consumer rights vs. shop policy

JAIMO_2

my mum bought my sister an HTC phone from Phones 4 U for christmas but it stopped working last night. HTC tech support's advice didn't manage to get it working again so she took it back to the shop today but they told her that there was nothing they could do and she had to send it back to HTC direct.

she knows that faulty goods can be returned to the retailer and told them so. she even double checked with trading standards before she went back to the shop but they were adament that they weren't going to do anything and insisted that she send it back directly.

i've checked out Phones 4 U website and found this:-
(i'm not allowed to insert links yet but the following is from Phones 4 U site->support->"i've had my phone more than a month")

>>>Purchased Your Handset In Store/Online (Excluding Any HTC, iPhone purchased on Vodafone, Three, T-Mobile and Orange)

Most of our products are supported by a full 12-month manufacturer's warranty (some may vary, so please refer to your warranty card which was in the box when you received your item). If your phone develops a fault within the first 12 months, we will arrange for the return of your phone at no extra cost to you for repair at our authorised repair centre.

Please note that where possible faulty phones should be taken to your local Phones4u high street store to make arrangements for the repair of your phone. If you can’t get to a store please contact our Customer Services Team by email or you can call them on 0844 871 2269 Mon-Fri 8am-8pm, Sat 9am-6pm and Sun 10am-5:30pm (excluding Bank Holidays) calls are charged at 5p per minute from any BT landline other networks and mobile networks may vary.<<<


it seems that even though they play by the rules for the majority of their products, they have a policy that states certain items (including all HTC products) have to be dealt with dirctly with the manufacturer!!!

is this right??

fluffnutter

No, they're obliged to resolve your problem for you. Whether they choose to deal with a third party or not is up to them, but it can't be at your inconvenience, nor can they wash their hands of you if the manufacturer fails to fix the item (as is the case here).

Remind them that, regardless of what their website says, the SOGA holds the retailer ultimately responsible for a refund, repair or replacement. Go back to the shop and stand your ground. Report them to Trading Standards if they continue with this stance.

BTW, the bit you've quoted is for phones that you've had for more than a month. You say your mum bought this for your sister for Christmas. Did she buy it more than a month ago?

JAIMO_2

thanks for the info mate, i thought as much.

she bought it late october as she had to go into hospital for 2 months for cancer treatment.

also, the shop assistant was very arrogant and patronising, refused to call his manager and refused to give his name!!!!

texranger

phones4u dont believe in SoGA as they think it does not apply to them.

i have had problesm with P4U and it was not until TS got involved that they admitted thyey were at fault ad refunded. ( i purchased PAYG phone that failed and P4U sent it away for repair and it was returned with only 20% of the features that were originally oin the phone when i purchased it, so in effect no longer the phone i purchased. they tried to blame the manufacturer, but Ts told them that it was they responsibility to make sure it had the same features as it had when purchased.

timbstoke

I find that in this situation, especially at this time of year, the best option is to go to the front of the queue, hand them your phone, and tell them you'd like them to sort it and you'll need a receipt to show you've handed it over to them.

You can't authorise that? Don't worry, I'll wait while you get someone who can. No, i'm sorry, until that other person gets here, you're still serving me - those other people can wait. No, it's OK, I'll chat to them about my problem so they don't get bored. Oh, you want me on this more private area of your store? Certainly, as soon as I have my receipt. Otherwise, I'm quite happy to stay at your busy front of house and chat to these nice people about the problems I'm having dealing with you.

It's crude, but very effective.

JDC14

Phones4u are all about comission and sales, beyond that they don't care, they think their role is literally to sell you the phone then you become the networks responsibility.

I've had this very same problem with them before and we were at a desk, right at the front with the salesman who sold it to us. They refused to fix it, the manager was "unavailable" and would "only tell us what we've already been told."

My dad told him that today was about to become a nightmare, and he sat there, and started talking loudly (not raising his voice in an aggressive tone, but purposely spoke loudly so people negotiating deals in the shop could hear) "Oh, so you can't repair my faulty phone like your contract states" blah blah blah.

After a very brief discussion where the salesman very impolitely told my dad to shut up and my Dad asked if his freedom of speech was being prevented the manager was called and he took the same stance. Cue the awkward phone call to their customer service while instore, on speakerphone, who told us what Phones4U should be doing and the manager eventually obliged.

Very crude, and not an easy thing to do, but it works and is very embarrassing for the staff.

cardinalbiggles

Just for information purposes, HTC phones have 2 year manufacturers warranties with them as well, mine is almost 2 years old and was sent away and had it back within 3 days, no problem.

This should not distract from your problem with the company that sold it but worth knowing in the future.

barbiedoll

Phone shops think that they are a law unto themselves, they completely disregard consumer rights and their staff are often very poorly trained, although they are trained well enough to encourage people to part with vast sums of money for over-priced phones and unsuitable contracts.

I had a problem with an O2 shop, my one-day-old camera phone didn't work. Not only did they imply that it didn't work because I was too stupid to use it, (even after the tech guy had a go), they point-blank refused to give me a refund or even a replacement phone. They did offer to "lend" me a phone whilst mine was being repaired (for a £50 deposit) and I had to make a huge fuss, in front of a shop full of customers, before I got my refund. It's the only way they will give you what you want, it's embarassing, but I'd rather be embarassed than fobbed off! :mad:

pulliptears

Firstly, when you telephone P4U please remember that the person on the other end of the line is just that, a person. My 18 year old DS works flippin hard at P4U Call center to put himself through University and I'll tell you now in his words 'You catch more flies with honey'. If you call and are nice and polite to the person on the other end they will try their damndest to get issues resolved for you.

Phones4u are all about comission and sales, beyond that they don't care, they think their role is literally to sell you the phone then you become the networks responsibility.

Commission and sales may be done instore, but the line you call is a dedicated customer service line, staff get no commission, they don't sell, they don't want you to be the networks responsibility either because they actually have targets, how quickly they can resolve customer issues to their satisfaction. It seems to be a common and untrue tale that all CS staff don't care and have targets to sell. Its crap.

Back on topic OP, HTC are one of those great companies who actually are easier to deal with than P4U. P4U are trying to save you time and hassle. You call HTC and they will send UPS to your door to collect your phone, it will arrive back clean and fixed incredibly quickly (DS's desire HD was picked up and returned fixed in 5 days). To go through P4U would involve the handset being returned to them, then to HTC etc. They tell you to do it that way because its simpler and quicker, not to deprive you of your rights in any way, just to make life easier for you.

mo786uk

Its more of a 'head office' issue if the shop is set up a certain way - frsutrating as so many national companies work like this now.

Best bet might be to contact head office again.

If HTC are writing it off as unfixable then can they not provide a letter of soemsort that might help you get a refund.

pmduk

I managed to solve a similar problem with a 3 store by downloading and completing a county court summons form, sending a copy to the head office giving them 7 days to sort it before the I filed the forms, thereby costing them extra money. Got my replacement phone within 48 hours. The mobile phone industry consider consumer protection legislation to be an optional extra.