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Broken Phone

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  • 05-02-2011 2:11am
    #1
    Gavin "shels"
    Registered Users Posts: 17,963 ✭✭✭✭


    Back on the 6/12/2009 I bought a phone, on the 12/0/2010 it was sent off for repair as some of the buttons wouldn't work (faulty) and before that it was acting up, I got it back on the 18/9/10 and it was working fine. Roll on a few months to today and it started going mental again freezing and all that crap and then the same 5 buttons stopped working again.

    Few questions:

    When it was sent away for repair do I get a warranty/guarantee on the phone for a lenght of period?

    If so am I now entitled to either a replacement or refund since the option of repair has failed?

    Cheers in advance.


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    #2
    Zab
    Registered Users Posts: 1,931 ✭✭✭Zab


    Gavin shels wrote: »
    When it was sent away for repair do I get a warranty/guarantee on the phone for a lenght of period?
    No
    If so am I now entitled to either a replacement or refund since the option of repair has failed?

    It depends. If you were given a warranty when you bought the phone then this warranty still applies. Assuming that there was none, or it's expired, you are entitled to have been supplied with a phone that was fit for its normal purpose and of reasonable durability. The legislation doesn't state how long reasonably durable means so essentially that's between you and the supplier. If you can't come to an agreement (you think it means two years, they think six months) then you'd have to take it to the small claims court and they'll decide for you. I would suggest the court would decide in your favour unless the phone cost a tenner, but that's just my opinion. The fact that it's the same problem could go for or against you, you'd be better off if you could document that others have had the same issue.


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    #3
    Gavin "shels"
    Registered Users Posts: 17,963 ✭✭✭✭Gavin "shels"


    Zab wrote: »
    No



    It depends. If you were given a warranty when you bought the phone then this warranty still applies. Assuming that there was none, or it's expired, you are entitled to have been supplied with a phone that was fit for its normal purpose and of reasonable durability. The legislation doesn't state how long reasonably durable means so essentially that's between you and the supplier. If you can't come to an agreement (you think it means two years, they think six months) then you'd have to take it to the small claims court and they'll decide for you. I would suggest the court would decide in your favour unless the phone cost a tenner, but that's just my opinion. The fact that it's the same problem could go for or against you, you'd be better off if you could document that others have had the same issue.

    Surely after a phone is repaired it has to be given some "lifespan" warranty?

    I hope it doesn't have to go down the small claims court road tbh, I've bought 3 phones off them in the last 3 years (have receipts) so hopefully that's enough to not get them acting the cnut.


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    #4
    Boggles
    Registered Users Posts: 39,570 ✭✭✭✭Boggles


    Any repair has to be permanent.

    Sounds like this one wasn't.

    Go into the store and speak with the manager, outline your grievances and see if they offer an acceptable remedy which is fair and your happy with.


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    #5
    Zab
    Registered Users Posts: 1,931 ✭✭✭Zab


    I actually thought they replaced the phone to begin with.

    Have they refused to help you already?


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    #6
    Gavin "shels"
    Registered Users Posts: 17,963 ✭✭✭✭Gavin "shels"


    The phone was never replaced only repaired back in August.

    Anyway went in today, supposedly after it's repaired there's only a 3 month warranty on it (which considering the warranty on the phone wasn't up till December is trollocks).

    Then I was told that in the Exchange/Faults terms and conditions that it has to be repaired 3 times before the phone is replaced, which I told the assistant manager is false as there is nothing of the sort on the T&C's nor that he could find either. I was told I'd have to got to Fonemenders now as the warranty with them is up and it's now onto Nokia.

    Had enough of him talking ****e so left and plan on getting onto their Head Office come Monday, probably give them an email now.


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    #7
    daenerysstormborn3
    Closed Accounts Posts: 7,213 ✭✭✭daenerysstormborn3


    Any repair has to be permanent so they can't legally send the phone for repair 3 times and I would assume changing the warranty like that would be a violation of your statutory rights.


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