Mobile phone from ASDA

Oldman

Question for all you legal experts out there, and maybe a heads up warning on purchasing almost any electrical item from Asda. According to them, once the box is opened, they do not accept responsibility.
I bought a 'burner' phone from ASDA, you know a cheap and cheerful no smarts, just a phone. This was for my grandson so he could call from school if he needed a lift, help etc. No smart phones allowed.
Four months later it has packed up. Dead, deceased, an ex phone.
Went back to Asda, told that mobile phones are not replaceable as once the packet is opened, I have to go back to the manufacturer/supplier. I said they were the supplier, and was told not in the case of mobile phones, or most electrical. I tried asking about the sale of goods, consumer rights etc, Apparently this does not, according to the manager, apply to mobile phones. They will, if it breaks within 28 days, as goodwill, replace it. But four months? no way, not us, sorry sir, do you want to buy another? I mumbled something under my breath and politely said no way.
So is this right? Mobile phones are not covered by any consumer rights when purchasing from a shop? Does this apply if bought from a phone shop? I have dug around that paragon of virtue, Google, but cannot find any clear understanding. Any help out there? I know it was only about £15 or so, but even so, itis faulty and I did buy it from Asda.
Thanks for any help or advice ( even 'dont buy another one from Asda')

Jon_01

Asda are talking complete rubbish.

Take it back, if they still say that ask for their managers name, their registered office address and then call your local trading standards office. They'll sort them out.

Oldman

That sounds exciting. it was the under manager I spoke to, and she spoke to their manager on her phone. I will give it one more try. Certainly not worth packaging the whole thing up and sending it off.

Kernow666

have a read of this


http://www.moneysavingexpert.com/shopping/consumer-rights-refunds-exchange

macman

You are entitled to a replacement, repair or refund under SOGA-it's up to ASDA which they give you. If a repair, it'll go back to the manufacturer or their repair agent anyway. The manufacturer's warranty will cover it for at least 12m, but if you go direct you will have to pay the postage.
With a £15 phone you will be better off getting refund or a replacement obviously.
Can't believe someone can get to Asst Manager level in a large supermarket without the most basic knowledge of consumer law.
The only exception to this will be if the battery has simply failed, as this won't be covered by the warranty, as it's a consumable.

diamonds

Barista or bar work need licences, its still unbelievable retail employees dont need Consumer Protection training

Farway

You could try Asda home page, contact us and ask the same question, name the store, then when they reply print off and take it to store

Could save going round in verbal circles at store

Or post it on Facebook?

Oldman

Thanks for the help and advice. I contacted Trading Standards, now Consumer Advice, and had a lot of advice, all amounting to Asda store giving incorrect information and possibly by denying my consumer rights, this diminishes my rights and is illegal. Interesting. But I had already rung Asda Head Office, and they were just a tad horrified, the lady I spoke to rang Canford Heath store, spoke to their manager, and came back to me telling me to take the offending phone back and the store would replace it. Which I did and they have. Now why didn't they do that to start with? So good result and
me 1 Asda 0
Thanks all

Oldman

oh one note, on the Asda page there is a customer help line number 0844 3069160. This routed to help line in South Africa, the guy there had no idea of consumer law, plus I could only hear one word in three. Terrible line and lousy advice. 01138261266 is the number for a result.

Ian011

Oldman wrote: »

On the Asda page there is a customer help line number 0844 3069160.

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 were published by BIS on 13 December 2013 and came into effect on 13 June 2014.

Regulation 41 requires retailers, traders and passenger transport companies to use 'basic rate' numbers starting 01, 02, 03 or 080 for contact by existing customers.
http://legislation.gov.uk/uksi/2013/3134/regulation/41/made

In the event of non-compliance, Regulation 41(2) gives callers the right to a refund of any excess call costs incurred over and above whatever an equivalent call to an 01, 02 or 03 number would have cost.

Breaches of the regulations can be reported to Trading Standards via the Citizen's Advice national Consumer Helpline on 0345 404 0506.

diamonds

Oldman wrote: »

Thanks for the help and advice. I contacted Trading Standards, now Consumer Advice, and had a lot of advice, all amounting to Asda store giving incorrect information and possibly by denying my consumer rights, this diminishes my rights and is illegal. Interesting. But I had already rung Asda Head Office, and they were just a tad horrified, the lady I spoke to rang Canford Heath store, spoke to their manager, and came back to me telling me to take the offending phone back and the store would replace it. Which I did and they have. Now why didn't they do that to start with? So good result and
me 1 Asda 0
Thanks all

Ex retail manager here many years ago, returns come out store sales and profit, managers dislike such, as do Head Offices.