CEX and not satisfactory tablet. What are my refund rights?

djg2008

Hello MoneySavingExpert forum members,

Yesterday afternoon, I purchased what I deemed to be a "good deal" from the CEX store for a 7 inch tablet described as "Generic", I only later found out after I got it home, Google play lists this item as a WonderMedia WM-8880-MID. Initially, I wanted it only to play a game which heavily relies on GPS in order to locate yourself in the world. This aspect is crucial to making the game actually function properly.

I spoke to a couple of people who work in store before making the purchase, there was some confusion about the tablet itself (being listed only as Generic and all and not having a brand name). I made it clear verbally that I wanted to research it first to make sure that it would indeed run on that tablet, because the game may not have run properly (as it doesn't run properly on my Android phone). After having no luck about that, the guy seemed dumbfounded upon booting it up that it seemed to have not been hardware tested, as there was a weird logo screen on start up and all the previous persons apps were still on the device (including Flappy Bird). He put it down to something along the lines of cloud data, which I was reluctant to buy as an excuse, assuming that the hardware testers would have thought of something as simple as that.

Anyway, I suggested that we run through the specifications of the device, pulling up a list of required specs for the game. One by one, each criteria was met. The tablet (which I now suspect to be a cheap Chinese/Taiwanese rip-off) supposedly does have GPS. After nearly getting charged £65 for this tablet which was priced up at £55, I walked away happy thinking I had made a good purchase. What a surprise later that I found out this tablet is selling online for much less than that price.

Upon getting it home, that's where the problems began.

Firstly, the on/off activation button gets a bit stuck, so it can sometimes be fiddly to turn the screen on.

But more importantly, the GPS feature described, is in fact extremely delayed. Sometimes you have to wait a minute before it can update your GPS location. This (to me, being the only reason I made the purchase) I would deem unacceptable and at the very least, misdescribed if not faulty.

Then, I noticed the box had a couple of stickers on. One of which still contained the customers full name and the person who took the trade in for testing, with two boxes "TEST OK?" Y / N. Neither box had been ticked, and on the box was written in ink "DC", not sure what that means however.

Having sat reading bad review after bad review when it comes to CEX and their returns policy, my main concern is that now, when I go with my fiancee tomorrow to return it - they are going to try to have me accept store vouchers. But I'm more worried that they will offer a "test" which then they deem satisfactory, but I don't. And best case scenario, I want my money back, not some shoddy vouchers that I won't trust spending in there.

Basically I guess, what I am asking is, I want my money back. How do I go about this in the most secure way without letting them try and talk me out of it? I've read a number of reviews now where they don't always like to let a little thing like "consumer"/"statutory rights" stand in their way of not having to foot the bill on a mistake they made (untested piece of hardware). However, if I go in there suggesting that they never tested my hardware in the first place, I suspect I will be at the receiving end of a brick wall "no cash refund" policy response. I am just thankful I didn't follow my gut instinct and get the Galaxy Tab 3 for £120 sitting up there.

Any advice would be appreciated? I am limited to about 30 hours before I am exempt from their 2 day returns policy.

Thanks,
David.

LondonGal

If it is not fit for purpose, whatever their returns policy states, legislation overrides it, and that is in your favour.

Have a read here (it's designed for the seller but will answer your question well):

http://sogahub.tradingstandards.gov.uk/

vyle

On the GPS side of things, you're stuffed, because it does HAVE a GPS. It's just a crap GPS. That it's not fast enough would be debatable in saying it's "not fit for purpose" because it may be fine for what it's intended for, but not up to snuff for what you WANT it to do. They're not necessarily the same things. Did they categorically state upon sale that the GPS would be fast enough to play the game at a speed you deem acceptable?

As far as the data snafu and the button getting stuck, that could be classed as a fault for you to reject the goods.

djg2008

LondonGal; (wouldn't let me use the quote button since there was a hyperlink in it and I can't repost hyperlinks as a new user)

Hi, thanks I read through that section labeled "3. When can a customer claim a refund, repair or replacement - what the law says"

However, I'm just concerned they may try and spin the fault of the product on me, and how can I prove it? I also forgot to put that my fiancee noticed a few white blotches on the screen. She mentioned water damage but I am no expert to assess that. They do look suspiciously like she may be right. However, I was with her the whole time and I know for a fact that if that is water damage, it couldn't have taken place after yesterday's sale. If they try and suggest the onus is on me to prove I didn't cause it myself between then and the day I take it in for refund, I can't physically do that. Any more than I can really prove that it wasn't hardware tested. I know it wasn't, but they could flat out deny that.

I am concerned that this is a model flaw in regards to slow GPS rather than a fault, and that any "repair or replacement" will (in effect) not make any difference to the GPS problems I am having. This is the reason I would rather get a refund, so I can purchase a brand new Samsung Galaxy tablet instead from another retailer (hence why I don't want vouchers).

I appreciate the link, I have learned a few things from that article.

vyle;

No, the merchant never explained the speed of the GPS, and I do see where you are coming from. It looks like I'd have to use the fault in the power button as the excuse for returning the product, I'm just worried they say "yeah it works, you just have to press it a certain way". What do you mean by data snafu? Sorry.

Thanks for the replies.

djg2008

P.S. I'm not trying to throw your replies aside, I just want to be sure all angles are covered if they try any funny business. I never looked into my consumer rights before, and would have thrown this down as a loss. I want to at least try and get my money back here. It may transpire that they offer me a refund anyway, but given the horrendous reviews I've been reading tonight, I want to go in armed with information that I can use. I hope that makes sense, and I really do appreciate all the replies.

Darksun

djg2008 wrote: »

But more importantly, the GPS feature described, is in fact extremely delayed. Sometimes you have to wait a minute before it can update your GPS location. This (to me, being the only reason I made the purchase) I would deem unacceptable and at the very least, misdescribed if not faulty.

That's not all that unusual when dealing with GPS on any device, particularly when doing first fix. GPS is also not great when you're indoors and will be much slower at getting a fix (if at all possible)

vyle

djg2008 wrote: »

LondonGal; (wouldn't let me use the quote button since there was a hyperlink in it and I can't repost hyperlinks as a new user)

Hi, thanks I read through that section labeled "3. When can a customer claim a refund, repair or replacement - what the law says"

However, I'm just concerned they may try and spin the fault of the product on me, and how can I prove it? I also forgot to put that my fiancee noticed a few white blotches on the screen. She mentioned water damage but I am no expert to assess that. They do look suspiciously like she may be right. However, I was with her the whole time and I know for a fact that if that is water damage, it couldn't have taken place after yesterday's sale. If they try and suggest the onus is on me to prove I didn't cause it myself between then and the day I take it in for refund, I can't physically do that. Any more than I can really prove that it wasn't hardware tested. I know it wasn't, but they could flat out deny that.

I am concerned that this is a model flaw in regards to slow GPS rather than a fault, and that any "repair or replacement" will (in effect) not make any difference to the GPS problems I am having. This is the reason I would rather get a refund, so I can purchase a brand new Samsung Galaxy tablet instead from another retailer (hence why I don't want vouchers).

I appreciate the link, I have learned a few things from that article.

vyle;

No, the merchant never explained the speed of the GPS, and I do see where you are coming from. It looks like I'd have to use the fault in the power button as the excuse for returning the product, I'm just worried they say "yeah it works, you just have to press it a certain way". What do you mean by data snafu? Sorry.

Thanks for the replies.

Sorry, I was very tired when I wrote that... by data snafu I meant them leaving somebody else's information on the box.

Luckily for you, regarding them trying to get you to prove things, the onus is on them to prove it is okay, not the other way around, as you've had the goods for less than 6 months.

djg2008

They did exactly what I expected and gave us the option of refund via vouchers only. They did a 2 hour test, and my fiancee had to fetch the results as I had to go to work. They came back with the excuse "nothing wrong with it - not faulty", even though the button was a bit stiff and there was "water damage" which according to them is just because it's a cheap tablet. Looking like I am going to lose this one so I may just have to give in and swap for a Galaxy Tab 3.

<sigh>

LondonGal

It may be worth an email to [EMAIL="service&#64;wondermedia.com.tw"]service@wondermedia.com.tw[/EMAIL] requesting it be passed to the Executives Office (the CEO is a Mr Tzumu Lin - sorry, I couldn't find a personal email address).

It shouldn't take too long to get some sort of reply, then decide your options.

Alternatively, the owner of CEX is [EMAIL="robert&#64;webuy.com"]robert@webuy.com[/EMAIL]

I would have thought he must be worth emailing to see if you get any joy.
[EMAIL="robert&#64;webuy.com"][/EMAIL]

Anselm

djg2008 wrote: »

They did exactly what I expected and gave us the option of refund via vouchers only. They did a 2 hour test, and my fiancee had to fetch the results as I had to go to work. They came back with the excuse "nothing wrong with it - not faulty", even though the button was a bit stiff and there was "water damage" which according to them is just because it's a cheap tablet. Looking like I am going to lose this one so I may just have to give in and swap for a Galaxy Tab 3.

<sigh>

Could this be an angle to try? Surely they've sold you a faulty good and have admitted liability in saying that it's because it's a cheap tablet.

A water damaged good doesn't seem to tie in with satisfactory quality.

I'm only spitballing here by the way.