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

everythingblogcast

If its a fault then you can demand a full refund plus costs because a phone costing £100 should not fail withing the first 6 months. Quote the Sales of Goods Act. It is unfair to charge you 50% for a faulty phone.

yeslek

Blacksheep1979 wrote: »

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

yes they do

the OP didnt initially want a refund, he wanted the phone, and since its still under manufactuers 1 year guarentee a replacement should be given.
as the store cannot provide a replacement they should offer a refund as they are the ones that cannot provide the customer with a replacement.
its not the cust's fault!

would you just give a partial replacement then? seen as the OP has used 6 months of the phone?


check the t&c's as most reputable shops say they will offer a full refund if they are unable to repair or replace an item

yeslek

dmg24 wrote: »

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.

but they cannot replace that exact phone

i'm sure if the OP wanted another phone they would have brought another phone, but they didnt, they wanted the phone they brought and should not have to settle for another

Blacksheep1979

everythingblogcast wrote: »

If its a fault then you can demand a full refund plus costs because a phone costing £100 should not fail withing the first 6 months. Quote the Sales of Goods Act. It is unfair to charge you 50% for a faulty phone.

I think someone needs to actually read the sale of goods act and all the ammendments before telling people what they can and can't do.

Whilst 50% is totally unreasonable, the sale of goods act does allow for usuage of a product to be taken into account when giving a refund ie you wouldn't expect a £3k plasma TV to fail after 2 years, but you also wouldn't expect a full refund then. You are only entitled to a full refund 'within a reasonable period of time'. No time period is set in stone but 6 months would really be pushing it.

stugib

Blacksheep is correct AFAIK. As I understand this:

1. You have a reasonable time to inspect goods and reject them for a full refund (legally not long but some shops have, generously, seemed to take this as 28 days).
2. Once you've accepted goods you are then entitled to replacement or repair, not a refund, should it be faulty. 6 months is a boundary between the retailer having to prove it wasn't faulty at time of purchase (<6m), and the consumer have to prove it was (>6m).
3. If a repair/replacement is not possible/viable you are entitled to a partial refund, the amount depending on expected life and how long you've had it.

Note that none of this included any reference to a manufacturer warranty!

From the situation described it seems like neither of the options in step 2 are possible (is it beyond repair?) or acceptable to you, so you've gone to #3. However 50% isn't right unless they're claiming the phone should last 14 months, which although in practice is not uncommon IME, isn't acceptable as an expected lifetime IMHO.

I'd also hope (but don't know) that the loss you'd make from a partial refund wouldn't be linear, so you'd expect a higher percentage earlier on than if it was 2 years old.

However, it does sound like they're trying to take the easy option for them rather than trying to source a replacement from elsewhere or arrange a repair. What phone is it?

Oh, BTW, I have posted in the 5* Service board praising Expansys when I've ordered from them, but have no links to them!

goshdarnit

Butlers1982 wrote: »

ask them if they are aware of the Trading standards Act

If they are aware of that one then they obviously don't have a clue what they're on about.

zim_zimmer wrote:

its still under the 1 years manufacturers warranty

Thats not relevant as BenQ-Siemens went into bankrupcy last year.

everythingblogcast

Blacksheep1979 wrote: »

I think someone needs to actually read the sale of goods act and all the ammendments before telling people what they can and can't do.

Whilst 50% is totally unreasonable, the sale of goods act does allow for usuage of a product to be taken into account when giving a refund ie you wouldn't expect a £3k plasma TV to fail after 2 years, but you also wouldn't expect a full refund then. You are only entitled to a full refund 'within a reasonable period of time'. No time period is set in stone but 6 months would really be pushing it.

Someone has to learn that people has read the sales of goods act and has gotten a few full refund. Tell me have YOU read all of it. DONT YOU EVER DARE POST SOMETHING LIKE THAT AGAIN!!!!!!

AGAIN the OP wants the same phone model the other phones she does not want so why should they lost out, it will be like a car you spent £10,000 and 6 month later it does not work does that mean that you will just accept the £5,000 NO it does not, companies have to learn that if they sale faulty products they have to fork over the money NOT the customer.

stugib

everythingblogcast wrote: »

Someone has to learn that people has read the sales of goods act and has gotten a few full refund. Tell me have YOU read all of it.

What, by virtue of the law being applied in court or just anecdotal evidence of companies issuing a refund rather than go to court? Can you quote the part of the SOGA which specifies you're entitled to a full refund?


Here's the section I'm referring to (following on from explaining you're entitled to demand a repair or replacement and rescinding the contract if neither are possible):
48C(3): For the purposes of this Part, if the buyer rescinds the contract, any reimbursement to the buyer may be reduced to take account of the use he has had of the goods since they were delivered to him.


Summarised in the DTI's advice:
Q12. Neither repair nor replacement of the goods are possible. What can I do?
You may either pursue the old route of damages or a partial or full refund. Probably either would give you exactly the same amount of money. You would seek a full refund in scenarios such as those where you had enjoyed absolutely no benefit from the goods. If you had benefited from them then you would seek a partial refund as a fair remedy. This is exactly the reasoning that would be employed if you sought damages.

everythingblogcast wrote: »

DONT YOU EVER DARE POST SOMETHING LIKE THAT AGAIN!!!!!!

:rolleyes:

zim_zimmer

Thank you very much for your replies guys.

I'm still gonna push for a full refund, for a mobile phone to stop working after 6 months is just not on. Even if it was only a cheap £25 phone I'd still push for the full refund.

No reply from Expansys as yet though

dmg24

but they cannot replace that exact phone

They cannot replace the exact phone, but they can offer an equivalent.

I think it would be fair to be offered a full refund, but the law is not always fair.