Siemens CL75 broken twice shop wont replace

bargainaddict

My daughter bought this phone on Dec 28th for £99 on o2. It keeps freezing up on her and various other problems. We took it back to phones4u and they repaired it. We got it back last week and the same problems are happening.

We took it to the shop today, hoping they would exchange it for a different phone but their policy is that the phone has to be repaired THREE times before they will consider a refund or exchange. they were really apologetic but said it was policy and the tills would not let them overide it.

They suggested I took a contract out in my name for her as she is ony 17 and they would do a deal. I don't think so!

We were very calm and polite. This seems so unfair. Anywhere else if you spent £100 and 3 months later the product broke you would be able to get a refund or new product. She only earns £50 week and this is a lot of money to her. She will now be without her phone for another fortnight. They lent her a nokia 3410. As you can imagine she is very proud of the big blue brick in her bag!

Is this the normal policy for these shops? Is there anything else we could try? Sorry this is long, rant over.

deutzkiwi

Unfortunatly, this is normal policy. Its whats done in Carphone Warehouse as well (though I doubt I'd try and sell you a contract when you were already unhappy with what was happening! Cheeky mare)

bargainaddict

deutzkiwi wrote:

Unfortunatly, this is normal policy. Its whats done in Carphone Warehouse as well (though I doubt I'd try and sell you a contract when you were already unhappy with what was happening! Cheeky mare)

Thanks, my thoughts exactly. I just can't believe this is standard policy on mobile phones. There must be some better protection out there. All this shop has to do is sell us a phone and if it breaks fix it 3 times, then they will consider giving us a new one. Meantime my daughter is left without her money and without her phone. (the look on her face when we showed her the old nokia was priceless!) We only got that because it was the managers very old phone. Phones4u don't do courtesy phones.

derrick

From HERE,
If a consumer chooses to request a repair or replacement, then for the first six months after purchase it will be for the retailer to prove the goods did conform to contract (e.g. were not inherently faulty)

The shops T&Cs do not overule the law, you said it cost £100, did you pay by credit card or debit Visa card, (SEE HERE) if so get them involved, the product it "not fit for purpose" under the SoGA.

deutzkiwi

bargainaddict wrote:

Thanks, my thoughts exactly. I just can't believe this is standard policy on mobile phones. There must be some better protection out there. All this shop has to do is sell us a phone and if it breaks fix it 3 times, then they will consider giving us a new one. Meantime my daughter is left without her money and without her phone. (the look on her face when we showed her the old nokia was priceless!) We only got that because it was the managers very old phone. Phones4u don't do courtesy phones.

I dont understand why it has to be three times either, unfortunatly its my job to do it that way, its very rare for it to be done earlier I've found. In our case the only time it would be replaced is if a customer had our insurance (£24 for the year in your case, meaning replacements for warrentee faultys, water damage, accidental damage - oh, and loan phones when a repair is needed).

I know I'm being very naive when I say this, but surely if large companies have had these kind of policies for so long, if they really do go against the law, surely they would have been changed by now?

bargainaddict

thanks derrick, unfortunately she paid cash, it was her wages and some christmas money. Thanks for the link, we have printed some details off and hopefully it might help.

by contrast, our sons contract phone broke last month and we sent it off. He received a new phone yesterday which was faulty. Hubby just been to shop and they have e-mailed sony erricson and they will be send a brand new phone to the shop by wednesday next week. Obviously different treatment for PAYG and contract phones.