Was sold phone as "waterproof"...

RoseBee_2

When I renewed my contract I asked the lady on the phone to suggest a new handset for me. It was the easiest sell in the world: she said "I've got the Samsung Galaxy Sii, it's great, would you like that one?" I said: "Sure, why not?"

But the important bit is, she said: "It's even waterproof!" I said, "Oh really? How cool! I saw someone put their phone in a glass of water at a party and ring it and I was so impressed... I mean obviously I'm not sure I dare do that... but I really wanted one like that," and we had a little laugh about it.

Five months later and I accidentally dropped my phone in the toilet. It's not waterproof: it's dead. Checked the specs online and nowhere does it say the Samsung Galaxy Sii is waterproof.

Do I have the right to return as a faulty good, considering it's not "as described" by the lady on the phone?

jb66

Did it say it was waterproof in the manual?

Hintza

To be even thinking about waterproof all the connecting points would need rubber gromits etc.

Watch the advert it clearly says it is not waterproof (stupid ad though as the visuals imply it is)

http://www.youtube.com/watch?v=KwgDN1Jss44

somethingcorporate

Get back in touch with the company, if they recorded the calls I am sure you can get a refund or replacement. If they don't then.....

neilmcl

Sounds to me you'd already agreed to take it before being told (incorrectly) that it was waterproof. Doesn't sound like waterproofness was a major deciding factor.

InsideInsurance

Have you dried it out thoroughly? I've yet to find a mobile that doesnt come back to life after being dried out in a box of dried rice in the airing cupboard for a week. Unfortunately the wife keeps her mobile in her back pocket and has a tendancy of dropping them in the toilet - so far 2 iPhones, 1 Sony, 1 HTC and 1 Samsung down, dead on taking them out but working fine after a weeks drying.

ThumbRemote

neilmcl wrote: »

Sounds to me you'd already agreed to take it before being told (incorrectly) that it was waterproof. Doesn't sound like waterproofness was a major deciding factor.

Thats irrelevant, surely. If they were told it's waterproof then they have an expectation it should be waterproof.

RoseBee_2

Thanks everyone, that's really helpful. Firstly, I will dry the phone out for a week before sending it back...

But I have spoken to Virgin and they are telling me that it doesn't matter what the salesperson told me as this would have been replaced by anything written in the documentation that I received with the handset.

But surely that's not right? Surely the salesperson is accountable for implications that they made at the point of sale? Furthermore, they have nothing in writing from me, so if my verbal agreement stands up, then so does theirs, right?

mynameistallulah

Did she say it was waterproof or splashproof? There is a big difference!

Flyboy152

RoseBee wrote: »

Thanks everyone, that's really helpful. Firstly, I will dry the phone out for a week before sending it back...

But I have spoken to Virgin and they are telling me that it doesn't matter what the salesperson told me as this would have been replaced by anything written in the documentation that I received with the handset.

But surely that's not right? Surely the salesperson is accountable for implications that they made at the point of sale? Furthermore, they have nothing in writing from me, so if my verbal agreement stands up, then so does theirs, right?

You are correct, the salesperson varied the terms of the contract by describing the handset as waterproof. Have Virgin said they will listen to the recording of the call?

Do have have household insurance?

Dexters_Indignation

Hintza wrote: »

To be even thinking about waterproof all the connecting points would need rubber gromits etc.

Watch the advert it clearly says it is not waterproof (stupid ad though as the visuals imply it is)

:rotfl::rotfl::rotfl:

What would the ASA say?
Is the fish phone proof?
Who the heck is the fish gonna call in any case?