Repair or refund?

baldrik_1

I placed an order for an HTC one M8 on 30th September 2015, all was well till 29th December when after putting phone on charge it swelled up pushing the screen up, I immediately unplugged it and took it outside and it was very hot! I do a lot of radio control and have seen battery's cause fires!! I contacted the seller on Ebay and they have asked for pictures and will help return to HTC under guarantee. Is this the only option or can I ask for a refund? They are a trade seller not private. Paid via Paypal I first posted this in MOBILE. Then found this forum SORRY

JJ_Egan

Your rights are with the vendor not the manufacturer .

baldrik_1

Thank you JJ Egan would I be able to get a refund? My partner is house bound I am her carer so had to replace phone immediately! Should I ask the vendor for a refund even though they say they will help contact the manufacturer?

PCMcGarry

My guess is they'll want it back first to investigate why it's failed.

shaun_from_Africa

You can ask for a refund but ultimately the final decision as whether to refund, repair or replace is down to the seller.
You can state your preference but the retailer is entitled to refuse this request if it is too costly for them compared to one of the other options.

baldrik_1

They have asked for pictures of the phone which I will take and email to them, so should I just let them arrange and help with a manufacturer repair? I thought I could ask for a refund due to the fact it should last a reasonable amount of time?

PCMcGarry

It's their choice.

marliepanda

baldrik_1 wrote: »

They have asked for pictures of the phone which I will take and email to them, so should I just let them arrange and help with a manufacturer repair? I thought I could ask for a refund due to the fact it should last a reasonable amount of time?

You can ask, but after 3 months you have no right to a refund (and indeed if they did refund they could take off 3 months use)

Retailers usually repair first, replace second (loosely, but those then to be the most cost effective options) refund is rarely the first option, and id argue never with phones.

They will probably offer to repair it, or replace if, then you'll have to sell a phone if you wish.

In fact you might be best to see what they offer in your htc and see if you can return your new phone for a refund, but that's also not definite as you've used it.

baldrik_1

I phoned the Citizens Advice consumer helpline and they advised me the contract is between me and the seller not the manufacturer and should ASK them to repair or replace not arrange a manufacturer,s repair under guarantee as it had not lasted for a "reasonable" time!

wealdroam

baldrik_1 wrote: »

I phoned the Citizens Advice consumer helpline and they advised me the contract is between me and the seller not the manufacturer and should ASK them to repair or replace not arrange a manufacturer,s repair under guarantee as it had not lasted for a "reasonable" time!

Yes, that's exactly what JJ Egan said in the first reply on this thread.

Fosterdog

baldrik_1 wrote: »

I phoned the Citizens Advice consumer helpline and they advised me the contract is between me and the seller not the manufacturer and should ASK them to repair or replace not arrange a manufacturer,s repair under guarantee as it had not lasted for a "reasonable" time!

Your contract is with the seller and it is the seller who is responsible but the seller doesn't have to ge the one to do the repair/assessment they are allowed to contract that out. The majority of retailers use the manufacturers as agents for a repair, or at least a manufacturer authorised repair centre. You can insist that the seller deals with the manufacturer on your behalf but cannot insist that they personally carry out a repair.

It is usually much quicker for you to deal with a manufacturer yourself rather than going through the seller and adding several days onto any repair time.