Bought a faulty blackberry in CEX (inshop now)

toadyfrog

Hi,

My son bought a blackberry last Saturday in CEX harrow which when he bought home wouldn't charge, tried different chargers.

His girlfriend had already taken receipt home with her and we couldn't get it back till today, the phone has just been sat in box for a weeek.

They are in the shop now and the shop is refusing a refund and said they will just repair phone, is this correct as he wasn't shown the phone working in store and had no way of knowing it wasn't working till he got home.

Thx

bris

no it's not right, SOGA allows to to reject faulty goods before you accept them. Because this has been faulty from the time you bought it then acceptance has not taken place so they should offer you a refund.

Unfortunately the training the staff get is inadequit and they will firmly believe they are correct because thats what their head office teaches them.

Try speaking to the manager who should know a bit about your proper consumer rights.

MamaMoo_2

The relevant part of SOGA explained here

Acceptance

Customers are entitled to reject goods if they are faulty (do not match the description , are not of satisfactory quality , or are not fit for purpose ) and receive a full refund if they have not yet accepted the goods.

Before a customer is believed to have accepted the goods they have purchased, the law allows customers a reasonable opportunity to inspect or examine the goods and this should take place within a reasonable time .

For items sold in a shop, it is important for retailers to know that inspecting them in a shop is often not considered a reasonable opportunity. This is due to the restrictions of packaging and in-store display in allowing a customer to identify a problem or a fault.

For items being delivered, it is important for retailers to know that signing a delivery note is not acceptance as it does not allow the customer a reasonable opportunity to inspect the goods and identify any problems or faults.

The law does not give a time limit for acceptance. When trying to decide if a customer has had a reasonable opportunity to inspect their goods, consider what an impartial person in a court would think reasonable for that product in the circumstances.

Faulty goods, no acceptance
If the item does not conform to contract (is faulty ) for any of the reasons mentioned previously, and the customer has not accepted the goods, the law says the customer is entitled to
reject the goods and claim a full refund, or
request a repair or replacement if that is the customer's preferred option.
As the retailer, you can offer a repair, a replacement or a credit note, but you cannot insist on any one of these. It is the customer's right to receive a full refund in these circumstances.

This is from the OFT's SOGA explained, found here http://www.oft.gov.uk/business-advice/treating-customers-fairly/sogahome/sogaexplained/

d123

The problem is the time that has elapsed, the store will argue 7 days is more than enough time to consider the item accepted.

How will the OP prove the phone hasn't worked since last Saturday?

MamaMoo_2

d123 wrote: »

The problem is the time that has elapsed, the store will argue 7 days is more than enough time to consider the item accepted.

How will the OP prove the phone hasn't worked since last Saturday?

It's a perfectly reasonable timescale. A lot of people work during the week and wouldn't have had the opportunity to return the item until today, depending on the store's location and opening hours.

halibut2209

A court would probably find this reasonable, although they might ask why the OP didn't at least ring the store to say it was faulty but could not get there until the weekend

Robin_TBW

NEVER buy phones/tablets from CEX.

arcon5

d123 wrote: »

The problem is the time that has elapsed, the store will argue 7 days is more than enough time to consider the item accepted.

How will the OP prove the phone hasn't worked since last Saturday?

Op doesn't have to prove anything... it would be for them to prove anything other than an inherent fault in this particular case.

Smurfetta

toadyfrog wrote: »

Hi,

My son bought a blackberry last Saturday in CEX harrow which when he bought home wouldn't charge, tried different chargers.

His girlfriend had already taken receipt home with her and we couldn't get it back till today, the phone has just been sat in box for a weeek.

They are in the shop now and the shop is refusing a refund and said they will just repair phone, is this correct as he wasn't shown the phone working in store and had no way of knowing it wasn't working till he got home.

Thx

My son went through the same thing with CEX but on an iphone that he purchased with his christmas money. The only thing they will probably do is give a credit note

toadyfrog

Thanks for all the replies, they store tried and new battery and charger and the phone now works, although because it hadn't worked since he bought it he bought another in the week nearer where he was working.

We would have rang CEX and informed them last saturday that it didn't work but can't find a phone number anywhere for them only contact by email or facebook.

He will be getting in contact with head office on monday via email about the shoddy training the staff receive regarding refunds although thats probabley how they wan't them to be so they never give refunds.

mattyprice4004

Robin_TBW wrote: »

NEVER buy phones/tablets from CEX.

What a well substantiated post, backed up by plenty of facts.