Giffgaff Refurbished Phone Not as described

Dipp99

I've recently bought a Like New Giffgaff refurbished phone.  
After around a month, I realised the screen was damaged - it isn't obviously scratched, so doesn't show when clean, but noticed over time as the marks turned up in the same place as it got less clean.
Their categories would class this as Good, as it has screen damage, and they are happy to refund for it.

My problem, I want to keep the phone as I have sold on my old phone and other than this, it works well. I don't want the hassle of a new phone again.  They don't have stock of the phone I purchased, so can't replace it. 

Am I being reasonable in asking for a partial refund to the Good price, as that is the category of phone I received, not Like New as ordered? 

They don't think so, but can only sell it at that price once I return it

tacpot12

If the damage is so slight as to not be noticable for a month, you should live with it. Legally you are on shaky ground as the classification as "Good" is GiffGaff's own classification, so they get to say what falls into it - it's not like "Good" is an industry term with a recognised meaning to it. I'm not saying you would lose any court case, but GiffGaff would just have to wipe your phone as the pass it to the judge and the damage becomes invisible again. 

For their point of view, they clean the screens first, then inspect them. If they can't see any damage after the screen is cleaned, I think it is reasonable for them to sell it as a "Good" phone. 

Dipp99

Maybe didn't describe it perfectly, the damage is noticeable once the screen isn't completely clean.  It showed up much quicker than a month, just took me a while to realise it is always in the same place, so actual damage.
 
Giffgaff agree this should only have been sold within their good category, not Like New. 

born_again

From GiffGaff on Good condition

Appearance

Screen: Chance of some very light scratches (not visible when the screen is active).Body: Light scratches and possibly some dents or scuffs. No more than 5 deep blemishes. The phone’s performance isn’t affected.Technical:All giffgaff refurbished phones are cleaned and tested (incl. battery, touchscreen, camera, etc...) by our suppliers, to ensure they are in 100% working condition.

Dipp99

Yes thats their description of Good condition, but I bought this phone as Like New, which it isn't.

The condition of the phone is agreed between us as only good, so not as described/purchased.

The problem isn't getting a normal "Not as described" refund - they are offering this and if they weren't it would be a clear case in consumer law.

The problem is that I'd like to keep it, but it isn't as described when purchased.  Is it a reasonable request to expect to pay the price only for the condition phone it is agreed to be?

rach_k

I would say it's a reasonable request but they don't have to agree.  They may want to check it out for themselves (assuming they've not had the chance to inspect the phone themselves yet).  Perhaps they have people trying it on regularly, so have a policy to accept returns only, rather than making partial refunds?  I'd say that would be a reasonable too, so you might not be able to win this one.

Are you able to purchase a similar quality and price phone elsewhere?  That may be your best option.

What is the difference in price between good and like new?  For the hassle of not changing phones again, I'd probably just keep it if it's not a huge amount, but I'd go elsewhere if it was a decent chunk of change.  

neilmcl

You can request it but they don't have to do this.

Emmia

Or, could you get the screen replaced at an iSmash or similar turn up and wait place? That would fix the problem, and not deprive you of the phone for more than an hour or so.

Dipp99

Thanks.  Yes understand people might try it on with them,  but they have clear pictures of the damage and have agreed it doesn't fit the category of phone I purchased.

The difference is around £40 from Like New to Good.    This is the first refurbished phone I've bought & guess I'm feeling a bit stung by them providing a poorer quality one than bought.  At least I know this one works well aside from this and so concerned any other refurbished phone may have problems that aren't immediately evident.

As they are now aware it is only good condition they can only resell it at the reduced price (??) , so why not just sell it to me for that?   Personally I'd have preferred to have received what I paid for and not have this issue.

the_lunatic_is_in_my_head

If the goods do not conform to the contract then the consumer has the right to a repair or replacement.

If it is impossible, disproportionately expressive to repair or replace or the trader is unable to do so within a reasonable time and without significant inconvenience (which could also include refusing to do so) then you have the final right to reject or the right to a price reduction.

In this instance the price reduction would likely be the different between what they sell "like new" for vs "good"

An issue with this should you rock the boat will they claim it's customer damage? Although they could do that anyway if you return the phone for a refund. Should this happen it is taken the goods did not conform within the first 6 months unless it is established otherwise. 

https://www.legislation.gov.uk/ukpga/2015/15/section/24/enacted

Right to price reduction or final right to reject

(1)The right to a price reduction is the right—

(a)to require the trader to reduce by an appropriate amount the price the consumer is required to pay under the contract, or anything else the consumer is required to transfer under the contract, and

5)A consumer who has the right to a price reduction and the final right to reject may only exercise one (not both), and may only do so in one of these situations—

(a)after one repair or one replacement, the goods do not conform to the contract;

(b)because of section 23(3) the consumer can require neither repair nor replacement of the goods; or

(c)the consumer has required the trader to repair or replace the goods, but the trader is in breach of the requirement of section 23(2)(a) to do so within a reasonable time and without significant inconvenience to the consumer.

Dipp99

Thanks, that's really useful. I was looking for something like that to include inconvenience.