Brand New handset or a potential refurb/returned handset

FireWyrm

Collabora wrote: »

Not illegal if they purchase them from a wholesale/bulk clearing house as a pallet of customer returns.

Yes it is if they advertise the item as brand new. Brand new is very specific. Customer returns on the other hand is 'second' hand and cannot be sold as brand new (hence it cannot go back on the shop floor and is being sold off at discount). If what we are told is correct and the OP was sold a brand new handset, then that is what he should get, not factory seconds, returns, refurbs, swap-outs or anything else.

ConsumerGuy0016

Update:

Spoke to someone from customer services who told me the following:

i) Their main supplier for this particular phone (Xperia Z3 Compact) is Sony, but that they also have other suppliers "depending on demand"

ii) The warehouse routinely conduct quality control "to make sure all the items are inside the package" - seems a bit strange to open a box and unseal it to check everything is inside if you've purchased directly from the manufacturer

iii) They are adamant the phone is brand new - whilst I remain adamant that brand new reflects an item that has not been interfered with physically since being ratified and subsequently packaged/sealed by the manufacturer.

iv) SmartPhone Company / MobilesPhonesDirect remain adamant that they are supplied the phones by Sony in unsealed condition. However, we've established from this thread that Sony does seal products, and it seems unintuitive to imagine a situation where a tech firm doesn't seal its products to protect the integrity of the hardware.

All very strange to be honest - I want to cancel my purchase ideally, but at the same time I want to follow this up with the relevant authorities to make sure other people aren't falling for what I perceive to be potentially underhand tactics by the retailer to profit-maximise.

LilElvis

ConsumerGuy0016 wrote: »

Called Sony again after I received the email, and their escalations team confirmed that the phones are sold to retailers and networks sealed in Sony tape.

It's nothing to do with principle - I just want a handset that hasn't been used before. If I was okay with a used handset I would have purchased a refurb or a second-hand one from Gumtree/Ebay at a significant discount.

My comment about a point of principle had nothing to do with the phone potentially/probably being a return or refurbished, but sold as "factory fresh". I wouldn't accept it either. I was referring to the fact that you are entitled to return it as unwanted under the CCRs, but at a cost to you of the return postage. The only way you are going to get the return postage paid for is if you can return it as not being as described, which the seller is denying. It's totally up to you as to how much effort you want to put in to get the return postage paid - or do you want them to send you a factory sealed model (which would be hard as the seller denies they come sealed!)?

LilElvis

ConsumerGuy0016 wrote: »

Update:

Spoke to someone from customer services who told me the following:

i) Their main supplier for this particular phone (Xperia Z3 Compact) is Sony, but that they also have other suppliers "depending on demand"

ii) The warehouse routinely conduct quality control "to make sure all the items are inside the package" - seems a bit strange to open a box and unseal it to check everything is inside if you've purchased directly from the manufacturer

iii) They are adamant the phone is brand new - whilst I remain adamant that brand new reflects an item that has not been interfered with physically since being ratified and subsequently packaged/sealed by the manufacturer.

iv) SmartPhone Company / MobilesPhonesDirect remain adamant that they are supplied the phones by Sony in unsealed condition. However, we've established from this thread that Sony does seal products, and it seems unintuitive to imagine a situation where a tech firm doesn't seal its products to protect the integrity of the hardware.

All very strange to be honest - I want to cancel my purchase ideally, but at the same time I want to follow this up with the relevant authorities to make sure other people aren't falling for what I perceive to be potentially underhand tactics by the retailer to profit-maximise.

I would say it is about selling items as new when there is a strong indication that they aren't.

I imagine Sony might be interested in a reseller potentially selling refurbished or returned items as new and lying to their customers about the boxes not being sealed by the manufacturer.

It would be interesting to know what problems might occur if you needed to make a claim against the manufacturer's warranty if it transpires that it is refurbished or has been previously registered and then reset.

ConsumerGuy0016

LilElvis wrote: »

It would be interesting to know what problems might occur if you needed to make a claim against the manufacturer's warranty if it transpires that it is refurbished or has been previously registered and then reset.

This is my precise concern. Especially the fact that SmartPhone Company has said that they conduct 'quality control' on the handsets themselves before selling them - surely this invalidates a standard warranty issued by the manufacturer?

I doubt a re-seller is approved by the manufacturer to interfere with the phone at all before it's sold to the consumer.

visidigi

I love the way on the returns form they specifically ask you if the handset box has been opened. Yes or No.

http://www.smartphonecompany.co.uk/help/returns

That tells me your box should have been sealed without question and they know it.

As for the QC checks - not buying it, they took the screen protector off, that's not a QC check that's someone using the handset.

Collabora

QC checks should be done by a specific team/person and should only be a case of open box, check all contents are in the box and maybe turn phone one and then off again, but removing no screen protection and then reseal the box with another security seal before dispatch

visidigi

Collabora wrote: »

QC checks should be done by a specific team/person and should only be a case of open box, check all contents are in the box and maybe turn phone one and then off again, but removing no screen protection and then reseal the box with another security seal before dispatch

On what authority do you base this 'advice'?

QC checks are not the retailers responsibility. They are the manufacturers, which they perform before they seal it.

You only need QC checks at the retailer if you are selling an open box/return/used goods.

LilElvis

Collabora wrote: »

QC checks should be done by a specific team/person and should only be a case of open box, check all contents are in the box and maybe turn phone one and then off again, but removing no screen protection and then reseal the box with another security seal before dispatch

Where does it say that there is a set procedure for quality control?

How can a reseller reseal the box with a manufacturer's tape?

The phone might be fine but not power on as the battery is depleted and in need of charging, so this would prove little.

Why would a reseller need to perform quality checks? Surely that's the job of the manufacturer before they seal and ship the product.

LilElvis

visidigi wrote: »

On what authority do you base this 'advice'?

QC checks are not the retailers responsibility. They are the manufacturers, which they perform before they seal it.

You only need QC checks at the retailer if you are selling an open box/return/used goods.

Cross-posted!

Totally agree!