What are my rights here?? Mobile Phone related...

zim_zimmer

I bought my girlfriend a mobile phone for Christmas (Purchased in November for £100) from a very well known and reputable company on the internet (Am I allowed to name them?!). All was fine until May when the phone stopped working.

First of all I contacted the manufacturer which is BenQ Siemens. They talked me through some steps to get it working, none of which worked so they said to speak to the company I bought it from in order to arrange a replacement / refund. So I got in touch with the company I bought it from and explained the story to them, to which I was told to fill in a repair request form and send it back.

I did this, sent it to them and as it mentions on the form it can take up to 7 days for a reply... surprise surprise they took full advantage of that!! Seven days later I get a reply saying they have no longer got the phone in stock and will not be getting anymore in the future either.

They said...

'Unfortunately we are unable to get the device repaired and as you are out of the 21 days as stated in our T&C's we will not be able to issue a refund but I have spoken to my manager and we will be able to offer a store credit'

So I told my girlfriend to have a look on the site and see if there were any other phones she liked. After looking she didn't like any other phones so I got back in touch with the company to tell them this (its all done via email) to which they took another 7 days to reply with...

'I have spoken to my manager and she has said we can offer a full store credit which will be open 6 months or as you have had 6 months use of the handset we can offer a refund of 50% of the invoiced amount'.

This is when I started to kick up a fuss... This is what I replied with.

******,

This is not good enough I'm afraid, please can you forward this onto
your manager and CC me in please.

Your website does not make any statements saying that customers would
only receive 50% refund on faulty goods. All goods are covered by a 1 year
manufacturers warranty which the seller should take responsibility of.
If you cannot repair or replace the product then a FULL refund should be
offered... not at the expense of the customer.

As mentioned before, we would just like a replacement of the phone but
as you say they're no longer in stock my girlfriend looked through your
website for an alternative phone but she does not like any of them. Why should
she be penalised when all she wanted was a replacement of the original
phone.

Please respond so we can get this matter sorted... My girlfriend has
been without her phone for almost a month now

Am I right to send this?? And where do I stand with regards to my rights?? I'm thinking I've got some sort of comeback with the 'Sale Of Goods act'?? Would you expect a mobile phone to break down after 6 months?!

PS... I haven't had a reply to this email yet, maybe because it hasn't been 7 days :rotfl: Every time there is correspondance sent it takes seven days for them to reply which is more time my girlfriend is without a phone, I'm fed up with it now.

hollydays

You can name the company.

zim_zimmer

Ok!! The company was EXPANSYS.

Where do I stand then with regards to this?? Am I able to claim a FULL REFUND?

Blacksheep1979

You can't have a full refund as you have had use of the goods - but 50% is complete bull too. You have to depreciate on the expected lifespan of the goods. I'd personally say a mobile would last 3-4 years (min) so you should be looking at getting 85%+ back.

All covered under the sale of goods act - start to mention that, trading standards and small claims court and they'll get a little twitchy. And yes they can't offer just a store credit.

Butlers1982

start to mention that, trading standards and small claims court

I wouldnt do it like that, I would wait for a reply from your email and then ask them if they are aware of the Trading standards Act in relation to the sale of goods, I dont think you need to mention small claims court.

Ask to speak to the most senior person available then loook for around 80-85% refund- although i would want 100% as it hasnt last long

yeslek

you shouldnt have to settle for a partial refund

you clearly said you wanted a replacement - they cant provide it (not your fault or problem) so they should give you the full amount so (in theory) you can buy it else where.

zim_zimmer

Exactly, shes only had the phone for 6 months and its dead already!! Plus the amount of time they take to reply to emails is just extending the length that my girlfriend is without a phone... I will await their reply then rather than phoning for now.


I will keep you posted!!

Blacksheep1979

you don't have the right to a full refund as you have had some use from the product.

zim_zimmer

Fair enough she has used it but its still under the 1 years manufacturers warranty... I would expect a full refund?? Unless its different for mobile phones

dmg24

Blacksheep is right, even though it is still under warranty, the fact that you have had use of it means that you are not entitled to a full refund.

You have been offered a replacement, albeit not of the original phone. If the original phone is no longer available, this is beyond the control of the retailer, and therefore they are offering an equivalent replacement.

Blacksheep1979

zim_zimmer wrote: »

Fair enough she has used it but its still under the 1 years manufacturers warranty... I would expect a full refund?? Unless its different for mobile phones

yes - not the 'sellers' waranty