Upgrade phone with Three broken...

sysconp1

Hi,

I am looking for some advice...

I upgraded my phone with Three.ie to an Xperia X10 and it arrived yesterday. All was fine until I tried to update the software on it and now it is bricked. I contacted SE and they advised to take it back to the point of sale as it is broken. I contacted Three to get the phone replaced but they say they don't stock the phone anymore and won't replace it even though it isn't even a day old! They will repair it, however this will take 8 days and I will be left without a phone for the duration.

Can anyone tell me if Three are legally obliged to replace the phone or do I have to suffer the 8 day repair time? I find it crazy that being within 7 days of the purchase that I should be expected to make do with the repair.

Any help would be great

foggy_lad

I would be insisting on a replacement with a brand new phone or full refund after a failure in one day! The phone may never work properly and the value of it is reduced so much after a repair that it would not be a reasonable remedy!

tony1kenobi

If you bought your mobile from the 3Store online or through our telesales:

3 operates a returns procedure in compliance with the European Communities (Protection of Consumers in Respect of Contracts made by means of Distance Communications) Regulations, 2001 (as amended) (“Distance Selling Regulations”). If you wish to exercise your rights under the Distance Selling Regulations, please refer to the documentation supplied by 3 prior to and at the time of sale and/or delivery of your device

3 also offers a 14 Day money back Guarantee entitling customers to return the device within 14 days of purchase. The 14 Day money back Guarantee only applies to customers who have experienced verifiable network coverage issues as confirmed by 3. For more information, please see three.ie/coverage.

If the device is faulty (i.e. within the terms of the manufacturer’s warranty and not due to customer damage) you have 28 days from date of purchase to return it to 3. You should contact Customer Services on 1913 to arrange return and it must be returned in its original box with everything it came with.

3’s 14 Day money back Guarantee and 28 day return policy do not affect your statutory rights as a consumer

Please contact Customer Services on 1913 from any Irish phone.

http://www.three.ie/search.htm?q=change+of+mind&submit=

sysconp1

This wasn't a change of mind and I love the phone...

Three.ie don't carry any stock of the X10, I don't want another phone, just a replacement for the one that has been supplied faulty. I would have thought that I had some consumer rights if it is delivered faulty to expect a replacement of the same. But If I hear Three right, they are refusing to replace and will only consider repair. This will take 8 days to complete and will mean I have a substandard device as it has been repaired. I spoke to Sony and they said that I am entitled to a replacement...

The other problem is that I am due to finish up with the company that am at on the 26th and if I have this delivered then I won't be in a position to receive it. My new copany will not allow personal deliveries and I won't be at home to receive a delivery either. This is a horrible situation! If it were replaced I could have one tomorrow, say Three, but they have no stock and can't/won't replace! Is it their responsibility to carry stock to replace in situations like this?

Run_to_da_hills

There is nothing wrong with your phone, its a software issue and just needs to be reset to default.

There is a place up in Sandyford that dose all this free of charge if you are willing to wait a few hours.

If you give it to 3 it will probably end up there anyway but would take a few days or a week.

http://www.mprc.ie/repairs.asp?section=howto

sysconp1

I only know what Sony told me this morning... any idea how much it would cost if I went up to the place in Sandyford? I don't like having to pay for it myself but if that means I have a working phone that I want I don't mind. Although letting Three out of it's responsibilities sticks in my throat!

jor el

It should be free, as the phone is under warranty, and they will just bill Sony/Three for the repair. This is probably your best course of action.

Since the phone was working when you got it, and only broke because of the update you applied, I would say you're not entitled to reject the offer of repair and insist on another solution anyway. If Sony are willing to replace it, you could deal directly with them, as they should have replacements available. This would still take time to get.

Run_to_da_hills

sysconp1 wrote: »

I only know what Sony told me this morning... any idea how much it would cost if I went up to the place in Sandyford? I don't like having to pay for it myself but if that means I have a working phone that I want I don't mind. Although letting Three out of it's responsibilities sticks in my throat!

Its free of charge on warrenties, I was up there not too long ago with my Sonyeicsson.

sysconp1 wrote: »

Although letting Three out of it's responsibilities sticks in my throat!

Not necessarly, It shouldn't make any difference as you are getting it repaired officially.

I'm with 02 and bought my phone with Carphonewarehouse, they sent me up there as an option to waiting a week and leaving it with them. I think most service providers deal with this crowd.

Cabaal

foggy_lad wrote: »

I would be insisting on a replacement with a brand new phone or full refund after a failure in one day! The phone may never work properly and the value of it is reduced so much after a repair that it would not be a reasonable remedy!

Its speculation that it never worked properly, he bricked the phone during a software upgrade...such a issue is likely user error.

Its easy brick anything from phones, routers, media centers if you arse up a software upgrade, doesn't mean they are faulty though

sysconp1

Thanks run to da hills... I am couriering it up there myself now. Based on what Sony say... the problem could be with the memory that the updates are flashed to. Sometimes this happens and it can be cleared by reflashing with a different firmware. However in this case reflashing hasn't worked and more specialist tools are needed. Thanks for the tip on the MPRC, fingers crossed they can get it back to me soon.

Cheers again... shame that three have such a poor customer service though. It would have been much simpler to swap out for another new one, as it was new. Also as I was only carrying out a recommended upgrade as advised and it failed, the handset is considered defective... not the customer process. Another one for the blog then!

Walkman

If 3 haven't authorised the update they may deem the phone out of warranty. AFAIK networks only honour repairs to phones if the update was being done by one me t.fir authorised repair companies although I'm open to correction.

drunkmonkey

Send it back to telesales, and cancel your upgrade, it takes about 10 days before your upgrade is available again, book the x10 in a store with a deposit and they'll be able to give you your upgrade once it's available again. If there's any fault with the new handset in the first month the store will just swap it out for you.

sysconp1

I have just been informed by MPRC that the X1o has to be returned to Sony in Poland to be repaired. So now I will be without the X10 for a further 2 weeks! I won't be buying SE again and after this contract with three.ie is over I will be cancelling that too! Disgusted!