faulty vodafone 9 days old

daisydoodle_2

Wondered if anyone could give me any help I got a new vodafone from a shop from my husband he purchased on the 8th of jan 2011 its faulty i returned it today to the shop 9 days old and have been told that the only option i have is to have this repaired i would have been happy with a exchange or refund but the manager refused to help
i was given head offices address after asking and i spoke to vodafones helpline whilst there in the shop they agreed i was entitled to a refund or exchange but the manager said its the shop policy 7 days to refund/exchange after that its repair and he is sticking to it
anyone have a helpful number for vodafone or ideas to resolve this
many thanks

Jon_01

Go back in, tell them you're rejecting it under the sales of goods act. Go in at lunchtime and talk VERY loud and don't take no for an answer. Anything sold has to be of merchantable quality, if it's failed after 9 days, it's not.

Orrin

Like Jon 01 says, rejection under the Sale of Goods Act is what you want. It doesn't matter what the shop policy is as this cannot take away your legal rights.

daisydoodle_2

thanks for this but already done it and the manager threatened to have me my baby son and my mother removed from the shop by the police
i called consumer credit from the shop they spoke to the manager and told him my rights he still refuses to do anything other than repair it

toad2898

oh look vodafone again.

Is he not then technically breaking the law by refusing to comply with it? It's you who should be calling the police, not them.

Jon_01

Nice to see vodafone train their staff so well.

Can someone post the info for their Exec office, I can't find it.

gjchester

toad2898 wrote: »

oh look vodafone again.

Is he not then technically breaking the law by refusing to comply with it? It's you who should be calling the police, not them.

Hard to say.

Sale of goods act is not totally clear in that a fault has to be reported in a reasonable time. What is reasonable is not documented.

In the event of a fault the retailer can offer a refund, replacement or repair, and it's the retailers choice. They are offering a repair so within the law.

I'd have through 9 days was a reasonable time but if Vodafone have a 7 day in store return policy then it needs to be repaired not replaced or refunded.

Orrin

gjchester wrote: »

Hard to say.

Sale of goods act is not totally clear in that a fault has to be reported in a reasonable time. What is reasonable is not documented.

In the event of a fault the retailer can offer a refund, replacement or repair, and it's the retailers choice. They are offering a repair so within the law.

I'd have through 9 days was a reasonable time but if Vodafone have a 7 day in store return policy then it needs to be repaired not replaced or refunded.

Just to clarify, you can reject the goods within a "reasonable time" for your choice of a refund or a replacement.

After this time the retailer can offer a repair or a replacement.

Presumably Vodafone have decided that 7 days is a reasonable time and the manager is sticking to the training manual. I'd have said that 9 days was reasonable, particularly for a complex item like a mobile phone, but in the end it would be a decision for a court if it ever went that far.

Guys_Dad

gjchester wrote: »

Hard to say.

Sale of goods act is not totally clear in that a fault has to be reported in a reasonable time. What is reasonable is not documented.

In the event of a fault the retailer can offer a refund, replacement or repair, and it's the retailers choice. They are offering a repair so within the law.

I'd have through 9 days was a reasonable time but if Vodafone have a 7 day in store return policy then it needs to be repaired not replaced or refunded.

Sorry to disagree with you, but I think you are wrong.

The SOGA was changed in favour of the consumer whereby a presumption of fault lies with any goods that break within 6 months. You can usually demand a refund - see our own Martin's page http://www.moneysavingexpert.com/shopping/consumer-rights-refunds-exchange


But your best bet is to get something in writing from the Head Office and then take that to the manager. If he refuses to adhere to the company policy, then you need his name to report him to Head Office.

If you are not satisfied, the Vodafone Code of practice states
"Our complaint handling procedure
This section of our code of practice sets out how to make a complaint and your rights to refer a dispute to an independent ombudsman.

If you’re not happy with our service and would like to make a complaint, please contact us first by calling 191 from your Vodafone mobile phone, and one of our advisors will try to sort out the problem. Calls are free from a pay monthly mobile phone, or 25p a call from a pay as you go mobile phone. Or, you can call us from a landline on 08700 700 191 for pay monthly customers, 08700 776 655 for pay as you go customers – the call charge will be at the operator’s standard rate. Or you can write to us at:

Customer Relations Manager
Vodafone Ltd
The Connection
Newbury
Berkshire RG14 2FN

You can also email us from www.vodafone.co.uk/contact"



Get the CS rep or supervisor to ring the branch if they agree that you can have a refund or exchange. But the shop can ask for time to get a technical person to confirm that the fault was not caused by you.

Good luck.

daisydoodle_2

thanks for all your help
it was reported earlier than the 7 days that there was a fault as i call the helpine on the 9th and again on the 13th they told me it was definatley a fault and to return it to the shop
i have emailed customer service and will also put it in writing to head office

gjchester

Guys_Dad wrote: »

Sorry to disagree with you, but I think you are wrong.

The SOGA was changed in favour of the consumer whereby a presumption of fault lies with any goods that break within 6 months. You can usually demand a refund - see our own Martin's page http://www.moneysavingexpert.com/shopping/consumer-rights-refunds-exchange

True but that related to where the fault is deemed to have first started. If found in 0-6 months the assumption is the fault was there at time of manufacture, after 6 months the assumption is the fault developed afterwards.
As this fault happened in 9 days it would be assumed the fault was there from manufacture.

There is a fault, Vodafone are saying that, they just want to do a repair not a refund or exchange.

The issue is the "reasonable time" bit, I'd have said that 9 days easily falls in the reasonable timeframe, Vodafone are saying not. Vodafone do seem to be doing this really pig headedly though..