Was sold phone as "waterproof"...

Nomad2075

The sales person may have said it was waterproof, but really you must have realised that a smartphone like that would most likely not be waterproof. Also if it didn't clearly say it anywhere on the product manual box etc, then I don't think you have a case. Unless you have some way of proving exactly the conversation that you had with the sales person.

neilmcl

ThumbRemote wrote: »

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

Only if that info formed part of of the contract. It seems to me the OP had accepted the phone as it was, then was told something as more of a passing comment later.

verityboo

OP needs one of these

unholyangel

Technically what the salesperson said does form part of the contract but a) proving she said it may be difficult and b) if in the documentation that came with the phone it says to keep it away from water or something to that effect.......it could be deemed that the OP has accepted the goods as are.

No home insurance or any cover like that? Check with your bank, some banks give it free to certain types of customer.

OlliesDad

neilmcl wrote: »

Only if that info formed part of of the contract. It seems to me the OP had accepted the phone as it was, then was told something as more of a passing comment later.

Yes, but this may affect the usage of the item (or how careful the OP is around water).

An analogy would be if a customer bought a pair of shoes for every day use but the advert says "they are great for going hiking in". 2 months down the line the customer deicdes to go for a hike, and knowing his shoes are great for this he wears them. If they break and it turns out they were never going to be any good for hiking would they have voided any claim because his original intention was not hiking in them?

RoseBee_2

Well the point is that I made clear what my expectations were. There are smartphones available which are completely waterproof, I had just witnessed one and me and the sales lady had a conversation about it where we agreed how cool it was, and we were both excited that we both had one. To be honest I believe that she was genuinely mistaken.

There's no way of proving whether it was a crucial part of the sale, but my general expectation was that it would be fine immersed in water, just like the one I had seen, so I was less careful with it. I even said to the sales lady that I was tempted to try it out, and she didn't advise me against it.

Within 6 months, is it not the responsibility of the supplier to prove that the goods weren't "faulty or not as described"?

I don't have home insurance, no

mynameistallulah

RoseBee wrote: »

There are smartphones available which are completely waterproof, I had just witnessed one and me and the sales lady had a conversation about it where we agreed how cool it was, and we were both excited that we both had one. To be honest I believe that she was genuinely mistaken.

I cannot think of any smartphone that is waterproof. Some are splash proof, water resistant, but not actually waterproof. Also there are some waterproof cases available, which I imagine is what you saw?

RoseBee_2

Ha! Just spoke to the Manager. They're going to track down the recording and if they find that I was told it was waterproof then they're going to replace the phone...

...Apparentally! It all depends on whether I can hold them to that conversation too!

RoseBee_2

mynameistallulah wrote: »

I cannot think of any smartphone that is waterproof. Some are splash proof, water resistant, but not actually waterproof. Also there are some waterproof cases available, which I imagine is what you saw?

Hey - I may be an idiot, but I wouldn't be the only idiot consumer, and the law protects us idiots alongside those smart folk too.

mynameistallulah

RoseBee wrote: »

Hey - I may be an idiot, but I wouldn't be the only idiot consumer, and the law protects us idiots alongside those smart folk too.

Did I say you were an idiot? Calm down!