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Returning Goods Advice

2

Comments

  • zenmaster
    zenmaster Posts: 3,151 Forumite
    A "UK 3 pin plug" is a BS1363 connector used in many countries, including Hong Kong, so it may well be the original charger.
  • MOPI
    MOPI Posts: 199 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    zenmaster wrote: »
    A "UK 3 pin plug" is a BS1363 connector used in many countries, including Hong Kong, so it may well be the original charger.

    Thanks for your reply, I have just realised that, learnt something new!

    I realise that it wasn't stated either way in the description which country the phone was purchased in. However in law where do I stand with what I would describe as my 'reasonable presumption' that a UK seller is selling a UK purchased item unless otherwise stated? Or is the fact that it wasn't mentioned either way therefore it is my fault for not checking the country of origin before purchasing?

    If there's nothing I can do then I will just have to accept the mistake and move on.
  • MOPI wrote: »
    Thanks for your reply, I have just realised that, learnt something new!

    I realise that it wasn't stated either way in the description which country the phone was purchased in. However in law where do I stand with what I would describe as my 'reasonable presumption' that a UK seller is selling a UK purchased item unless otherwise stated? Or is the fact that it wasn't mentioned either way therefore it is my fault for not checking the country of origin before purchasing?

    If there's nothing I can do then I will just have to accept the mistake and move on.

    You purchased an iPhone and received an iPhone. Just because it was sold elsewhere, it will still function exactly the same as if it was purchased in the UK.

    Did Apple state which country this handset was originally sold in?

    Your rights are to return the faulty handset to the shop under the SOGA.
  • MOPI
    MOPI Posts: 199 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    Hi, Apple didn't tell me but I did my own research when I got home and discovered it was Hong Kong.

    The issues I have with it originating from Hong Kong are:

    - EE will not support the Wi-Fi calling issues that I am experiencing with the handset due to it not being a UK purchased unlocked iPhone. This feature worked absolutely fine on my previous iPhone 6 from the UK.

    - My insurance company were happy to insure the item but are now unable to do so with it being a Hong Kong purchased handset.

    So I was wrong to presume?
  • naedanger
    naedanger Posts: 3,105 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    MOPI wrote: »
    Hi, Apple didn't tell me but I did my own research when I got home and discovered it was Hong Kong.

    The issues I have with it originating from Hong Kong are:

    - EE will not support the Wi-Fi calling issues that I am experiencing with the handset due to it not being a UK purchased unlocked iPhone. This feature worked absolutely fine on my previous iPhone 6 from the UK.

    - My insurance company were happy to insure the item but are now unable to do so with it being a Hong Kong purchased handset.

    So I was wrong to presume?

    In my view you should speak to Cash Converters and explain the problems i.e. it is not a UK model and it has some fault with the top speaker and see if there is anything they will do.

    If they don't help then in my view you had a reasonable expectation that the goods would comply with UK spec and would be covered by warranty in the same way as if the phone had been a UK model.

    Therefore I think you would have a valid claim that the phone was not of satisfactory quality and was not accurately described (as the description omitted a key relevant point). However, a court may or may not agree so it would be better if you could avoid any risk of court action by getting Cash Converters to agree a satisfactory outcome.
  • unholyangel
    unholyangel Posts: 16,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Tbh I'm wondering why you keep focusing on the phone not being a UK phone - rather than the fact it seems to have problems with the speaker (which is why you took it to apple to have it replaced).
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • unholyangel
    unholyangel Posts: 16,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    naedanger wrote: »
    In my view you should speak to Cash Converters and explain the problems i.e. it is not a UK model and it has some fault with the top speaker and see if there is anything they will do.

    If they don't help then in my view you had a reasonable expectation that the goods would comply with UK spec and would be covered by warranty in the same way as if the phone had been a UK model.

    Therefore I think you would have a valid claim that the phone was not of satisfactory quality and was not accurately described (as the description omitted a key relevant point). However, a court may or may not agree so it would be better if you could avoid any risk of court action by getting Cash Converters to agree a satisfactory outcome.

    There is no requirement in law to provide a warranty and definitely not unusual for imports not to have a valid warranty because its outwith the area it was intended for. Unless you are specifically told that the item has a valid UK warranty, its wrong to assume that there will be one included.
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • MOPI wrote: »
    Hi, Apple didn't tell me but I did my own research when I got home and discovered it was Hong Kong.

    The issues I have with it originating from Hong Kong are:

    - EE will not support the Wi-Fi calling issues that I am experiencing with the handset due to it not being a UK purchased unlocked iPhone. This feature worked absolutely fine on my previous iPhone 6 from the UK.

    - My insurance company were happy to insure the item but are now unable to do so with it being a Hong Kong purchased handset.

    So I was wrong to presume?

    Specifically on the issue of it being a Hong Kong model, I don't think you were wrong to presume.

    To paraphrase, the law states that a retailer is prohibited from omitting material information, if that would cause a consumer to purchase something they wouldn't have done if they'd known the information (Consumer Protection from Unfair Trading Regulations 2008).

    I think the fact that it's an overseas model is clearly material information - as you've discovered, this causes you problems. Therefore Cash Converters should be giving a full refund.

    Note that the fact it's second hand makes no difference, Cash Converters are still responsible for giving all material information.
  • naedanger
    naedanger Posts: 3,105 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    edited 29 November 2015 at 10:32PM
    There is no requirement in law to provide a warranty and definitely not unusual for imports not to have a valid warranty because its outwith the area it was intended for. Unless you are specifically told that the item has a valid UK warranty, its wrong to assume that there will be one included.

    My point was it was reasonable for the customer to assume the model was a UK one unless otherwise stated. So it was reasonable of them to assume it "would be covered by warranty in the same way as if the phone had been a UK model."
  • unholyangel
    unholyangel Posts: 16,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    naedanger wrote: »
    My point was it was reasonable for the customer to assume the model was a UK one unless otherwise stated. So it was reasonable of them to assume it "would be covered by warranty in the same way as if the phone had been a UK model."

    And that was my point, that UK models - even when purchased brand new - do not need to be provided with a warranty. So unless the description specifically said it included a warranty, it is wrong to assume that is does and it not having warranty coverage does not mean the goods do not conform to contract.

    OP would be much better focusing on the speaker issue atm.
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
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