# Vodafones Policy on Faulty Goods....A must Read



## zen (14 Oct 2010)

Folks

You may need to read this, not just for Vodafone, but for other purchases...

***ALWAYS ASK FOR A COPY OF THEIR POLICY ON FAULTY GOODS *BEFORE* PURCHASING.  TRUST ME...THIS SHOULD BE DONE AUTOMATICALLY***

Have any of you ever been unfortunate enough to purchase a faulty phone from Vodafone?  Well before you go go down that road, know this.

Vodafone's Policy (unwritten and undisclosed at the time of purchase)

Although not written in the window (No Refunds/No Credit Notes/No Replacements, just Repairs) This is ACTUALLY their policy.  

My story...

I purchased a phone from a Vodafone Store on Henry street that turned out to be faulty (kept freezing and turning off). 1 weeks later I brought it back to the Jervis St Kiosk and asked for a credit note or a replacement (not even a refund). They point blank refused a refund/credit note or a replacement.  I said I will add an additional 100euros to buy a more expensive phone, they still said no!! This made no commercial sense whatsoever. They acknowledged it was fault too! 

Instead, they said I was only entitled to a repair. While a repair was being carried out, I was not entitled to a loan as I was a pay as you go customer. If the phone cannot be repaired after 3 times (6 JOURNNEYS FOR YOU) they will only give a replacement *AND *only if I had the original box it came in! If you dont have the box, you get nothing. gone are the days when all you need is the receipt.

This hardcore policy was never explained to me at the time of purchase and I believe it to be in breech of customer statutory law. The store manageress said she had no authority to give me a refund/credit note (meaning in my opinion she is not a manager rather she is floor staff), she was un-contactable during my second visit there. When trying to ring the Kiosk the phone would ring out 15 times (found out its broken..).  After the second attempt for them to repair it and me going in and out of town like a yo yo I now have a phone that just vibrates when you turn it on. (yeah, you have to laugh). It just constantly vibrates. You have to take out the battery to stop it.

I have been emailing Vodafones customercare which takes a day or so for a reply and is always someone different. I have also sent in a report to the Ombudsman.

Can anyone advise why Vodafone are so hardcore with the dictation with the form of redress of customers statutory rights even though they have acknowledged that the phone is faulty?  Their engineers failed to fix it 1st and 2nd time round.

I know I can take a case with the small claims court but I'd rather employ a few kids with lots of flyers to stand outside vodafone and distribute a copy of their ill informed customers of their hardcore policy of faulty goods.

p.s. The model of the phone is a Nokia C5.  Check the Nokia website.  This is a faulty phone, all users on their forum are kicking up because it intermittently turns off/reboots and freezes.  Mine started off like this and now after they "fixed" it, it vibrates.


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## Thirsty (14 Oct 2010)

Vodafone can't rewrite the law.  

If an item is not fit for purpose (i.e. making phone calls) then they must sort the problem out.

Sale of Goods and Supply of Services Act, 1980.

also

[broken link removed]


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## Marietta (14 Oct 2010)

Well said Thirsty


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## AlbacoreA (14 Oct 2010)

What thirsty says is the correct route, but as an aside you probably find the Manufacturer also will fix the phone under warranty.


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## Towger (14 Oct 2010)

Can we assume you added your post to the 113 pages of treads, mainly consisting of complaints on the Vodafone forum on Boards?


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## roker (15 Oct 2010)

Carephone Warehouse are the same, we had 4 failure on our moible phone after 1 exchange and 3 repairs. When I took them to the small claims court they admitted that there was a known fault with the phone and refunded just before their summons date, after months of giving us the run around. These shops a breaking the consumer laws and getting away with it.


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## zen (18 Oct 2010)

Tx for all that replied..

roker,
What model phone was it, mine was a Nokia C5
What can one do?  I have submitted an online claim to the small claims court.  Do we escalate this to the circuit courts or do they just continue to break the law and settle before you know what hits the fan...  Who regulates this industry? 

I was told by Vodafone that the policy is written on the back of the receipt.  Which it is, however, I pointed out that you only get the terms and conditions (which is only a blurb) when you have purchased your goods so you are not informed before the purchase.  i.e. you need to make a purchase in order to see what their policy (blub) is on faulty or returned goods...

If I was to insert all the baloney that they has exchanged between vodafones customerIdontcare support you would fall off your chair.  A phone that costs 150 (probably only cost them 20)....  This is also a known faulty phone by nokia


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## pixiebean22 (18 Oct 2010)

I too bought a phone with Vodafone around this time last year.  After two weeks it just turned itself off one night (alarm never went off, late for work, disaster!) and wouldn't come back on.  Went into Vodafone on Grafton Street much the same as the OP, demanded a replacement, no, only repair so they sent it off.  About 2 weeks later (I was entitled to a loan phone as I was bill pay) I got the call to say my phone was back in, went into the shop and they told me that it was irrepairable due to water damage.  The phone had never even come near any water, the girl in the shop told me "very sweaty hands" could cause this to happen also.  So I was stuck in a contract with Vodafone with no phone so I had to shell out more money for a new phone and Vodafone basically walked away very happy with themselves.


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## Towger (18 Oct 2010)

"Water Damage", the oldest excuse in the book.


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## Kerrylady (18 Oct 2010)

I bought a phone from Vodafone around 6 months ago - a Samsung H1. From day one the phone didn't work. I couldn't make or receive a single call rendering it absolutely useless!! I brought the phone back in almost immediately and I was told maybe it was a problem with the sim card! A girl in the Grafton street shop gave me a new sim and ensured me she had transferred all my data - she hadn't and I lost every single number! Sorry to go off the issue a little but I waited 45 minutes for this "privillege". 

Much to my surprise the new SIM didn't work at all!! I brought the phone back the next day - waited another 40 minutes to be seen and I was told the phone had to be sent away for testing!! I asked them how long it would take - 10 working days minimum! When I had been in the previous day the girl told me that if the new SIM didn't work then the phone would have to be sent back for testing. She also said I would get a replacement phone while mine was being fixed! I was not given a phone - instead I got a shrug of a shoulder and was told Vodafone do not give replacement phones.  I was very angry at this as I dont have any spare phone. I always trade in my old phone when getting a new one! The man I was dealing with couldn't have cared less - ignorant and very unhelpful. 

Anyways I rang the shop 10 working days later and I was told the phone would be back the next morning. I waited until after work the next day to go up to collect it. I waited over half an hour to be told that the phone wasn't back yet!  I rang in advance with my reference number so I wouldn't have to waste any more time queuing and this happens! I didn't even get an apology for this! 

I rang them one week later and I was kept on the line for over 20 minutes while they tried to locate my phone in the shop! I eventually got to collect it that evening...after you guessed...waiting 40 minutes in the queue. I got no apology...nothing!  The customer service was so appauling I sent an e-mail of complaint, a letter of complaint and I rang their customer service line. I got a response on each but none were satisfactory. I think Vodafone have a very bad practise when it comes to faulty phones. They give the customer no come back whatsoever....if it is faulty the only option you have is repair.  The sale of goods and supply of services act states a customer is entitled to repair, refund or replacement. The choice should be the custmers. When I am upgrading my phone again I'm going to move from Vodafone completely. My phone is still faulty but at this stage I'd rather put up with it then have so much of my time wasted again!!


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## NOAH (18 Oct 2010)

well one good thing by posting you have probably put quite a few people off buying anything from VF ever again and if their MD or CEO reads this they will know why !!  I was going to switch to VF and get all my relatives as well to get free calls etc but not now.


naoh


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## zen (19 Oct 2010)

Its all about creating public awareness.  

Good news travels fast BAD NEWS TRAVELS TEN TIMES FASTER.... And I for one dont intend on ceasing informing people of what Vodafone did/do.

I'll update this thread when I get feedback from the SmallClaimsCourt.

I'm not looking for my 150euros, they can keep that if they are that strapped for cash.  I'm looking for Vodafone and all other providers to give their customers a copy or at least publically display their policy on faulty goods.  As I said, signs may not be displayed (as it is illegal) "No Refunds/Credit Notes" or Replacment but does the act imply that it is not permissalbe to display the signs but you are actually allowed to do it in practice...!!!


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## roker (27 Oct 2010)

If you take them to the Small Claims Court, don't forget to claim your insurance back also, if you took it out.


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## zen (29 Oct 2010)

*****************************************************************
*****************************************************************
*RED ALERT.  READ THIS RESPONSE FROM THE SMALL CLAIMS COURT!!!!  CONSUMERS DONT HAVE A LEG TO STAND ON. MY CLAIM WAS REJECTED!!!*
*****************************************************************
*****************************************************************
RE: **** -V- VODAFONE 
Dear MR. ****
Thank you for your Small Claims Application. Unfortunately this application as framed does not fall under the Small Claims Procedure Rules and cannot be accepted.
We would ask that you refer to our publication "A Guide to Small Claims" for further details of the Small Claims Procedure Rules.
The following link LINK REMOVED will take you to there, from where you can print or download this document.
Alternatively you may contact the Small Claims Registrar by telephone/email on 01 8886000 , SMALL CLAIMS OFFICE , SMALLCLAIMSDMD@COURTS.IE
Please see comments below from the Small Claims Registrar, 
your claim is being rejected as you do not appear to have the correct legal entity/title for the respondent and this could affect your claim at a later stage. If you ring the companies registration office on 8045200 they will be able to give you the information required. the EUR15 fee paid for this claim has been refunded to your bank a/c.
Regards,
Small Claims Registrar
DUBLIN METROPOLITAN DISTRICT COURT


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## Towger (29 Oct 2010)

That is because you did not use their correct name :




> If you ring the companies registration office on 8045200 they will be able to give you the information required.


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## zen (29 Oct 2010)

Hi Towger
Tx for the reply. I seen that in all fairness.  However, if you go to the CRO website there is no listing for the business or company name of Vodaone specific to Henry St.  

Listed on Vodafones website is an entry for this store as Vodafone Retail 51 Henry St.  whats to stop that info from being incorrect.  They could be trading as 123banana.com at the CRO

They are making it impossible at every hurdle but I aint giving up by a long shot.  Each and everytime I get knocked down I get straight back up on my own two feet even more and more determined.

p.s. I bought a new phone in the carphonewarehouse on O2. They have a copy of their fautly or change of mind policy on public display but you have to ask for it, you could easily miss it.  ALWAYS ASK FOR THIS NO MATTER WHAT YOU ARE PURCHASING.


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## roker (30 Oct 2010)

Whatever is on the receipt is who you have the contract with.
Carphone Warehouse cannot override the legal requirements with their display note


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## zen (23 Nov 2010)

********RESULT....*******

I WON THE CASE !!!!!!!!!!!!!

MY NAME V *VODAFONE IRELAND LTD (Not listed on the CRO website...)*

All I get though is my money back - less 15 euros fee + all the time and effort runing around in and out of town, loss of lunch breaks, tons of emails all the heart ache/stress  and now I have to pay to post the faulty phone to them...  Its the best I think I can get from the small claims court.  I could take it to the civil courts but what could I get?

So after 2 moths of Vodafones shinadigins.  You all now know what their policy is.  You need to take them to court for your money back.  Otherwise you are just entiled to a repair.

I will *NEVER* go near these (strong words) again.

**************SPREAD THE WORD**************


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## feltox (23 Nov 2010)

I also had trouble with Vodafone earlier this year in same shop but what strikes me is  The store manageress their in jervis street centre, I wonder is she the same female i dealt with.

I found her extremely  difficult to deal with. I provided loads of ID information to buy a mobile broadband stick and she would not accept that my ID was valid. She wasted my time as i went away and came back with ID she asked for.

She refused to sell me product on billpay so I went to vodafone down to shop at end of Henry street- No problem here with same ID(even asked for less ID than i provided her)

I would never shop their again.


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## Crugers (23 Nov 2010)

zen said:


> *...*and now I have to pay to post the faulty phone to them...


 
After all the 'fun' you have had, just inform them that you don't have a returns policy and that the phone can be collected(by them) at a mutually agreed time and place! Then you set the time and place!


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## zen (14 Jan 2011)

LOL, the saga continues.  I sent the phone back to them before the new year for my "settlement".  I never heard anything back.  I contact the small claims again to say I never received my settlement.  It wasn't sent registered. I spent enough time and money on this.  I know they might say they never received which means either one of a few things, An Post are neglegent or thieves, or I'm lying or they are lying.  Either way they have a duty to settle this as its their fault.

I am now taking them to court.  Sheduled for September,,....


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