Dodgy phone - what are my rights

D

djgorman23

Guest
Hi,

I bought a mobile phone 1 month ago and it has developed software problems - it crashes when using certain functions.
Am i entitled to a full exchange or do i have to accept a repair???

Title edited by ClubMan.
 
Re: please advise on my rights

Hi Djgorman23

One month is a very short time. Products sold should be merchantable (free from major defect) under the Sale of Goods and Supply of Services Act 1980. You are entitled to a replacement or refund.

If you decide to accept a repair, make sure that you state (and get it in writing) that you are reserviing your rights to a full refund if you are not happy with the repair.

(I presume that the software was provided by the phone supplier)

Marion :hat
 
Re: please advise on my rights

Check these sites for information about consumer rights:
<!--EZCODE LIST START--><ul><li></li><li>[broken link removed]</li><li></li></ul><!--EZCODE LIST END-->
 
Re: please advise on my rights

Have you tried doing a factory reset/restore default settings of the phone to bring it back to its out-of-box state? Just save your address book to your SIM before doing so.

If you can't find instructions on how to do this let us know what phone you have and we might be able to help.
 
thanks

thanks fatherdougalmaguire. I didnt think of doing a factory reset. Any idea how this is done (nokia 3220)?? I have all my numbers backed up via usb cable.

thanks in advance
 
re: software

Hi Marion,

when i refer to the software I mean the default software that came with the phone. The phone regularly crashes when displaying video clips and images. I have tried deleting these to no avail. I will investigate removing the battery and returning to the default phone settings as suggested elsewhere in the thread.

thanks
D
 
Re: thanks

All I can find at the moment is a partial factory reset which you do by going Menu/Settings/Restore factory settings.

My bro works in an o2 shop so'll ask him if he knows about doing a proper reset.

Watch this space.
 
Re: thanks

Update:
sent the phone (1 month old) to vodafone for repair. It was returned from the service centre after being repaired and the problem was absolutely worse. now the phone crashes as soon as it is switched on. I demonstrated this to the sales guy who agreed it was worse. The engineers report from the vodafone repair center says "replaced crystal, firmware etc" and "phone tested to spec". OBVIOUSLY vodafone did not test this phone if it crashes soon after switching on.

I agreed to have it sent back and told them that if it is not fixed then i want a replacement, which was agreed. my query is - should have i been tougher and demanded an on the spot replacement? I have been given a replacement phone (brick) for over a week now. Should i accept a repair???


D
 
Re: Dodgy phone - you have right on your side

Hi djgorman23

You have really been too nice!

Tell them that if the phone isn't back within one working day, that you will exercise your consumer rights to your money back or a new replacement phone at your discretion.

What is the point of buying a new phone if you can't have the benefit of using it? The fact that they gave you a briquette as a temporary replacement beggars belief.

Marion :hat
 
Re: Dodgy phone - you have right on your side

I had similiar problems with a nokia phone and instead of going to Vodafone which are always the same. I went to the Nokia service center (Patricks Quay, Cork) they couldnt fix it there (or it would have been done is a few hours) but sent it to dublin. 3 days later they called me and it was as good as new.

I hadnt reestired the phone or else it was out of warrenty, so I got no replacement (i dcould have gotten one with a deposite)

Anyhow....
they were great, friendly and not at all like a Moblie service provider.
Who rigidly stick to a 1 month refund policy saying tat your gripe is with the manufacturer but not them. And even though this goes against you "Rights" they seem to get away with it all the time. 200euro phone 1 month comeback, but electronic shops can offer a 2 year comeback policy on a DVD player.

Thumbs up Nokia shop

Boo's ans hisses Vodafone O2 and that other crowd that use O2's network.
 
Re: Dodgy phone - you have right on your side

And even though this goes against you "Rights" they seem to get away with it all the time
Click to expand...

They'll get away with it for as long as people don't exercise their right to take a case to the Small Claims Court. See [broken link removed]
 
Re: Dodgy phone - you have right on your side

I eventually got my phone returned from vodafone after lots of hassling them. The phone is working fine now so I'm happy for the time being. They were nice in the end but fustrating to deal with....

10 phone calls to the shop before they would answer!!!
 
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