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Topic # 147411 18-Jun-2014 15:00
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Hi,

I bought a Xperia Z1 back in November from a Auckland supplier (name withheld as I'm unsure if naming and shaming is allowed). All was good till it died last month. I took it back to the shop for a warranty repair. They sent it off to the workshop and it was 2 weeks before I got the phone back. I picked it up from the shop, went out to the car, switched it off, added in my sim and sd card and....it wouldn't turn on again. So out of the car and back into the shop. They sent it off to the workshop for a second time and I phoned daily for an update. 9 days later (Monday) I was told that they'd replaced the dead battery, had run it for several days and it was all working now. So Tuesday I dropped in to pickup my phone to be told that although the workshop had returned it to the store it wasn't working. It wasn't charging properly nor was it holding a charge.

The manager said that since it was uneconomical to repair they would replace it with a new handset, except that they didn't have any replacement handsets to give me. I asked if I could pay an uplift and get a Z2 instead, he said that could be possible and went off to check (not sure who he was checking with as he is the store manager). He came back and said I couldn't get an upgrade even if I was willing to pay and instead they'd have another try at repairing it by replacing the whole motherboard, except that they don't have a motherboard and will need to outsource one. So we ended up with a bit of a disagreement, I've been very patient with them but 3 attempts to repair is really not on.

I've given them a few more days to get me a fully working handset or a full refund. He had talked about a store credit but consumer law would appear to say that I'm quite entitled to ask for a refund instead of a credit.

Consumer law is pretty good but a little vague - reading http://www.consumer.org.nz/reports/consumer-guarantees-act/putting-it-right

 

If the problem is minor, and can be fixed, the retailer can choose to either repair, replace or refund.

 

A service provider must fix the problem within a reasonable time.

 

If the problem can't be fixed, or can't be put right within a reasonable time, or is substantial, you can:

 

 

     

  • Reject the product and choose a replacement of the same type and similar value or a full refund of your purchase price; or
  • Claim compensation for any drop in the value of the product or service.
  • Cancel the service contract, pay for any satisfactory work already done, and get someone else to finish the repairs; or
  • Have it repaired elsewhere and recover the costs from the retailer, if they refuse to fix a faulty product, or fail to do so in a reasonable time.

 

When you have the right to reject the goods, sellers cannot just offer a credit note. If you want a refund, you are entitled to it – by cash, cheque or credit card charge reversal.

 



Also from http://www.consumeraffairs.govt.nz/for-consumers/law/consumer-guarantees-act/got-a-problem-with-goods

 

If the problem is serious or cannot be fixed

 

You as the buyer choose the remedy. You can choose to:

 

     

  •  

    return (reject) the goods and get your money back, or

     

  •  

    return the goods for a replacement of similar value and type (if the goods are reasonably available as part of the retailer’s stock ), or

     

  •  

    keep the goods and have the price reduced to make up for its drop in value.

     

I'd certainly describe this as a serious problem 

I have no confidence that they'll have a working phone for me and I anticipate my request for a full refund will be met with resistance.

 

My question 

 


My question is - what is a "reasonable time" - it will be 4 weeks this Saturday and I think that this is more than reasonable.

cheers
Phil

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  Reply # 1068532 18-Jun-2014 15:04
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I would say you can ask for a replacement or a refund. Take a print out of the CGA with you.




Mike
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  Reply # 1068584 18-Jun-2014 15:36
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I would agree that you have waited long enough and because it has been repaired and sent back multiple times that you should be entitled to a refund.  I would encourage you to 'tread a middle ground' and pay the difference for an upgrade as this would be an easier 'sell' to the store than a full cash refund.

The FUG (link at the bottom of the page) says this about naming a company:

 

  • When talking about a company use their real name. We follow the principle that respect must go both ways. 




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  Reply # 1068590 18-Jun-2014 15:45
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Yes I agree. According to consumer affairs when they were on Fair Go, companies get one chance to put things right. Although it is possibly reasonable to give them another chance again. But 3 times, and it is a substantial fault, I would ask for a refund now, if they aren't going to replace with a new one. Or pay the difference for the new model. Don't accept a credit, as I have done this in the past, and they wouldn't allow me to use it on discounted goods, only on goods sold at the RRP.



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  Reply # 1068594 18-Jun-2014 15:48
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Thanks all,

I'm in the process to write a complaint email documenting the events over the last month, reiterating my expectations and setting a deadline. I've also quoted from the CGA as well as providing the necessary links. I really don't like that it has to come to this but it has to be done.

For the record the store in question is Parallel Imported on Constellation Drive.

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