Consumer Rights with THIS Amazon Purchase:

mike_302

I'm looking at this particular phone: Realme 7 Pro Mirror Blue, 6.4” AMOLED Full Screen Display, Quad Camera, 4500mAh Battery with 65W Dart Charge, Sim Free Smartphone, Dual Sim, UK Plug: Amazon.co.uk: Electronics
I've read all there is to read about Section 75 rights. I know that things get grey when using Amazon to purchase.
In the photos associated with that product (scroll through them in the amazon link), there's a clear statement about a 3 year warranty. Indeed, if I check the phone manufacturer's UK website, they offer a 3-year warranty on that phone. It's not incredibly clear that's the case in the Amazon link, other than in the one photo.
I'm just trying to understand my Consumer Rights if I make the purchase from that Amazon link (I believe it's directly sold and dispatched by Amazon).
Here's the test question: If I have to send the phone back for some warranty reason in 2.5 years (it'd be a manufacturer warranty, so I undertand I have to send it to the manufacturer's UK service centre), and it comes back not working or in worse condition, or it doesn't come back --- am I still covered by any consumer protections? By Section 75?

Aylesbury_Duck

Warranty is different to consumer rights. After 2.5 years you would find it hard to get much from consumer rights, so it would depend on what the warranty provides at that point.

MattMattMattUK

mike_302 said:

I've read all there is to read about Section 75 rights. I know that things get grey when using Amazon to purchase.

Your S75 rights do not change, however Amazon has a right to refuse to deal with you should you issue a chargeback or S75 claim against them.

mike_302 said:

In the photos associated with that product (scroll through them in the amazon link), there's a clear statement about a 3 year warranty. Indeed, if I check the phone manufacturer's UK website, they offer a 3-year warranty on that phone. It's not incredibly clear that's the case in the Amazon link, other than in the one photo.

The warranty is offered by the manufacturer, your consumer rights exist with Amazon, they are two different things.

mike_302 said:

Consumer Rights if I make the purchase from that Amazon link (I believe it's directly sold and dispatched by Amazon).

If you buy it from Amazon then your consumer rights are with Amazon.

mike_302 said:

Here's the test question: If I have to send the phone back for some warranty reason in 2.5 years (it'd be a manufacturer warranty, so I undertand I have to send it to the manufacturer's UK service centre), and it comes back not working or in worse condition, or it doesn't come back --- am I still covered by any consumer protections? By Section 75?

No.

Carrot007

I would be expecting to bin such a low end phone way before that.

Anyway.

They can ask you to pay to send it to china if that's the terms. Many are, this effectively means there is no warranty on such items. However you would have to read the terms to find out what they are.

No, once you use the warranty you effectively give up consumer rights. It's a lot more complicated than that but a warrenty breaking or losing your phone is in no way covered under consumer rights, why would it be? (and for such a cheap phone I would expect maybe a tenner back would be fair after 3 years anyway (I refer to my first point)).

the_lunatic_is_in_my_head

Out of interest if OP took out Amazon's buy now and pay over 5 months offer is that classed as finance with S75 cover? 

mike_302

Carrot007 said:

I would be expecting to bin such a low end phone way before that.

@Carrot007 Low End? It's low price, but it's one of these very high spec phones from China and India that are just done at very low margins -- originally made and marketed to the developing world, but with the same components as the mainstream players.

@Aylesbury_Duck, @MattMattMattUK:
So I have recently successfully "charge backed"* a laptop manufacturer from whom I bought my laptop, because they simply went off grid when I asked them for warranty support within the first year. I obtained the full laptop cost back after 45 days, because the (major) laptop manufacturer didn't even respond to my bank's credit card team (it was the credit card team that chose to proceed with a Charge back instead of Section 75). Had I purchased an extended laptop warranty for up to 2 years, I would've expected to be able to complete a charge back* claim for that entire duration; incorrect? Whether or not that extended warranty assumption is correct, my experience with the laptop case (making a claim of the manufacturer failing to provide warranty service, or providing objectively and extremely bad service within the manufacturer warranty period) is what made me think I would have similar protection with this phone purchase.
*I recognise that a chargeback is different from a Section 75. My original post was asking about general consumer rights though -- so I'm just trying to understand what I might fall back on, if the company's UK entity ends up being incredibly abysmal at warranty service, to the point where the product is unusable or no longer in my possession.

Aylesbury_Duck

mike_302 said:

Carrot007 said:

I would be expecting to bin such a low end phone way before that.

@Carrot007 Low End? It's low price, but it's one of these very high spec phones from China and India that are just done at very low margins -- originally made and marketed to the developing world, but with the same components as the mainstream players.

@Aylesbury_Duck, @MattMattMattUK:
So I have recently successfully "charge backed"* a laptop manufacturer from whom I bought my laptop, because they simply went off grid when I asked them for warranty support within the first year. I obtained the full laptop cost back after 45 days, because the (major) laptop manufacturer didn't even respond to my bank's credit card team (it was the credit card team that chose to proceed with a Charge back instead of Section 75). Had I purchased an extended laptop warranty for up to 2 years, I would've expected to be able to complete a charge back* claim for that entire duration; incorrect? Whether or not that extended warranty assumption is correct, my experience with the laptop case (making a claim of the manufacturer failing to provide warranty service, or providing objectively and extremely bad service within the manufacturer warranty period) is what made me think I would have similar protection with this phone purchase.
*I recognise that a chargeback is different from a Section 75. My original post was asking about general consumer rights though -- so I'm just trying to understand what I might fall back on, if the company's UK entity ends up being incredibly abysmal at warranty service, to the point where the product is unusable or no longer in my possession.

Incorrect I think, yes.  

You do have consumer rights after 2.5 years (your query), but they are going to be difficult to exercise.  You'd have to get a report to show the item is faulty and even then, the retailer would only be obliged to offer you a repair, a replacement or a refund, the latter two of which can take into account use to date.

Carrot007

mike_302 said:

Carrot007 said:

I would be expecting to bin such a low end phone way before that.

@Carrot007 Low End? It's low price, but it's one of these very high spec phones from China and India that are just done at very low margins -- originally made and marketed to the developing world, but with the same components as the mainstream players.

OK, low quality if you prefer then. And yes therse phones are, they are in no way the same build quality or componants (yes some will be, but the casing and overall quality is not) as a decent phone. (and yes high price does not always reflect quality, but low price does set a low bar which would be impossible to go above).

To be fair I would be expecting to upgrade any phone after 2 years, should I go for seomthing like that I would be happy with 6 months.

These phones are often better than you would expect. Certainly better than the same price buys in a UK budget model. But nothing like a flagship model. It would be unreasonable to expect them to last like one. This is why I say a consumer rights refund of a tenner after 2.5 years would be good. Of course the warranty might do you better, but at that price point I expect the terms basically mean there is not one for some reason (and of course you pay return postage, which will not be cheap even in the uk (and maybe even both ways if that is what they stipulate)).