Exchange/refund policy

semi-pro waster said:
The phone has been purchased from a secondhand/exchange type place so while the SoGA still applies the manufacturers warranty of 12 months may already have been exhausted - the SoGA also stipulates that the product should be fit for purpose and for a reasonable period of time, it is open to interpretation how long that period is.
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where does he say that he bought it 2nd hand ?
 
Rotty said:
where does he say that he bought it 2nd hand ?
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Afaik they don't sell new items, I could be wrong though as I've never set foot inside one

Description of products

All products are second hand unless stated.

Each product purchased is sold subject to its product description which sets out additional specific conditions related to that product including, without limitation, terms and conditions concerning estimated delivery dates and times, warranties, after-sales service and guarantees.

Please note, however, that all product descriptions and images are for display purposes only and do not represent the finished product. Any accessories listed will be for Grade A items only, and are not included on Grade B, Grade C, Discounted, or Budget items.

We will take all reasonable care to ensure that all details, descriptions and prices of products appearing on the website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the website as up to date as possible, the information including product descriptions appearing on this website at a particular time may not always reflect the position exactly at the moment you place an order. We cannot confirm the price of a product until your order is accepted in accordance with our order acceptance policy.
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Just saw this on their website

*** offers a twelve [12] month warranty on all items except consumables. The *** twelve [12] month warranty does not cover physical damage, water damage, or any damage caused by unlocking a mobile phone, and only covers software faults arising in the course of normal use. For further details on the conditions of the warranty, please contcat us at [email protected] .

Defective merchandise will be fully tested to verify the fault. Should an item not be found to be defective it will be dispatched back to you, however should an item be found to be defective we will first seek to repair the item; if no repair can be made, we will seek a replacement item. If no replacement can be issued, a refund will be given. Repairs can take up to 28 working days.

Please note: Our refunds and returns policy may be restricted against titles that are exclusively for online play.

Please note that we cannot accept refunds or returns if you deliver them to us by hand, and as such refunds and returns can also not be carried out in *** stores.
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Rotty said:
where does he say that he bought it 2nd hand ?
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It's because of the store that I'm assuming it is secondhand, they are an exchange place and they don't tend to sell new products - taken directly from their website "All products are second hand unless stated.". However on looking elsewhere on the website they do state a 12 month warranty for any items sold but with certain conditions so physical damage is not included and anything relating to the unlocking of mobile phones etc is not covered - they may be trying to imply that that is the case here. In which case you are back to the SoGA and what it offers in terms of implied warranty I suppose.
 
semi-pro waster said:
It's because of the store that I'm assuming it is secondhand, they are an exchange place and they don't tend to sell new products - taken directly from their website "All products are second hand unless stated.". However on looking elsewhere on the website they do state a 12 month warranty for any items sold but with certain conditions so physical damage is not included and anything relating to the unlocking of mobile phones etc is not covered - they may be trying to imply that that is the case here. In which case you are back to the SoGA and what it offers in terms of implied warranty I suppose.
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I must have missed something, the OP makes no mention of where he bought it from

I can see there has been an edit but there was no mention of it being 2nd hand
 
Thanks for all the replies. Makes for interesting reading.

Yes, the phone was secondhand, so because of this, should we get a 12 month guarantee from the store to cover us against such problems. If so, should we be getting offered a full/partial refund? Also, a replacement was sought but they couldn't find one.

Looking at post #25, there is no mention of partial refunds, should I take a copy of their T&Cs to the store and point this out and ask for a full refund?

The phone is not physically damaged in any way, the screen has just stopped working.

Thanks
 
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It's in their own t&c's that you get a 12 month warranty , it says they will 1st seek to repair the item , which in my understanding of your 1st post they didn't even attempt to, so in effect they are breaking their own warranty.

Partial refunds come under the SOGA , basically you're seeking damages from the seller which can be in the form of repair,replacement,refund and partial refund, but because they can't replace and are not going to repair the next thing is to offer a refund but you have had 8 months usage out of the phone so the full refund no longer aplies.

I'm not sure if you can do anything now you have accepted the partial refund


You could always write a complaint to their customer services explaining how they broke their own t&c's and that you felt pressured by the staff to accept the partial refund, again it may lead nowhere
 
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personally I think you've done well to get such a high partial refund on a 2nd hand item. The SOGA doesn't apply only to new goods, but it does recognise what should be fair and reasonable.

Mobile phones get treated badly by most people. Even the most careful person will have dropped it (floor / settee) etc.

If their warranty only states that they will attempt to repair first then you've been mistreated. However it's a little late now without either a compliant customer services dept (little chance) or redress to the courts. Even small claims wouldn't be worth the grief and risk.

I can't see that they would have a clause that states exclusivelyh that they will attempt to repair first, without sopme caveat to cover uneconomical repairs. For what it's worth however mnost reputable retailers selling a new product in those circumstances would have offered you a like for like replacement with whatever the equivalent product was. Equivalent doesn't have to mean exactly the same, or even same features etc. It could be the current model that retails for around the price you paid initially.
 
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