Getting a refund from CPW

[[TW]Fox]

It not being fit for purpose is best option

No it's not, because thats not what 'Fit for Purpose' means in the context of the Sale of Goods Act. If you wanted to argue that the phone doesn't function correctly, ie there is a fault with it, you'd argue that it is not of merchantable quality not that it isn't fit for purpose.

Fit for Purpose is a specific term with specific meaning and it doesn't mean free from defects. Fit for Purpose is about whether the product does what the shop said it would - for example if I asked for a laptop that browsed the internet and the shop sold me a VTECH with no connectivity that would be 'not for for purpose'. If they sold me a Google Chromebook that wouldnt switch on or overheated then that would be not of merchantable quality.

 

[413x]

No it's not, because thats not what 'Fit for Purpose' means in the context of the Sale of Goods Act. If you wanted to argue that the phone doesn't function correctly, ie there is a fault with it, you'd argue that it is not of merchantable quality not that it isn't fit for purpose.

Fit for Purpose is a specific term with specific meaning and it doesn't mean free from defects. Fit for Purpose is about whether the product does what the shop said it would - for example if I asked for a laptop that browsed the internet and the shop sold me a VTECH with no connectivity that would be 'not for for purpose'. If they sold me a Google Chromebook that wouldnt switch on or overheated then that would be not of merchantable quality.

I agree but I don't see any real other outcome in regards to what the op wants apart from actual sabotage

 

[Arthur Hucksake]

It's not like that at all, is it? The phone functions correctly but just has fairly rubbishy battery life. It isn't faulty. Another phone won't fix it. Thats how they are. This is apparent in every review or any amount of prepurchase research you might do before deciding to buy it.

If he was justified in getting a refund based on how it currently performs then why would he need to embelish his story or 'go in when teenagers who are not working won't test it'?

If he was concerned about whether the phone would suit his needs and wanted the opportunity to test whether it did before deciding to keep it then the Distance Selling Regulations associated with an online purchase would have offered this. He chose not to do this - presumably he wanted the phone immediatly - and bought it from a store instead.



It's not a £400 hit though is it? He's got a £400 phone. He's not lost all his money. He could sell a brand new boxed handset on quite easily for not a huge loss.

Not being satisfied with a product is grounds for a refund, or use to be.

I don't know why software and phones in particular get a free pass.

If you buy a domestic appliance, car and even a TV that doesn't perform to your expectation.... you can return it without any question.

So many do'gooders frequent these forums, same bunch who wouldn't bat an eyelid at cheating on their other halfs but will defend Carphone Warehouse who would sell old Doris a 64 GB iPhone 5S when all she wanted was a Doro.

If it went to court, not a jury in existence would convict someone for fraud because they fibbed about why they didn't want a phone.

They would bend truths to get a sale out of you, and that is perfectly fine.

I took back an Xperia Z1 because the phone had an overly yellow tint. Some would say it was within the boundaries of acceptable, to me I would consider it a fault even if it was just part of the manufacturing process.

 

[tom_e]

If you buy a domestic appliance, car and even a TV that doesn't perform to your expectation.... you can return it without any question.

No you can't unless it's not performing correctly because of a fault.

 

[insane200]

I would hardly call it fraud... Its battery doesn't last as long as other nexus 5s. I'm hoping they will be busy on Saturday and the 18 year old Saturday stuff will take my word for it rather than turn it on and wait for it to become apparent. I would buy a higher capacity battery but unfortunately I don't think there is any. Is there a background system app that I could run in the background that would sap the processor before I go in?

Lol, contradict much.

 

[[TW]Fox]

Not being satisfied with a product is grounds for a refund, or use to be.

I don't know why software and phones in particular get a free pass.

If you buy a domestic appliance, car and even a TV that doesn't perform to your expectation.... you can return it without any question..

This is complete rubbish.

 

[stoofa]

Not being satisfied with a product is grounds for a refund, or use to be.

Not quite sure where you got that idea from. When buying in a shop you actually have no rights to a refund unless the item is not as described or seriously faulty. Even if faulty you are supposed to give them the opportunity to repair.
Buyers remorse or "I don't like this now" is certainly NOT grounds for a refund.

I don't know why software and phones in particular get a free pass.

Because with software you agree to the license before installation - you have every opportunity to read it before clicking "install".
Phones are like all other items - you are not entitled to a refund if you don't like it.

If you buy a domestic appliance, car and even a TV that doesn't perform to your expectation.... you can return it without any question.

No. So long as it performs as per the specification of the item then youy cannot return it. There is no subjective here. Just because you're not satisfied with something does not mean you get an automatic refund.

So many do'gooders frequent these forums, same bunch who wouldn't bat an eyelid at cheating on their other halfs but will defend Carphone Warehouse who would sell old Doris a 64 GB iPhone 5S when all she wanted was a Doro.

Never heard of CPW over-selling devices to old people. Pretty sure this would have made national news. Source?
Not about being a "do'gooder" - simply about having morals. So difficult to understand?

If it went to court, not a jury in existence would convict someone for fraud because they fibbed about why they didn't want a phone.

You so sure about that? Standing in front of a court and saying "Very basically I didn't want the device any more, so I lied about faults to get a refund"
It would have course not get to court. But in your theoretical world I cannot see why they wouldn't - open/closed case

They would bend truths to get a sale out of you, and that is perfectly fine.

No. If I bought a phone off the back of being told it would increase my sexual prowess and get me a promotion at work and it failed to do either, then I would be taking the item back for a refund.
If they told me my new Nexus 5 had 64GB of storage, then I'd be taking it back.
If they don't lie to me when I make the purchase I've really got no rights to a refund.

I took back an Xperia Z1 because the phone had an overly yellow tint. Some would say it was within the boundaries of acceptable, to me I would consider it a fault even if it was just part of the manufacturing process.

Was the item described as "Now comes with a yellow tint"?
No. Then it was faulty and you were able to get a refund. If you'd just not liked it then no, you wouldn't have been able to have one.

 

[killianzz]

If you think returning a product that has failed to live up to the advertised specification is that immoral then I don't understand how you can get through life. It is much less immoral than all those mp3s you have illegally downloaded if you want to get technical.

I am not trying to defraud cpw or exploit them, like they do to every clueless customer when they pressure them into signing up for £12/month insurance at POS.

 

[tom_e]

If you think returning a product that has failed to live up to the advertised specification is that immoral then I don't understand how you can get through life. It is much less immoral than all those mp3s you have illegally downloaded if you want to get technical.

I am not trying to defraud cpw or exploit them, like they do to every clueless customer when they pressure them into signing up for £12/month insurance at POS.

Which advertised spec are you referring to?
They only give talktime and standby battery life estimates, so unless you've either spent the whole time on the phone or just left it sat doing absolutely nothing then you can't really compare it to the specified battery life.

 

[Rabtech]

Did you change the location to battery saving (ie switches off the GPS) and turn off NFC? With moderate use on my CPW bought Nexus 5 I can get around 2+ days battery life. Leave the above on and your battery life will be poor.

 

[Resident]

Did you change the location to battery saving (ie switches off the GPS) and turn off NFC? With moderate use on my CPW bought Nexus 5 I can get around 2+ days battery life. Leave the above on and your battery life will be poor.

I don't have an issue with my battery life either but I've only got location set to Battery saving. NFC is still on.

I generally leave the house at 7:30am, often not returning till 7pm, having used the phone under normal usage and the battery is usually north of 30% left.

I drop it on the dock when I go to bed and it's charged again by the time I wake.