Sold a 2nd hand (or ex-demo) phone in Tesco

timmbleaddams

Hi,
New here so thanks for any advice.
I bought my son a Motorola Razr on a 2 year contract today from Tesco. When I got home I noticed the box had previously been opened. In fact, there wires were unwrapped and the phone was out of its sleeve.
The lady in the shop looked a bit suspicious when she put it in the bag, she opened it and mumbled something like "I'll just check the box" - difficult to explain but it looked like she had thought about what she was going to do.
The phone was already charged, and there is even a video on it from January 2012!
I am aware there is a 14 day cooling off period but we're going on holiday for 2 weeks and I can't go in to the shop.
I contacted them today by email and they said I will have to bring it back within 14 days or there is nothing they can do.
This is pretty appalling service from Tesco's but obviously I need to act fast as they don't seem bothered.
Many thanks.

chanz4

its not their fault your going on holiday, they may of demo it in the shop if no scratches don't worry

DUTR

timmbleaddams wrote: »

Hi,
New here so thanks for any advice.
I bought my son a Motorola Razr on a 2 year contract today from Tesco. When I got home I noticed the box had previously been opened. In fact, there wires were unwrapped and the phone was out of its sleeve.
The lady in the shop looked a bit suspicious when she put it in the bag, she opened it and mumbled something like "I'll just check the box" - difficult to explain but it looked like she had thought about what she was going to do.
The phone was already charged, and there is even a video on it from January 2012!
I am aware there is a 14 day cooling off period but we're going on holiday for 2 weeks and I can't go in to the shop.
I contacted them today by email and they said I will have to bring it back within 14 days or there is nothing they can do.
This is pretty appalling service from Tesco's but obviously I need to act fast as they don't seem bothered.
Many thanks.

So what do you intend to do?

Jimx26

chanz4 wrote: »

its not their fault your going on holiday, they may of demo it in the shop if no scratches don't worry

This.

Do you want them to change their policy because it isn't convenient to you?

split_second

pretty sure phones get opened in the shop when they put your sim in etc, and that they come fully charged, mainly because modern batteries dont need the huge charges of the old days

timmbleaddams

DUTR wrote: »

So what do you intend to do?

I forgot to say that I asked if they would swap it by post or send someone else in (because I am going away) and they said it has to be me, in the shop, in 14 days.

timmbleaddams

split_second wrote: »

pretty sure phones get opened in the shop when they put your sim in etc, and that they come fully charged, mainly because modern batteries dont need the huge charges of the old days

Nah, this thing had been opened for months, the sticky had gone on the seal, the entire box was in a poor state really, and she just shoved it in the bag and sent me off.

mynameisdave

Does Tesco's policy really matter if it infringes the rights of the consumer?

If Tesco have sold a used phone as new then statatory rights apply, not the goodwill returns policy.

timmbleaddams

Jimx26 wrote: »

This.

Do you want them to change their policy because it isn't convenient to you?

Sorry if I didn't come across to you very well.

I have asked them if I could send someone else in or do it by post and the answer is no.

Further, who's to say that the phone hasn't been used previously to do something illegal with, or dropped etc... as it also has a minor scuff on it.

Also, a mobile phone needs the correct charge when it is first charged up or the battery won't perform properly. It was half charged when my son turned it on, so how do I know it has been done properly?

So, I gather your general thoughts are that it is ok for shops to fob people off with second hand or ex-demo gear? I hope that this doesn't happen to you, especially if it is a sandwich you're buying.

McKneff

Did you not see that the box was in a bit of a state when you bought it.

timmbleaddams

McKneff wrote: »

Did you not see that the box was in a bit of a state when you bought it.

No, she shoved it in the bag, shook my hand and then started talking to another customer. With being so busy and rushing I just went and did my shopping. You just don't expect to get given goods from Tesco in such a poor condition, so I didn't check it till I got home, after the shop had shut.

Her body language was weird at the end, like she'd thought about it, I can't explain in text but I reckon she knew what she was doing... "This fella's in a rush, I'll get rid of that phone that was brought back last month" kinda thing.