I bought my son a Sagem my401x mobile phone in June this year. Within a few weeks it started to go wrong, sound was bad, buttons not working, photo quality deteriorated. We took it back to the shop asking for a replacement but were told as it was more than 30 days old it would have to be sent for repair. After waiting about a month for the shop to have a phone in stock to borrow during the repair, it was sent away. My son collected it yesterday, apparently all the inside has been replaced. Low and behold by last night it was going wrong again, buttons not working and it keeps 'freezing'. As far as I know, Sagem are no longer making the model in question and I know a lot of people who have had problems with them. Does anyone know my legal rights? Can I demand that the shop gives us a refund? I am willing to buy another one from them, just a different model, even if it is more expensive. We live in Ireland by the way.
2006-09-26 08:10:14 · 16 answers · asked by irish_glen 2 in Politics & Government ➔ Law & Ethics
I had a similar problem about a year ago and know how frustrating it can be. They just send you from pillar to post.
Anyway here is some info that may be of use to you.
The phone is under a year old so it is still covered by the guarantee and they are obliged to replace it having attempted to fix it once already. If they do not have that model then they must replace like with like which may actually mean you get a better model. Like with like would mean any phone they give you must have at least the same functions and specifications the old phone had.
I ended up getting a much better phone than the one that kept on breaking. I would suggests sorting things out over the phone with the manufacturer or head office of the store you got it from as sales staff are often ignorant of a customers rights and just fob you off.
Good luck and hope you get this resolved without blowing a casket! ;-)
2006-09-26 10:16:26 · answer #1 · answered by â?¥MissMayâ?¥ 4 · 2⤊ 0⤋
I'm no expert, but u have every right to a refund or a replacement model. For this to occur, u will need everything that came with the phone as well as the reciept and any repair paperwork.
Go back to the shop and demand to speak to the manager, not the muppets in the front. Explain the situation and state what u want done. He will no doubt offer to repair it. Tell it has already been "repaired" once and you will not accept dodgy workmanship.
Something, i think helps is to cause a small scene. If u can put off other customers with a genuine grief, then the store might be more more agreeable to ur demands (this is by no means a guarantee).
Just remember to be decisive. Do not let them walk all over u.
Hope I've helped.
2006-09-26 08:24:39 · answer #2 · answered by Knight-wing 3 · 0⤊ 0⤋
If I were facing this problem, I think I'd start with the manufacturer's web site, to see whether they've posted anything about known problems, or whether a particular model has been recalled.
Does Ireland have a consumer protection group or an advocate's office? Here in the US, we have something called the Better Business Bureau, where you can check a company's track record for how they do business. Not all companies join the BBB, but those that do are essentially agreeing to abide by the BBB's guidelines and work with them to resolve customer issues.
Consumers can still file a complaint even if the company isn't a member but I don't think the BBB will make contact then -- they just add the complaint to their database (not sure on this)
It seems to me that a reputable business would stand behind their repair work, and the store where you made the purchase should be your ally at this point, since they are a reseller of that brand.
Good luck!!
2006-09-26 08:24:22 · answer #3 · answered by princessmeltdown 7 · 0⤊ 0⤋
Any item sold must be fit for the purpose it was designed for. It is up to the shop, not the manufacturer to offer a refund or a repair. As you've already had a repair and the item is still faulty, take it back to the shop, point out that the repair has not fixed the problem, that you believe it is an inherent design fault and that you're willing to take a replacement and possibly pay the difference if it's an upgrade. If they're still hesitant remind them that you have the right to take them to court through the small claims procedure and that your rights are safe guarded by law. Make sure that you're talking to the boss, he's probably the only one who can make that decision.
2006-09-26 08:44:19 · answer #4 · answered by dogfishperson 3 · 0⤊ 0⤋
Go back to the shop or call sagem. You obviously have a faulty phone unless your son has a serious habit of droping it.
Demand a Replacement phone or you will be contacting watchdog as have found a website where loads of people are having the same problem.. (They wont know ur fibbing)
See how that goes.. i reacon you have a good chance of a replacement..
GOOD LUCK
2006-09-26 08:26:07 · answer #5 · answered by Baby Dee 2 · 0⤊ 0⤋
I think you would be perfectly within your rights to DEMAND a refund.
Take a copy of any paperwork you have concerning repairs - receipts etc. and date of purchase and date of collection following repair. Tell them that your contract is with them and that the item is NOT suitable for the purpose for which it was sold. Be firm and polite. Ask to speak to the manager if you get no joy with the staff.
If they refuse, contact their head office in writing - and also advise them that you will be seeking legal advice, contacting trading standards, telling all your friends about their shoddy service etc. etc.
I had the same problem with CPW and I got absolutely NOWHERE with them. I will NEVER use them again and as soon as my contract is up I will be off elsewhere!
2006-09-27 06:00:14 · answer #6 · answered by Sally J 4 · 0⤊ 0⤋
Contact CONSUMER DIRECT or phone your local consumer services run by your council. I'm pretty sure that in the first 6 months of any purchase the onus is on the retailer to prove the fault is'nt theirs (pretty hard considering it was only weeks old) after 6 months the onus is on you to prove it's not your fault.
Consumer services will keep you right so dont give it up as a lost cause, shops rely on people getting fed up or feeling stupid.
Good Luck!.
2006-09-26 08:26:32 · answer #7 · answered by Anonymous · 0⤊ 0⤋
ohhhhh noooooo. i have been in the same situation with a phon i bought for my daughter. it had to go in repair three times, each time came back, went wrong. you bought the phone from them, they have to deal with it. give you an alternative. i had the problem that they said it was discontinued and they couldnt replace and all that old tripe...... persevere i got a knew model in the end which, touch wood, has been ok. dont give up, i know it is hassel but worth it in the end. good luck
2006-09-26 08:26:13 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Go back to the shop explain it has been repaired but is no different and you would like a new one if they don't go to the citizens advise or threaten them with trading standards or your local MP (always works for me)
2006-09-26 08:22:20 · answer #9 · answered by ? 2 · 0⤊ 0⤋
I am sure if you go in and explain they will be more than happy to exchange it for another model especially if you are willing to pay a little bit extra...Good luck........Didnt know florida was in Ireland David lol
2006-09-26 08:16:44 · answer #10 · answered by ? 5 · 2⤊ 0⤋