phone to break down but that is there policy.
S

before_hollywood

samuela66 wrote:

Hi Moneysaver,

Well I have just had this problem with Vodafone, I called them as my phone was not sending picture msges, it was charging me but they where not being received, also every time I was sent a pic msge my phone would turn off by itself. I called vodafone, who told me they would send out a refurbished Samsung d500, then they emailed and said they had none and I would have to take the phone to a store to be repaired, I then received an email off vodafone stating after 2 weeks if a phone goes faulty the only thing they have to do is repair it. I dont think 2 weeks is a good time for a phone to break down but that is there policy.
S

I have had nothing but problems with voda :mad:
my 4th nokia 6230 in the 16 months of my contract broke last night in spectacular fashion (went haywire and some keys didn't work, while others worked by themselves ), phoned them up and requested a different model
yeah right :rolleyes:
in the end i complained and complained, got 2 months free line rental :j and my 5th 6230 in 16 months is due to arrive tomorrow.
to be honest i don't want it, so have sold it in advance to a family member for £40 and am going onto virgin payg as soon as i find a phone i like

Bossyboots

samuela66 wrote:

I then received an email off vodafone stating after 2 weeks if a phone goes faulty the only thing they have to do is repair it. I dont think 2 weeks is a good time for a phone to break down but that is there policy.
S

As I have pointed out, the law takes precedence over their policies.

MissG_2

In short retailers and networks are only responsible for faults within the first 14-28 days (dependant on who you connect with/from).

After this period has elapsed the warranty is maintained by the manfacturer or an authorised repair agent.

Word of advice, if your handset is returned and they say it is beyond economical repair (BER) due to liquid damage/comtamination take it to another acredited repair agent and ask for their opinion.

If the second opinion is it's a manfacturers fault then you contact them and ask them to relook at the repair or take it further. If you dont get any satisfaction then contact trading standards and all the time you are without your phone after the initial repair request could be deemed liable by the manufacturer!!!

I have heard of this happeing in the past, in that case the acredited repair agent was forced to exchange the handset and refund the line rental whilst this was being disputed.

Good luck

smcaul

MissG wrote:

In short retailers and networks are only responsible for faults within the first 14-28 days (dependant on who you connect with/from).

After this period has elapsed the warranty is maintained by the manfacturer or an authorised repair agent.

I would take issue with the above comment, the retailer is responsible if the goods are not fit for purpose, Regardless of time frame - your 14/28 days may be their terms and conditions but do not overide english law. By the sound of it you either do or have worked in retail at one of these stores and have been fed their pack of lies.

moneysaver

I tend to think the law is on my side with this one. I will tell my daughter to try & get another phone or her money back & see what the Carphone warehouse comes out with.


Thanks
Moneysaver