Is this legal under the CGA??

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old3eyes

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#36179 21-Jun-2009 16:02

Was in DSE at Manukau today and the had a sign above their mobile fone which went something along these lines. "Our 14 day money back guarantee does not include mobile fones so choose carefully" What if the fone does not live up to your expectations of function as you expect.?? I would have assumed that this was illegal under the Consumer Guarantees Act.. I know you can take back a mobile to a Telecom store and swap it no questions asked if it's not the one for you..

Regards,

Old3eyes

Loismustdye

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#227153 21-Jun-2009 16:05

old3eyes: Was in DSE at Manukau today and the had a sign above their mobile fone which went something along these lines. "Our 14 day money back guarantee does not include mobile fones so choose carefully" What if the fone does not live up to your expectations of function as you expect.?? I would have assumed that this was illegal under the Consumer Guarantees Act.. I know you can take back a mobile to a Telecom store and swap it no questions asked if it's not the one for you..

Not if it doesn't work :-)

Dingbatt

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#227157 21-Jun-2009 16:36

The CGA says that it must be of merchantable quality and fit for its intended purpose. It does not cover you buying the wrong one. DSE's 14 day return policy is a very generous in that as long as it can be put back on their shelf and resold they accept it no questions asked. However as this goes well beyond their obligations under the CGA I would suggest they have the right to opt out for certain products as long as that is made clear when you purchase.

“We’ve arranged a society based on science and technology, in which nobody understands anything about science technology. Carl Sagan 1996

Marmion

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#227443 22-Jun-2009 17:40

If you asked a sales consultant: "I want a phone that does x, y and z" and the sales consultant says "Yeah this one does x, y and z" and then you buy it, and find out it doesn't do x, y or z, then you can return the phone for a full refund.
Otherwise, if you don't make your intentions clear, they won't be liable under this particular part of the act.
Doesn't affect your rights if it doesn't work etc.
As always, buyer beware.

paradoxsm

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#227752 23-Jun-2009 18:18

Ahh, I had wondered when they would start excluding them, must have been costing them a fortune with people "changing mind".

rscole86

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#227768 23-Jun-2009 19:13

What is new here? DSE have always excluded pre-paid mobile phones from their 14 day right of return. They will still offer an exchange, but will not refund.
The catch? You have to pay a $50 bond to have the phone inspected to verify you are not returning it damaged. This can take up to three weeks.

tonyhughes

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#227777 23-Jun-2009 19:48

DSE's return policy is fantastic, and has secured many of my dollars over the years.

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jjnz1

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#227780 23-Jun-2009 20:25

I went through the return exercise with VF last week becuase i wasn't sure if a location i needed the phone for could get 3G, because it barely gets normal gsm.

The results:

Vodafone first mobile store- no returns, said go to dick smith
Vodafone online store, lady on phone said they give 7 days right to return providing you spend no more than 30mins using the phone

I also found out that you can no longer buy goods from the vodafone store and put it on your account.. You have to pay with a credit card.