Faulty phone, failed repair and progress halted

hoithere

Hey,

I'm looking for a bit of advise for my next move. I brought a phone from ValueBasket, it turns out the headphone jack is faulty as one headphone often cuts out when moving (tested with various pairs including new). Within 1-2 months of buying phone I sent it away for repair, received an email on Sat 22nd December saying it had been fixed and was ready, what is my address - I replied and then went away on holiday for 3 weeks, when I came back it still hadn't arrived and I had automated emails every 7 days saying the same thign as before. The next 2 weeks or so involved me trying to get hold of their customer support (near impossible) - couldn't get through on the phone at all- it just rang indefinitely. Eventually they responded to an email and they sent it back, unfortunately it was not fixed at all, the problem was still the same and the time taken was 10 weeks. After a stern email outlining how they'd not complied with the Sale of Goods Act etc and that I wanted a new phone as it was within my rights (from what I've read), they told me they would not give me a new phone but would repair the phone again. They are not willing to offer me a replacement phone whilst this is ongoing but they have offered to collect the phone. I have so far refused this as I am not willing to wait for the phone to get to Hong Kong and be without a phone again.


TL;DR

• new phone - faulty headphone jack
• sent off phone for repair (no replacement given)
• took 10 weeks to come back - customer service dreadful
• phone is not repaired in the slightest
• told them I want a new phone - they said no
• they will only repair (not willing to offer replacement) - I am not up for this

Basically, where do I stand. Would this get resolved in small claims court? How would it stand up and is it a pain? I'm pretty busy as it is applying for a new job at the moment and have wasted an inordinate amount of time messing around with this increasingly infuriating company.

Am I right in claiming that I am entitled to my phone being replaced for new considering the circumstances and that they've had a chance to repair it?

What would your recommended course of action be?

Thanks for your help

As a closing note, I would never buy anything from this company again despite the cheaper price, consider it a lesson learnt. Hah!

unholyangel

If its http://www.valuebasket.com

Applicable Law : You agree that the laws of the Hong Kong will govern these Conditions of Use

Doesnt really do much good quoting UK law if they're not in the UK.


How much was the phone and how did you pay? When did you buy the phone and when did you first contact them saying it was faulty?

hoithere

unholyangel wrote: »

If its http://www.valuebasket.com



Doesnt really do much good quoting UK law if they're not in the UK.


How much was the phone and how did you pay? When did you buy the phone and when did you first contact them saying it was faulty?

Yeah that's a good point, I wasn't really sure about that as the address I sent the phone to was in Luton, so I thought as they were 'operating' in the UK they had to abide by the rules. Not really sure how this works.

The phone was ~£380 and I paid via visa debit card. I brought the phone in late September, early October and contacted them in early November.

Thanks for your reply.

bod1467

Interesting also that Amazon (albeit .com) are in the Naughty list, whereas most people would have a more-positive outlook on Amazon's customer service.

hoithere

Sorry for the bump, but does anyone have any advice how to go forward from here, or is it unfortunately a case of hard luck? If so, it's not the end of the world, just a shame to spend the money and it not work 100%.