OnePlus not abiding by Consumer RIghts Act 2015

themrcox

I purchase a new OnePlus 6 and although I liked it, I kept on having issues making calls with it - half way through the call, I'd stop hearing the other person or they'd start sounding like a robot and then it would work again.

I returned the phone within the first 30 days. Firstly, when I returned it, nothing happened and it was only 3 weeks later when I chased them that they said they were unwilling to accept the return. They then sent a phone showing the phone to be 'dented'. The photo was taken three weeks after I sent the device and I genuinely don't believe I dented it. Secondly, the dent is tiny (from what I can work out, less than 0.2mm deep) and has nothing to do with the device not working.

I have been referred to their terms and conditions and been told that these terms mean that they don't have to accept a return under the following circumstances:

Defects or damages caused by misuse, neglect, physical damage, tampering, incorrect adjustment, normal wear and tear or incorrect installation after purchase.

I'm currently a month on without a phone and without a refund. Any suggestion as to what I can do at this point?

Svein_Forkbeard

themrcox wrote: »

I'm currently a month on without a phone

Why? You surely have your old phone or could borrow/buy a cheapie as a spare.

waamo

They are claiming you dented it. Have you ever dropped it?

DoaM

WHO are you communicating with? The manufacturer or the people you bought it from?

Unless you bought it from the manufacturer then they can apply any reasonable terms they wish to a warranty.

If you're communicating with the seller then within the first 6 months they need to prove that any alleged damaged led to the fault - i.e. they need to prove that the fault is NOT inherent and has been caused by the buyer. A seller's T&Cs cannot override your legal rights per the Consumer Rights Act 2015.

JJ_Egan

Is the seller in the UK ??

themrcox

Apologies for confusion - I do have a spare phone (my old one) and am using that - I'm not without phone, just in limbo regarding this particular issue (ie no phone or money).

I did purchase direct from OnePlus as I thought that would be the best option. I definitely didn't drop the phone and even paid extra for a protective case, which I admit doesn't cover this part of the phone. The dent looks tiny and is the sort of dent you'd expect from it glancing of the corner of a desk or similar.

themrcox

They're international but their head office is in China, I believe - I bought from their UK site. (a bit like buying from Samsung which is South Korean but global)

unholyangel

themrcox wrote: »

They're international but their head office is in China, I believe - I bought from their UK site. (a bit like buying from Samsung which is South Korean but global)

Websites have no physical location. If the company has no UK presence then you did not buy from a UK site.

Unfortunately looking at their website, its bound by the laws of hong kong.

JJ_Egan

themrcox wrote: »

They're international but their head office is in China, I believe - I bought from their UK site. (a bit like buying from Samsung which is South Korean but global)

No its not as Samsung have actual UK business and sales premises .
They are bound to obey CR if they are the vendor .
But Oneplus are not covered by UK consumer law .The warranty will depend upon their terms and conditions .Usual is any damage warranty null and void .

themrcox

Thanks for the response. So, in short, they are not obliged really to do anything under Consumer Rights Act - only abide by their local legislation and anything they choose to add?

DavidFx

From their website (Terms of Sales):

In accordance with the U.K. Consumer Rights Act 2015, any goods that are not (1) of satisfactory quality; (2) fit for their given purpose; or (3) as described, may be returned free of charge within 30 days of delivery. Please submit a ticket describing the problem with your device. In order to be eligible for a refund, you must contact us within 30 days and describe in detail how the goods were defective, damaged, or materially different. We may choose not to accept returns in these circumstances:

• Defects or damages caused by misuse, neglect, physical damage, tampering, incorrect adjustment, normal wear and tear or incorrect installation after purchase.
• Price fluctuations being the sole reason for return.
• Customised customer contracts.

Please clarify - are you trying to return within 30 days for a refund or return under warranty for a repair?