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freitasm
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#86461 12-Sep-2007 19:27
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snowboard_freak:
tonyhughes:

what would telecom do if i took it in

Offer to send it away, and then charge you at least a minimum repair fee to get it back.



hmm yeah telecom are [expletive removed] like that haha



Why? Do you like working for free? It's their right to charge to fix things.

This is the risk of buying a second hand phone off an auction site. You risk getting a lemon. And then you complain about the operator?

By the way, the next time an expletive is used there'll be a ban.




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paradoxsm
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  #86467 12-Sep-2007 19:48
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I really do think the phone had internal damage now, buzzing and dropping calls is not software, most probably liquid.... Too bad.

I wouldn;t even bother sending it in, jsut get your money back.

snowboard_freak

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  #86470 12-Sep-2007 20:18
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could it possibly of been from the courier? it was just in a non padded courier bag, no bubble wrap or anything around the phone which was pretty silly on the sellers behalf..



snowboard_freak

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  #86510 13-Sep-2007 08:38
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the guy said it sat in his office drawer without the battery in it since november-december last year and that his office gets pretty humid in the winter, but he said he didnt think this could cause water damage?? sounds like it has though???

mobygeek
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  #86511 13-Sep-2007 08:46
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Probably wet. Anyway, it isn't working now, so what are you going to do, ask for a refund?  If you do, let us know how it goes, just for future reference...

BrentR
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  #86517 13-Sep-2007 09:08
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Get a refund.

cokemaster
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  #86521 13-Sep-2007 09:41
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freitasm:
snowboard_freak:
tonyhughes:

what would telecom do if i took it in

Offer to send it away, and then charge you at least a minimum repair fee to get it back.



hmm yeah telecom are [expletive removed] like that haha



Why? Do you like working for free? It's their right to charge to fix things.

This is the risk of buying a second hand phone off an auction site. You risk getting a lemon. And then you complain about the operator?

...

Indeed,

At this point, probably the only resolution would be to send it in, and risk paying the fees, or seek a resolution from the seller (refund). As far as seeking a resolution from the seller, your mileage may vary depending on the seller, however there have been instances where sellers have taken the money and run - as unfortunate as it is - it is a private sale between yourself and the seller.

However as it would fall under either the auction or private seller category in regards to the consumer guarantees act, the normal consumer protections would not apply.

Ministry of Consumer Affairs website discusses the CGA:

The Act does not cover

  • goods bought by auction or by tender
  • goods bought from a private seller
  • commercial goods - goods of a type that are ordinarily bought for use in offices, factories or farms may be covered by the Sale of Goods Act. The Sale of Goods Act may also cover those goods bought before the date the Consumer Guarantees Act became effective.
  • commercial services - services of a kind that are ordinarily supplied to offices, factories or farms - eg, top-dressing, commercial property leases, commercial building maintenance, livestock transportation.

Its rather clear on this. As Mauricio has pointed out, the operator has nothing to do with this, and logically is not bound by the consumer guarantees act (I have seen some amusing understandings of this; always best to read the act straight from the horses mouth to avoid the myths that surround it).





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snowboard_freak

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  #86555 13-Sep-2007 15:00
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took it into the telecom shop, they called up and did a reset reprogramme thing, seems to be working better now as its not dropping calls and connects to calls etc.


but can the outside screen light up?? the mini display?? if so, how?? mine isnt lighting up...

snowboard_freak

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  #86575 13-Sep-2007 17:12
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now half the keypad isnt responding so can't make a call or text...

i have asked the seller for a refund..

paradoxsm
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  #86587 13-Sep-2007 18:19
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LIQUID!!!!!!!!!!!!!!!

If someone is selling an good and popular model, you can almost be sure why. "I decided after two hours to go back to my Nokia", "I already got a fone" etc etc etc. as Tui would say, "Yeah Right"

I might just suggest to buy one new, They are only $299 new anyway.

tonyhughes
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  #86602 13-Sep-2007 20:43
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paradoxsm: LIQUID!!!!!!!!!!!!!!!

If someone is selling an good and popular model, you can almost be sure why. "I decided after two hours to go back to my Nokia", "I already got a fone" etc etc etc. as Tui would say, "Yeah Right"

I might just suggest to buy one new, They are only $299 new anyway.

I would eat my hat if it was not liquid damaged. Dont accept any excuses from the seller, and if they are not forthcoming with a refund, take them to small claims court.

Its also really easy to get peoples name/address/phone number even if you only have their free webmail address - if you are good at a little creative social engineering...







snowboard_freak

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  #86612 13-Sep-2007 21:33
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the seller is not wanting to refund, they said it was working perfectly fine and were honest in the description so don't see a need to have to refund.

well I see it as they were NOT honest in the auction and they DIDN'T package it well and they DIDN'T check the phone %100 before they sent it..

they had it in their work draw since November 2006 and according to the phones log it has not sent or received a phone call or text message since then either, their office is humid in the winter according to them so could this liquid damage it????



the phone was sent in a plastic courier bag one of them 'fast bags' or whatever they are called, there was NO protection what so all, no bubble wrap - just the phone and the plastic bag. terrible.

I told them the problems are with the calling and texting and that they can't of checked this before it was sent as the phone shows the last logs in 2006..

they have bad replys saying im attacking them...

I am a student who is $120 out of pocket and No cell phone now.. great, money grows on trees for students..


small courts you guys reckon??


freitasm
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#86617 13-Sep-2007 21:45
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snowboard_freak: the seller is not wanting to refund, they said it was working perfectly fine and were honest in the description so don't see a need to have to refund.

well I see it as they were NOT honest in the auction and they DIDN'T package it well and they DIDN'T check the phone %100 before they sent it..


It all sounds bad, but as I wrote before, this all sounds like a damaged phone. And their refusal to refund is just something else - blame on you, blame on the courier, but the phone was good when it left here - yeah, right.

Even the small claims is going to be a problem. It's your word against his. You might even try to get an assessment to get an expert opinion if this was really liquid damage. But then this will cost money. Probably more than what the phone costs...





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snowboard_freak

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  #86618 13-Sep-2007 21:53
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I'm not attacking you, i am stating the facts.

I don't see how it could have been fully working when you sent it as there is so much wrong with it.

Your packaging of the phone was extremly POOR you don't have an excuse for that... its not my fault If i buy the phone and you sent it poorly packaged that it breaks, that is your fault and is your responsibility to sort out.

 

I see it as, you've sent me a phone either working or not working when you last saw it but the poor packaging has damaged it during the postage.

 

also I said the interface of the phone worked fine (apart from backlight on outside screen), until today when half the keypad died, it was the CALLING and TEXTING that the phone has a fault with, and i can see you have not tested this part of the phone since November 2006 and also lying in the auction details saying it was a few months old when clearly it is almost or over 1 year old.

 

I am $120 out of pocket and with no functioning phone.

 

Look forward to your response



thats my email to the seller, they repilied: i think your being a bit attacking, im moving soon so uhhhhh yeah.....

just like the tui ads as you say haha, excuse after excuse

paradoxsm
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  #86620 13-Sep-2007 22:16
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Do you still have the courier bag it came in? make a claim for damage but state the item was packaged poorly, I think they may take action against the seller or at least check out with the seller as to the bad packaged state and it might scare them.... you are obviously out of luck for a refund anyway so play with him a bit.. ... I think you are stuck with a dud now.

It's obvious, he's dunked it, chucked it in a drawer, looked at it 6 months later, gone SHOT!!! it works, i'll flick it off!
And you got left with the mess.

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