Geekzone: technology news, blogs, forums
Welcome Guest.
You haven't logged in yet. If you don't have an account you can register now.

31 posts

+1 received by user: 1

Topic # 147411 18-Jun-2014 15:00
Send private message


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 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


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


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.


Create new topic
11896 posts

Uber Geek
+1 received by user: 5519


  Reply # 1068532 18-Jun-2014 15:04
Send private message

I would say you can ask for a replacement or a refund. Take a print out of the CGA with you.

Retired IT Manager. 
The views stated in my posts are my personal views and not that of any other organisation.


 It's our only home, lets clean it up then...


Take My Advice, Pull Down Your Pants And Slide On The Ice!



2369 posts

Uber Geek
+1 received by user: 690


  Reply # 1068584 18-Jun-2014 15:36
Send private message

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. 

"4 wheels move the body.  2 wheels move the soul."

“Don't believe anything you read on the net. Except this. Well, including this, I suppose.” Douglas Adams


Try Wrike: fast, easy, and efficient project collaboration software
13792 posts

Uber Geek
+1 received by user: 1716

  Reply # 1068590 18-Jun-2014 15:45
Send private message

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.

31 posts

+1 received by user: 1

  Reply # 1068594 18-Jun-2014 15:48
Send private message

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.

Create new topic

Twitter »

Follow us to receive Twitter updates when new discussions are posted in our forums:

Follow us to receive Twitter updates when news items and blogs are posted in our frontpage:

Follow us to receive Twitter updates when tech item prices are listed in our price comparison site:

News »

TCF and Telcos Toughen Up on Scam Callers
Posted 23-Apr-2018 09:39

Amazon launches the International Shopping Experience in the Amazon Shopping App
Posted 19-Apr-2018 08:38

Spark New Zealand and TVNZ to bring coverage of Rugby World Cup 2019
Posted 16-Apr-2018 06:55

How Google can seize Microsoft Office crown
Posted 14-Apr-2018 11:08

How back office transformation drives IRD efficiency
Posted 12-Apr-2018 21:15

iPod laws in a smartphone world: will we ever get copyright right?
Posted 12-Apr-2018 21:13

Lightbox service using big data and analytics to learn more about customers
Posted 9-Apr-2018 12:11

111 mobile caller location extended to iOS
Posted 6-Apr-2018 13:50

Huawei announces the HUAWEI P20 series
Posted 29-Mar-2018 11:41

Symantec Internet Security Threat Report shows increased endpoint technology risks
Posted 26-Mar-2018 18:29

Spark switches on long-range IoT network across New Zealand
Posted 26-Mar-2018 18:22

Stuff Pix enters streaming video market
Posted 21-Mar-2018 09:18

Windows no longer Microsoft’s main focus
Posted 13-Mar-2018 07:47

Why phone makers are obsessed with cameras
Posted 11-Mar-2018 12:25

New Zealand Adopts International Open Data Charter
Posted 3-Mar-2018 12:48

Geekzone Live »

Try automatic live updates from Geekzone directly in your browser, without refreshing the page, with Geekzone Live now.

Are you subscribed to our RSS feed? You can download the latest headlines and summaries from our stories directly to your computer or smartphone by using a feed reader.

Alternatively, you can receive a daily email with Geekzone updates.