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Replace or repair

  • 24-08-2012 9:36am
    #1
    Registered Users, Registered Users 2 Posts: 15,960 ✭✭✭✭


    I bought a phone 4 weeks ago from my local Vodafone Store & it has a common fault that is well known to Vodafone UK - it features on their forums. It is also reported on other websites - one conducted a poll where 50% of users have the problem.

    Vodafone say that they will not replace the phone in store but will send it off for repair so I would be without a phone for a couple of weeks. As this is a smartphone I would also lose my email, contacts etc.

    Do I have any grounds to insist on a refund/replacement rather than a repair ?


Comments

  • Registered Users, Registered Users 2 Posts: 936 ✭✭✭wildefalcon


    No, don't think so, unless they can't repair it. Then you do.


  • Closed Accounts Posts: 4,692 ✭✭✭Jarren


    Ask for the same value phone replacement while your handset is being repaired .


  • Registered Users, Registered Users 2 Posts: 7,786 ✭✭✭slimjimmc


    Discodog wrote: »
    I bought a phone 4 weeks ago from my local Vodafone Store & it has a common fault that is well known to Vodafone UK - it features on their forums. It is also reported on other websites - one conducted a poll where 50% of users have the problem.

    Vodafone say that they will not replace the phone in store but will send it off for repair so I would be without a phone for a couple of weeks. As this is a smartphone I would also lose my email, contacts etc.


    Backup your smart phone to your PC and remove the SIM - that way you can restore anything that gets lost.
    Discodog wrote: »
    Do I have any grounds to insist on a refund/replacement rather than a repair ?
    Yes, consumer law allows refund/replacement/repair as the options the retailer must offer you, you can insist on any redress you like but ideally it should be negotiated. Often phone shops will say they must repair it x times before a replacement but they're only quoting shop policy, it's not law.


  • Registered Users, Registered Users 2 Posts: 15,960 ✭✭✭✭Discodog


    No, don't think so, unless they can't repair it. Then you do.

    Yes that is my guess too. I have also heard that phones often come back far worse than when they left ! People seem to advise that if you can live with or work around the fault then you are better not having the phone repaired.
    Jarren wrote: »
    Ask for the same value phone replacement while your handset is being repaired .

    Yes but it is a pain because a smartphone is much more than calls or texts.


  • Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    Stage 1 is repair or replacement

    Stage 2 is a refund/rejection/repudiation

    As with almost anything in contract you can negotiate but an immediate refund is unlikely and you have no right to it.

    OP I suggest you send it for repair - if it come back worse - issue a small claims summons.


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  • Registered Users, Registered Users 2 Posts: 15,960 ✭✭✭✭Discodog


    slimjimmc wrote: »
    Backup your smart phone to your PC and remove the SIM - that way you can restore anything that gets lost.

    Yes, consumer law allows refund/replacement/repair as the options the retailer must offer you. Often phone shops will say they must repair it x times before a replacement but they're only quoting shop policy, it's not law.

    They should replace. Proper shops like B&Q replace/refund without question. Has anyone heard of a phone supplier that does this for future reference ?

    The dilemma is that the issue is manageable - basically the mic is very poor on normal calls but is fine on speaker & bluetooth. I have heard a lot of horror stories about phones being "repaired" & never working properly again.

    It might just be easier to default to speaker & keep the volume low.


  • Registered Users, Registered Users 2 Posts: 15,960 ✭✭✭✭Discodog


    Stage 1 is repair or replacement

    Stage 2 is a refund/rejection/repudiation

    As with almost anything in contract you can negotiate but an immediate refund is unlikely and you have no right to it.

    OP I suggest you send it for repair - if it come back worse - issue a small claims summons.

    The problem here is that users are reporting that the fault can be intermittent. So there is every chance that they will send it back & say that there is nothing wrong. With 50% of users in a poll reporting the problem they should offer a replacement recall.


  • Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    Discodog wrote: »
    The problem here is that users are reporting that the fault can be intermittent. So there is every chance that they will send it back & say that there is nothing wrong. With 50% of users in a poll reporting the problem they should offer a replacement recall.

    Realistically thats not going to happen. Service costs money. Recalls cost lots of money. If its an intermittent fault document it as such. If you still have the same problem upon return of the phone - thats fine its up to them to show its working.

    If it's a know issue though I doubt they'll have an issue tracking it down.


  • Registered Users, Registered Users 2 Posts: 15,960 ✭✭✭✭Discodog


    That's good in theory but the reality is that you could be sending the phone back & forth for months - it's only 4 weeks old !

    Vodafone have not acknowledged the problem & they won't. They will hope that people assume that it's a bad connection like I did.


  • Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    Discodog wrote: »
    That's good in theory but the reality is that you could be sending the phone back & forth for months - it's only 4 weeks old !

    Vodafone have not acknowledged the problem & they won't. They will hope that people assume that it's a bad connection like I did.

    You could if thats what you agree to - contract law allows you freedom of to do almost anything. I think it would be better to go with my suggestion a few posts up though.


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  • Registered Users, Registered Users 2 Posts: 15,960 ✭✭✭✭Discodog


    Well the really positive thing to do is to give another company my €30 per month !


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