New Phone Broken Screen

RodVelvet

I purchased a new phone (Nokia 6030) on Monday. It was working fine until I took it out of my pocket today. The screen on the phone is now broken. When I brought it back to the shop. They basically said tough luck and that it was down to misuse. Have I any recourse with this phone?

Ruu_Old

They can only accept it back when you are not happy with the phone (its functions or features) but when something like it breaks in your pocket then I don't think its their problem. I could be wrong though.

edit: from the o2.ie website it says.

"Please note that you will not be entitled to a refund or replacement phone if the phone has been either customer or water damaged. Customer damaged is where a fault has been caused by a use inconsistent or contrary to guidelines or manufacturer’s user booklet provided with your purchase."

eth0_

RodVelvet wrote:

I purchased a new phone (Nokia 6030) on Monday. It was working fine until I took it out of my pocket today. The screen on the phone is now broken. When I brought it back to the shop. They basically said tough luck and that it was down to misuse. Have I any recourse with this phone?

The screen didn't break spontaneously. You must have knocked it off something without realising. Just because you weren't conscious of this, doesn't mean the shop should have to replace it.

Ruu_Old

It might be under the manufacturers warranty still (correct me if I'm wrong), send it off to MPRC (Sandyford Industrial Estate) and they'll repair it for you.

RodVelvet

Okay the shop have sent it off to MPRC to get it checked out. I was onto consumer affairs and they were saying I should be entitled to a remedy. If the shop does not provide one, they said to get in touch with the small claims court. Any ideas?

Ruu_Old

I don't see you getting anywhere in a small claims court, O2 state clearly that a refund or replacement will not be given where a customer damaged the phone (even if it was by accident).

Bogger77

Ruu wrote:

I don't see you getting anywhere in a small claims court, O2 state clearly that a refund or replacement will not be given where a customer damaged the phone (even if it was by accident).

O2 are only the point of sale, not the manufacturer. Warrantee is with Nokia.

rondjon

Bogger77 wrote:

O2 are only the point of sale, not the manufacturer. Warrantee is with Nokia.

Phone bought off O2, so contract is with O2 and not Nokia.

By sending it off, O2 are facilitating you in getting it repaired, but neither O2, nor Nokia are liable under either their contract or warranty where you broke your own phone.

If screen is replaced or repaired, expect to be charged whatever the cost is.

You basically have no recourse or no comeback here. You mustn't have explained the situation correctly to the Consumer Affairs people. If the phone was sitting on the table and just broke spontaneously, then maybe, but not in your situation.

Access

In all fairness,

Think about this carefully....

You bought the phone in perfect working order... a few days later it is broken in your pocket.... shop you bought it from states you have no come back.

This is the same as.....

You bought a new ford focus from a ford dealer in brand new condition... a few days later, you wrap it into a wall... you bring it back and ask ford to replace or fix it. Ford dealer tells you to piss off.

Enough said.

Pythia

RodVelvet wrote:

Okay the shop have sent it off to MPRC to get it checked out. I was onto consumer affairs and they were saying I should be entitled to a remedy. If the shop does not provide one, they said to get in touch with the small claims court. Any ideas?

You're not entitled to a remedy. Screens do not break like that spontaneously.
Buy a case for the new one that you buy and be more careful.
Sorry to be blunt.

ircoha

RodVelvet wrote:

I purchased a new phone (Nokia 6030) on Monday. It was working fine until I took it out of my pocket today. The screen on the phone is now broken. When I brought it back to the shop. They basically said tough luck and that it was down to misuse. Have I any recourse with this phone?

None.

Random

ircoha wrote:

None.

ditto.

chrislad

I wouldn't say you have no recourse exactly. Screens have been known to crack on their own due to screws being too tight. The K700i and the Sagem 401x are two recent examples. Best O2 can do though is send it to an official repair centre and their opinion is final.