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faulty 500 euro phone from carphone warehouse! my rights?? thank you!!

  • 03-04-2011 11:18am
    #1
    Registered Users, Registered Users 2 Posts: 254 ✭✭


    Hi people! I bought a brand new samsung android galaxy phone in carphone warehouse about 4 weeks ago for almost 500 euros for phone and cover poooch! i used it for 2 days but found that my iphone was a far better phone so i put it back in its box and safetly put away in mty bedroom! just yesterday when i got the phone out to give it to a family member i noticed that that the phone didnt turn on! i charged it over night and no use! so i checked up on the internet and seen that people had the same problem with these phones and it seemed the circuit board was the problem, and also some got back fixed and they didnt last 2 weeks and they went again! my question really is when i bring this phone back today am i entitled to a refund??? or even a replacement??? one thing is for sure i havnt got the patients for them to send it off to get fixed when i only bought it 4 weeks ago for that ridicoulous amount of money!! i have receipt by the way!!!! would a appreciate a quick and sure reply coz i want to bring it up today and no what my rights are!! thanks!!


«1

Comments

  • Registered Users, Registered Users 2 Posts: 900 ✭✭✭superfish


    you have 28 days from when you bought it to return it if faulty and you can expect a full refund

    also if you flash the sgs with darkyrom and turn on lagfix you will find that the Iphone is nowhere near as good after I did this to mine I ran quadrant standard and it turns out my sgs is faster than a nexus 2,2 and a moto droid, the sgs is a great phone you just need to give it a chance


  • Registered Users, Registered Users 2 Posts: 4,864 ✭✭✭MunsterCycling


    To answer your question, yes without any doubt you are entitled to ask for a refund, hold firm and they will have to yield.


  • Registered Users, Registered Users 2 Posts: 254 ✭✭poeticmakaveli


    i appreciate this reply but regardless of if its better now, it doesnt work now!! my receipt is in the drawer and i just have to hope that its under 28 days!! if not???


  • Registered Users, Registered Users 2 Posts: 4,864 ✭✭✭MunsterCycling


    28 days is nonsense, your rights supersede their rights to restrict you


  • Registered Users, Registered Users 2 Posts: 254 ✭✭poeticmakaveli


    thanks! i just have receipt here! it was bought 28th february! slightly over the 28 day mark!!!


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  • Registered Users, Registered Users 2 Posts: 900 ✭✭✭superfish


    i appreciate this reply but regardless of if its better now, it doesnt work now!! my receipt is in the drawer and i just have to hope that its under 28 days!! if not???

    if not then they will offer to send it off to be fixed and im open to correction on this but if you did not get insurance on it then it will cost you 40 euro


  • Registered Users, Registered Users 2 Posts: 900 ✭✭✭superfish


    28 days is nonsense, your rights supersede their rights to restrict you
    my mate works there its 28days for faulty goods


  • Registered Users, Registered Users 2 Posts: 254 ✭✭poeticmakaveli


    ok well what will i say if they said we have to send it off to get fixed!? i mean its 4 weeks old,it cost 5oo euros! has been used for 48 hours when i got it and that was it!! i mean in all fairness there is no way i feel that i should have to wait around for tehm to send me back a faulty phone fixed temporarily!!


  • Closed Accounts Posts: 3,683 ✭✭✭Kensington


    They are going to want to have it checked out first - you are highly unlikely to get a refund or instant replacement (although you could always ask anyway).

    In terms of your rights, the Sale of Goods and Supply of Services Act 1980 covers you here. It entitles you to:
    - a repair OR
    - a replacement OR
    - a refund
    in no particular order of priority.

    It does not specify who (you or the store) gets to choose which of the three is chosen nor does it give you an automatic entitlement to a specific one. Once the store offers you one of the above three, they are fulfilling their legal requirements (you could challenge their offer in the courts if you wished, but this would take far longer than a repair and you have no guarantee the court would rule in your favour).

    If the do insist on a repair, which I imagine they will, then that repair must be permanent. If you get the phone back in a few weeks time and it dies on you again, you would then be in a position for declining another offer of repair and insisting on a replacement or a refund.

    Your original reason for wanting to return it, because you didn't like it, is not covered by SOG&SOS. You have no comeback under law because you have simply changed your mind or decided you don't like it anymore.

    Hope this helps!


  • Registered Users, Registered Users 2 Posts: 900 ✭✭✭superfish


    ok well what will i say if they said we have to send it off to get fixed!? i mean its 4 weeks old,it cost 5oo euros! has been used for 48 hours when i got it and that was it!! i mean in all fairness there is no way i feel that i should have to wait around for tehm to send me back a faulty phone fixed temporarily!!
    id go in and be really nice about it and just ask if you cant get a refund could you have a replacement tell them that you have only used it for 48hours, and im sure if your not dealing with an ass hole he/she will give you a replacement if not you will just have to wait to get it fixed, if your stuck with the phone id flash it and keep it, if you need any help doing this just ask, let us know how you get on


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  • Registered Users, Registered Users 2 Posts: 18,962 ✭✭✭✭Mimikyu


    This post has been deleted.


  • Registered Users, Registered Users 2 Posts: 900 ✭✭✭superfish


    This post has been deleted.

    I did say I was open to correction lol I heard this happened to a guy with his iphone when the screen cracked and he had insurance


  • Registered Users, Registered Users 2 Posts: 254 ✭✭poeticmakaveli


    well its not because i didnt llike it! its because its broke!!!!!!! i was giving it way to a family member!! by the way, in the last 18 months,in this store i have bought a laptop worth 400, another samsung worth 400, and iphone worth 550 and now this worth 500!!! i dont give a **** about the money! its the principle! and by the way that 400 samsung phone i got of them before was sent away 3 times to be fixed!!! so im not in the form for their crap about sending it off to get fixed!!! and u can be sure they will suggest sending it off to get fixed coz they are too mean! so maybe il explain my case to my soliciter if its a case they wanna send it to get fixed and whatever he says i will be happy to do!! thanks for your reply though!


  • Registered Users, Registered Users 2 Posts: 254 ✭✭poeticmakaveli


    superfish wrote: »
    id go in and be really nice about it and just ask if you cant get a refund could you have a replacement tell them that you have only used it for 48hours, and im sure if your not dealing with an ass hole he/she will give you a replacement if not you will just have to wait to get it fixed, if your stuck with the phone id flash it and keep it, if you need any help doing this just ask, let us know how you get on
    cheers fish! but if its completly dead how do i flash it?! maybe il mail u after i deal with them today and then that way they cant say the phone was interfered with!!


  • Registered Users, Registered Users 2 Posts: 900 ✭✭✭superfish


    cheers fish! but if its completly dead how do i flash it?! maybe il mail u after i deal with them today and then that way they cant say the phone was interfered with!!
    oh ya you cant flash it with darky rom if its not turning on anyway lol you would have to root it first il explain the pros and cons when you get your replacement

    and dude calm down before you go in just be as nice as you can with them and if you dont get your way then be an asshole wit them an like I say post up the results here after im interested to see how it works out for ya

    oh and the best of luck too


  • Moderators, Science, Health & Environment Moderators Posts: 23,243 Mod ✭✭✭✭godtabh


    Kensington wrote: »

    In terms of your rights, the Sale of Goods and Supply of Services Act 1980 covers you here. It entitles you to:
    - a repair OR
    - a replacement OR
    - a refund
    in no particular order of priority.

    A lot of rubbish posted on this thread but this is the only one with valid feedback


  • Registered Users, Registered Users 2 Posts: 4,195 ✭✭✭Corruptedmorals


    well its not because i didnt llike it! its because its broke!!!!!!! i was giving it way to a family member!! by the way, in the last 18 months,in this store i have bought a laptop worth 400, another samsung worth 400, and iphone worth 550 and now this worth 500!!! i dont give a **** about the money! its the principle! and by the way that 400 samsung phone i got of them before was sent away 3 times to be fixed!!! so im not in the form for their crap about sending it off to get fixed!!! and u can be sure they will suggest sending it off to get fixed coz they are too mean! so maybe il explain my case to my soliciter if its a case they wanna send it to get fixed and whatever he says i will be happy to do!! thanks for your reply though!


    Yes fair enough, it's faulty. But as quoted above, the shop are well within their rights to attempt a repair first. If this fails, you can then press for a replacement. You will get nowhere if you go in roaring for a refund, you are NOT entitled to one unless the other two methods are not effective in solving the problem first. How much money you spend in the shop does not matter, this is not a local cornershop with its OWN policies. Chances are, the first repair will work. You will waste an awful lot of time, effort and money if you drag a solicitor into this, the shop is operating within the confines of consumer law. It is not the same as a €5 top in Penneys and shouldn't be treated as such- how many phone shops could cope with handing out refunds to everyone? They are there to remain in business after all.


  • Closed Accounts Posts: 20,373 ✭✭✭✭foggy_lad


    superfish wrote: »
    if not then they will offer to send it off to be fixed and im open to correction on this but if you did not get insurance on it then it will cost you 40 euro
    It should not cost anything but shops like cpw smyths curry's etc try to make even more from customers by charging for engineers reports etc.
    superfish wrote: »
    my mate works there its 28days for faulty goods
    shop policy only, this policy can not affect your statutory rights
    superfish wrote: »
    id go in and be really nice about it and just ask if you cant get a refund could you have a replacement tell them that you have only used it for 48hours, and im sure if your not dealing with an ass hole he/she will give you a replacement if not you will just have to wait to get it fixed, if your stuck with the phone id flash it and keep it, if you need any help doing this just ask, let us know how you get on
    will flashing some dodgey firmware onto the phone not invalidate the warranty from samsung and also be classed as customer damage thus voiding any statutory rights you may have as it would not be done by an authorized repair centre??


  • Registered Users, Registered Users 2 Posts: 254 ✭✭poeticmakaveli


    superfish wrote: »
    oh ya you cant flash it with darky rom if its not turning on anyway lol you would have to root it first il explain the pros and cons when you get your replacement

    and dude calm down before you go in just be as nice as you can with them and if you dont get your way then be an asshole wit them an like I say post up the results here after im interested to see how it works out for ya

    oh and the best of luck too
    cheers bud i appreciate it! lets hope i get a replacement at least!!! but as u well know there is a good chance im gonna get that asshole! :) ill post the result up in an hour or so!!! oh by the way,if they say they wanna send it off after been nice with them,should i just say not yet i want to check with my soliciter?? i dont wanna be an asshole either but i cant let them away with this!! if it was 6 or 12 months down the line then fair enough but not after 4 weeks!! 48 hours really!!!!


  • Registered Users, Registered Users 2 Posts: 900 ✭✭✭superfish


    lot of rubish posted ? read this http://www.carphonewarehouse.com/dm/apple-iphone/terms I refer to the section on faulty goods


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  • Registered Users, Registered Users 2 Posts: 18,962 ✭✭✭✭Mimikyu


    This post has been deleted.


  • Registered Users, Registered Users 2 Posts: 254 ✭✭poeticmakaveli


    Yes fair enough, it's faulty. But as quoted above, the shop are well within their rights to attempt a repair first. If this fails, you can then press for a replacement. You will get nowhere if you go in roaring for a refund, you are NOT entitled to one unless the other two methods are not effective in solving the problem first. How much money you spend in the shop does not matter, this is not a local cornershop with its OWN policies. Chances are, the first repair will work. You will waste an awful lot of time, effort and money if you drag a solicitor into this, the shop is operating within the confines of consumer law. It is not the same as a €5 top in Penneys and shouldn't be treated as such- how many phone shops could cope with handing out refunds to everyone? They are there to remain in business after all.
    i do understand what your saying but i just know like another samsung phone i had over a year go it wwas sent 3 times to get fixed and it kept breaking! also people have complained about this exact phone with the same problem and they have fixed it and of coarse after a few weeks it was broke again!! il let u know anyway!! thanks


  • Closed Accounts Posts: 20,373 ✭✭✭✭foggy_lad


    This post has been deleted.

    But if it developed another fault it can be rejected as being not fit for purpose as it spends so much time being repaired


  • Registered Users, Registered Users 2 Posts: 18,962 ✭✭✭✭Mimikyu


    This post has been deleted.


  • Registered Users, Registered Users 2 Posts: 900 ✭✭✭superfish


    foggy_lad wrote: »

    will flashing some dodgey firmware onto the phone not invalidate the warranty from samsung and also be classed as customer damage thus voiding any statutory rights you may have as it would not be done by an authorized repair centre??
    ok darky rom 9.5 is more stable and 10 times faster than the stock 2.2 that comes with the sgs so no its not dodgy or nowhere near as dodgy as the firmware that comes as standard, you are correct in that this will void warranty for future repairs that is one of the cons, but you can always change it back before any repairs need to be carried out
    cheers bud i appreciate it! lets hope i get a replacement at least!!! but as u well know there is a good chance im gonna get that asshole! :) ill post the result up in an hour or so!!! oh by the way,if they say they wanna send it off after been nice with them,should i just say not yet i want to check with my soliciter?? i dont wanna be an asshole either but i cant let them away with this!! if it was 6 or 12 months down the line then fair enough but not after 4 weeks!! 48 hours really!!!!
    I would just let them fix it if it comes to that its not worth the hastle and I seriously doubt the guy working in cwh seriously give a crap if you threaten with solicitors as its no skin off his nose, they hear that stuff all the time


  • Closed Accounts Posts: 20,373 ✭✭✭✭foggy_lad


    superfish wrote: »
    ok darky rom 9.5 is more stable and 10 times faster than the stock 2.2 that comes with the sgs so no its not dodgy or nowhere near as dodgy as the firmware that comes as standard, you are correct in that this will void warranty for future repairs that is one of the cons, but you can always change it back before any repairs need to be carried out


    I would just let them fix it if it comes to that its not worth the hastle and I seriously doubt the guy working in cwh seriously give a crap if you threaten with solicitors as its no skin off his nose, they hear that stuff all the time
    If the phone is sent back to samsung which will probably happen they will know it has been tampered with.

    Also op you would surely use the small claims court for such a small amount?


  • Registered Users, Registered Users 2 Posts: 900 ✭✭✭superfish


    This post has been deleted.

    yea its the uk one but its still the same policy as here dont get me wrong I want the lad to get a full cash refund but I just know what cocks the cpw can be anyway no point arguing over it we should all just sit tight and see what the outcome is


  • Registered Users, Registered Users 2 Posts: 900 ✭✭✭superfish


    foggy_lad wrote: »
    If the phone is sent back to samsung which will probably happen they will know it has been tampered with.
    I seriously doubt that, once back on 2.2 they wont be able to tell


  • Registered Users, Registered Users 2 Posts: 18,962 ✭✭✭✭Mimikyu


    This post has been deleted.


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  • Registered Users, Registered Users 2 Posts: 829 ✭✭✭pokerface_me


    godtabh wrote: »
    A lot of rubbish posted on this thread but this is the only one with valid feedback

    Such a helpful post from a mod.


  • Registered Users, Registered Users 2 Posts: 900 ✭✭✭superfish


    Such a helpful post from a mod.

    lol yes its because to dismiss everything everyone has said by claiming its rubbish adds weight to his following statement.


  • Registered Users, Registered Users 2 Posts: 829 ✭✭✭pokerface_me


    I had a company iphone which was bought from car phone warehouse and 5 weeks after purchase it started to play up, they sent it off to be fixed and gave me a nokia to use till they got my one back. After i got it back it started to play up after a week or so, same problem. When i returned to the shop they offered a refund or new replacement.

    Only thing is my company would give them a lot of business and i'm not sure if this influenced their decision.


  • Registered Users, Registered Users 2 Posts: 254 ✭✭poeticmakaveli


    Ok people i went up to carphone warehouse with it! i was calm as a breeze, i explained all to them, and of coarse as i knew they said because im 5 days after the 28 day malarky that it has to be sent off for repair!! so as cool as a breeze again i explained that i understand what you's have to do, but i said i had a phone before (samsung tocco lite ultra edition) and that it had to be sent off 3 times before they gave me a replacement and i explained that im giving them 1 chance to repair it! now i know when i get it back that it is going to go faulty again! now we all know that its never going to be the same when i get it back! as i said to the worker that if this was a 100euros phone id let it slide and forget about it! or if my 470euros phone was 6 to 12 months old i still would let it slide, but im not going to accept a phone almost 5 weeks old of that price to be fixed more than once!!!!! i never mentioned soliciters but they got the idea!! ONE chance at repairing it!! they are not going to try and play me around 3 times hoping i just give up on it!!


  • Closed Accounts Posts: 20,373 ✭✭✭✭foggy_lad


    Ok people i went up to carphone warehouse with it! i was calm as a breeze, i explained all to them, and of coarse as i knew they said because im 5 days after the 28 day malarky that it has to be sent off for repair!! so as cool as a breeze again i explained that i understand what you's have to do, but i said i had a phone before (samsung tocco lite ultra edition) and that it had to be sent off 3 times before they gave me a replacement and i explained that im giving them 1 chance to repair it! now i know when i get it back that it is going to go faulty again! now we all know that its never going to be the same when i get it back! as i said to the worker that if this was a 100euros phone id let it slide and forget about it! or if my 470euros phone was 6 to 12 months old i still would let it slide, but im not going to accept a phone almost 5 weeks old of that price to be fixed more than once!!!!! i never mentioned soliciters but they got the idea!! ONE chance at repairing it!! they are not going to try and play me around 3 times hoping i just give up on it!!
    The fact you stayed calm ands listened to them first probably helped a lot but don't be surprised if it breaks again and they hit you with their 3repairs policy. Just tell them that you are seeking a replacement or refund as the phone has already been repaired and all repairs should be permanent, they will try telling you it is a different fault but stand your ground as if it is a different fault you can claim the phone is not fit for purpose due to the repairs required and again demand a replacement or refund.

    You do not have to accept a credit note in place of a refund.


  • Registered Users, Registered Users 2 Posts: 254 ✭✭poeticmakaveli


    foggy_lad wrote: »
    The fact you stayed calm ands listened to them first probably helped a lot but don't be surprised if it breaks again and they hit you with their 3repairs policy. Just tell them that you are seeking a replacement or refund as the phone has already been repaired and all repairs should be permanent, they will try telling you it is a different fault but stand your ground as if it is a different fault you can claim the phone is not fit for purpose due to the repairs required and again demand a replacement or refund.

    You do not have to accept a credit note in place of a refund.
    thanks!! i will gladly let them do what they want first but i know their repair will only be temporary!! then i can hit them with that! thanks!


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  • Closed Accounts Posts: 16,713 ✭✭✭✭jor el


    Such a helpful post from a mod.

    Not a mod of this forum, so pointing out that he's a mod is equally unhelpful. He was right about a lot of misinformation on this thread, and quoted the the one response that detailed exactly what the OP's rights were, since most others seemed to be completely ignoring this in place of their own erronious opinions. All the stuff about 28 days, and the ability to insist on a refund, or guaranteed refunds, is rubbish.

    CPW has a policy in place regarding refunds, but this is in addition to the statutory rights of the buyer, and does not supersede or replace them.
    superfish wrote: »
    lol yes its because to dismiss everything everyone has said by claiming its rubbish adds weight to his following statement.

    His quote was correct, and pointing out that that was the only factual statement on the thread was also correct. Your suggestions that he should flash the phone with a non-official ROM, or that he can only get a refund within 28 days, or that without insurance he'd have to pay for the repair were all incorrect, and flashing it would be the absolute wrong thing to do.
    thanks!! i will gladly let them do what they want first but i know their repair will only be temporary!! then i can hit them with that! thanks!

    You did the right thing, but it could well be fixed when it's returned to you. The 3 repair policy is common among all the mobile phone sellers and operators, but it's just a policy, and they cannot enforce it upon you. You also can't force them to refund, and may need to use the small claims court if they refuse (if the phone is returned faulty). Solicitors are not needed for the small claims court


  • Registered Users, Registered Users 2 Posts: 4,195 ✭✭✭Corruptedmorals


    Ok people i went up to carphone warehouse with it! i was calm as a breeze, i explained all to them, and of coarse as i knew they said because im 5 days after the 28 day malarky that it has to be sent off for repair!! so as cool as a breeze again i explained that i understand what you's have to do, but i said i had a phone before (samsung tocco lite ultra edition) and that it had to be sent off 3 times before they gave me a replacement and i explained that im giving them 1 chance to repair it! now i know when i get it back that it is going to go faulty again! now we all know that its never going to be the same when i get it back! as i said to the worker that if this was a 100euros phone id let it slide and forget about it! or if my 470euros phone was 6 to 12 months old i still would let it slide, but im not going to accept a phone almost 5 weeks old of that price to be fixed more than once!!!!! i never mentioned soliciters but they got the idea!! ONE chance at repairing it!! they are not going to try and play me around 3 times hoping i just give up on it!!



    Good, try to direct any implications/veiled threats towards the manager/policy maker rather then an ordinary member of staff though. You never know, the phone might come back in perfect order! Certainly mine did, and phones of several other people I know. The good stories outweight the bad stories I think.


  • Registered Users, Registered Users 2 Posts: 4,864 ✭✭✭MunsterCycling


    jor el wrote: »
    Not a mod of this forum, so pointing out that he's a mod is equally unhelpful. He was right about a lot of misinformation on this thread, and quoted the the one response that detailed exactly what the OP's rights were, since most others seemed to be completely ignoring this in place of their own erronious opinions. All the stuff about 28 days, and the ability to insist on a refund, or guaranteed refunds, is rubbish.

    CPW has a policy in place regarding refunds, but this is in addition to the statutory rights of the buyer, and does not supersede or replace them.



    His quote was correct, and pointing out that that was the only factual statement on the thread was also correct. Your suggestions that he should flash the phone with a non-official ROM, or that he can only get a refund within 28 days, or that without insurance he'd have to pay for the repair were all incorrect, and flashing it would be the absolute wrong thing to do.



    You did the right thing, but it could well be fixed when it's returned to you. The 3 repair policy is common among all the mobile phone sellers and operators, but it's just a policy, and they cannot enforce it upon you. You also can't force them to refund, and may need to use the small claims court if they refuse (if the phone is returned faulty). Solicitors are not needed for the small claims court


    Incorrect


  • Closed Accounts Posts: 3,683 ✭✭✭Kensington


    Incorrect
    What is incorrect? :confused:


  • Registered Users, Registered Users 2 Posts: 900 ✭✭✭superfish


    jor el wrote: »
    Not a mod of this forum, so pointing out that he's a mod is equally unhelpful. He was right about a lot of misinformation on this thread, and quoted the the one response that detailed exactly what the OP's rights were, since most others seemed to be completely ignoring this in place of their own erronious opinions. All the stuff about 28 days, and the ability to insist on a refund, or guaranteed refunds, is rubbish.

    CPW has a policy in place regarding refunds, but this is in addition to the statutory rights of the buyer, and does not supersede or replace them.



    His quote was correct, and pointing out that that was the only factual statement on the thread was also correct. Your suggestions that he should flash the phone with a non-official ROM, or that he can only get a refund within 28 days, or that without insurance he'd have to pay for the repair were all incorrect, and flashing it would be the absolute wrong thing to do.


    please explain why flashing a slow laggy phone when he gets it back to make it run better is the wrong thing to do I dont think you fully understand what flashing the phone entails also I was correct in that they have a 28 day refund policy, and to start off a post by saying "what a load of rubish is just plain ignorance if I dont agree with someone I would not dream of getting my point across in such a way


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  • Registered Users, Registered Users 2 Posts: 34,788 ✭✭✭✭krudler


    STOP SHOUTING!!


  • Registered Users, Registered Users 2 Posts: 1,025 ✭✭✭muboop1


    Ok people i went up to carphone warehouse with it! i was calm as a breeze, i explained all to them, and of coarse as i knew they said because im 5 days after the 28 day malarky that it has to be sent off for repair!! so as cool as a breeze again i explained that i understand what you's have to do, but i said i had a phone before (samsung tocco lite ultra edition) and that it had to be sent off 3 times before they gave me a replacement and i explained that im giving them 1 chance to repair it! now i know when i get it back that it is going to go faulty again! now we all know that its never going to be the same when i get it back! as i said to the worker that if this was a 100euros phone id let it slide and forget about it! or if my 470euros phone was 6 to 12 months old i still would let it slide, but im not going to accept a phone almost 5 weeks old of that price to be fixed more than once!!!!! i never mentioned soliciters but they got the idea!! ONE chance at repairing it!! they are not going to try and play me around 3 times hoping i just give up on it!!

    I used to work there ages ago, assuming policy hasn't changed much.

    Now, I'm not saying I agree with their policies, or even think them correct.

    However, If I had someone come into me demanding only 1 repair... well it happens every day. Usually bounces off the staff. We simply have no control over the phones and their repairs etc.

    But, we had to follow the companies policies. If we didn't we would be on the chopping block. And although I always done my best to help the customers, I wouldn't risk my job over them. Neither was I able to! The system wouldn't allow me to exchange or refund things for people without authorisation codes.

    The staff in store can do little. People will complain, it will usually result in the staff simply calling customer care already knowing in advance what the answer will be... send it in for repair.

    Managers can do more, but even then, they often probably wouldn't be willing to put themselves on chopping block either!

    The best way to get a favourable answer if the worst happens is to contact customer care yourself. They will often do more for the consumer as it is unusual that the staff will be willing to fight with the CC team.

    Just out of curiosity, is it true they lost their commission? I heard someone tell me all the phone stores did recently!


  • Closed Accounts Posts: 16,713 ✭✭✭✭jor el


    superfish wrote: »
    please explain why flashing a slow laggy phone when he gets it back to make it run better is the wrong thing to do

    The phone is broken after only a short time of use, and flashing the ROM would invalidate the warranty and remove the owners consumer rights. The right thing to do was as posted and quoted, request a repair, replacement or refund from the shop.

    Requesting a refund is not limited to the 28 days that is stipulated by CPW's policy, and a refund is an option at any time that the consumer's rights are in effect, which could be several years.


  • Closed Accounts Posts: 16,713 ✭✭✭✭jor el


    Incorrect

    Care to elaborate at all, or just like to jump on the troll bandwagon every now and then?


  • Registered Users, Registered Users 2 Posts: 900 ✭✭✭superfish


    jor el wrote: »
    The phone is broken after only a short time of use, and flashing the ROM would invalidate the warranty and remove the owners consumer rights. The right thing to do was as posted and quoted, request a repair, replacement or refund from the shop.

    Requesting a refund is not limited to the 28 days that is stipulated by CPW's policy, and a refund is an option at any time that the consumer's rights are in effect, which could be several years.

    ok seems we have our wires crossed here you seem to think I advised him to flash the phone to solve the problem or you think I told him to flash it before repair. what I told him was to send the phone off to be fixed then when he gets it back to flash it (a process that is completely reversible) I would not normally advise some one who just bought the phone to flash it with a new rom but as he was unimpressed with the phone this is why I advised him, this phone is a superior phone to the iphone once flashed. ask any of the guys on the darky rom thread about flashing I had my sgs 8 week and I decided to flash it the phone is now faster than the nexus 2.2, moto droid, htc desire, iphone I understand that people shy away from doing thing such as flashing a phone as it voids warranty but like I say its totally reversable


  • Closed Accounts Posts: 20,373 ✭✭✭✭foggy_lad


    superfish wrote: »
    ok seems we have our wires crossed here you seem to think I advised him to flash the phone to solve the problem or you think I told him to flash it before repair. what I told him was to send the phone off to be fixed then when he gets it back to flash it (a process that is completely reversible) I would not normally advise some one who just bought the phone to flash it with a new rom but as he was unimpressed with the phone this is why I advised him, this phone is a superior phone to the iphone once flashed. ask any of the guys on the darky rom thread about flashing I had my sgs 8 week and I decided to flash it the phone is now faster than the nexus 2.2, moto droid, htc desire, iphone I understand that people shy away from doing thing such as flashing a phone as it voids warranty but like I say its totally reversable
    After flashing the phone the Samsung warrenty is voided as are any statutory rights the op has and afaik there is a record in the phone of when it is flashed and reflashed so Samsung will most likely be aware of the interference with the phone and while they may just repair the phone if it develops another fault in the next two years they would not be obliged to do so.

    Imagine the senario of the op getting the phone back repaired and reflashing the phone and a few months down the line the phone stops working again. So the op sends it back into the CPW who send it off to their repair centre who send it back to Samsung who will see it has been reflashed.

    Most times Samsung will just reflash the phone with their firmware and return it but if the repair became more problematic they could send the phone back without doing anything with it and claim it has been tampered with and the warrenty is void, and because the phone has been tampered with the op's statutory rights are voided also.


  • Registered Users, Registered Users 2 Posts: 33,518 ✭✭✭✭dudara


    @MunsterCycling - you know better than to post single word replies like that. Please refute with details and supporting facts.

    OP - There has been a fair amount of noise in this thread, not all of it correct. The only thing that matters here are your rights as a consumer under the Sale of Goods and Supply of Services Act 1980.

    So far, the shop has behaved as they are obliged. They have offered you one of the three options (repair, replacement or refund). If the repair is not permanent, then you are entitled to seek one of the other two options. Simple as that.

    The value of the phone, or the amount of money you spend in the shop is irrelevant. Bringing it up really doesn't do any favours. Just stick to the straight simple facts.

    In addition, I don't want any more talk on flashing the phone. That type of discussion can take place over in the Android forum.


  • Closed Accounts Posts: 2,401 ✭✭✭lewis


    Hi people! I bought a brand new samsung android galaxy phone in carphone warehouse about 4 weeks.. i used it for 2 days but found that my iphone was a far better phone so i put it back in its box and safetly put away in mty bedroom! just yesterday when i got the phone out to give it to a family member i noticed that that the phone didnt turn on! i charged it over night and no use!

    Either it was knocked around at some point, or you just got a dodgy model.
    Why did you wait so long before returning it?
    Iphone far better, lol NO!

    jor el wrote: »
    The phone is broken after only a short time of use, and flashing the ROM would invalidate the warranty and remove the owners consumer rights...

    Flashing can be undone, so they would`nt even know it.


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


    I think it's clear at this stage that CPW aren't going to agree to replace it after one failed repair without a fight, regardless of what a court would eventually force them to do. So if you plan to go down that road you should be prepared to have to go further, such as a registered letter of intent to go to the SCC possibly followed by having to actually file with the SCC.


  • Registered Users, Registered Users 2 Posts: 254 ✭✭poeticmakaveli


    lewis wrote: »
    Either it was knocked around at some point, or you just got a dodgy model.
    Why did you wait so long before returning it?
    Iphone far better, lol NO!




    Flashing can be undone, so they would`nt even know it.
    knocked around??are u serious??!!!!


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