Digital Mobile, iPhone and refunds

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raab

262 posts

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#25814 2-Sep-2008 14:43

Is anyone here familiar with Digital Mobile's refund policy? I've looked on their website and it states that if I change my mind I'm not entitled to a refund which is fair enough.

Basically I bought an iPhone two weeks ago, opened the box and the iPhone was damaged. I took the phone back and was happy for it to get replaced however upon inspecting the replacement phone today there was dust under the screen so I advised them that I wasn't happy with the replacement so they have to send it away for yet another replacement.

I phoned them before because the more I think about it the more I realis how shoddy the quality is and the more I don't want to go through constant replacements. It's slowly emerging that now there's issues with dust getting under screens. For a $1100 phone this is ridiculous. I guess it's my fault for not researching before hand but for the price you pay you expect some form of quality. Anyway, at what point am I entitled to a refund? According to them, Manners Mall Wlg, I'm not because "Apple" policy states that the phones have to be sent away for either repair or replacement. Does the CGA trump this so called apple policy/warranty?

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#161580 2-Sep-2008 15:49

It would certainly make an interesting case under the CGA but theres no clear cut yes or no with something like this. The only obligation they face is to repair/replace/refund within a reasonable period of time at their discretion. What is a reasonable period of time is debateable, and it doesn't change because its only a few days old! I would suggest if one or more replacements have the same fault you would have a reasonable case.

Don't forget your "contract" for the purchase of the phone is with Digital Mobil and not with Apple. Make sure you're speaking with the manager, and if they can't help you talk to their manager.

raab

262 posts

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#161647 2-Sep-2008 18:18

Yeah, I thought as much. I'm not too fussed either way I just thought I'd give it a try because so far I've owned an iPhone for 2 weeks and had 0 seconds use of one.

JoeBloggs

355 posts

Ultimate Geek

#161844 3-Sep-2008 14:01

Usually there is something called OBF (out of box failure). If this occurs the phone is swapped within the first couple of weeks provided there is no signs of impact or liquid damage. There is no OBF procedure for the iPhone and stores have been advised to send away for repair even if the customer has just removed the device from the packaging to find it faulty.

To get your money back or receive a different phone will be difficult and may require the services of a lawyer. At present you simply aren't entitled to this by law anyway.

alasta

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#161868 3-Sep-2008 15:02

The Consumer Guarantees Act requires that all goods be of reasonable quality and fit for their purpose, factoring in the type of product and its price. If you are spending $1000 on a mobile device then it would be fair to expect much higher quality than what you have ended up with.

You must give the retailer a 'reasonable' period of time to replace or repair the product and if they fail to deliver then you are entitled to a refund.

What Joebloggs says is interesting. If indeed Apple is the only mainstream manufacturer that doesn't offer a fast remedy for out of the box failures then they deserve some negative publicity for this. I'm sure it's something that many people would want to factor into their purchasing decision.

mikal

172 posts

Master Geek

#161922 3-Sep-2008 18:44

In reality most people will not care and roll the dice in hope they don't get the OBF Iphone.
Apple wins again by bucking the trend and getting away with it because it's the Iphone,

itxtme

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#161938 3-Sep-2008 19:23

I personally would not put up with the phone being sent away. You havent even used the damned thing! Why cant they just give you a replacement!?

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rscole86

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#161941 3-Sep-2008 19:41

itxtme: I personally would not put up with the phone being sent away. You havent even used the damned thing! Why cant they just give you a replacement!?

Umm? He wants a refund, he has already had it replaced once.

Have you spoken to the branch manager about your problem, 9/10 times if you talk to them nicely they will play ball. Start quoting the CGA, then will play hard ball.

raab

262 posts

Ultimate Geek
Inactive user

#161943 3-Sep-2008 20:02

Thanks for your replies. I did talk to the branch manager but he wasn't very willing. I basically said you I've paid $1100 for a phone and it's already been replaced twice is it possible to get a refund rather than having to go through this process, and who's to say I won't be back with dust under the screen in future trying to imply that I'm not happy with the build quality of iPhones. But he just said apple policy this, refund not possible, cga wont cover you. Unfortunately I couldn't really argue against that because I don't know the law enough hence coming on here to ask.

It took a week to get the first replacement so I've no idea how long it'll take to get the second :/

itxtme: I personally would not put up with the phone being sent away. You havent even used the damned thing! Why cant they just give you a replacement!?

Apparently the only way to get a replacement is for them to send it away, even Vodafone have to

richms

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#161957 3-Sep-2008 20:39

How did you pay?

Richard rich.ms

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#161959 3-Sep-2008 20:48

Perhaps you should look at making a formal complaint, check out the TDR for more information.

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Byrned

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#162045 4-Sep-2008 09:57

I don't believe the TDR would have anything to say over this as the dispute is with a retailer, Digital Mobile, and not with the telco.

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Kyanar

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#162067 4-Sep-2008 11:46

Byrned is right - the TDR wont be able to help you as this isn't Vodafone's fault. What you need to do if they wont help, is to take them to court. The Commerce Commission wont help you, and neither will the Ministry of Consumer Affairs - though the MCA can give you free advice on what you can do. Some people have luck mentioning the name "Fair Go" in a discussion if they're being particularly reluctant.

But just be 100% aware that "Apple Policy" isn't worth the paper it's written on - the CGA does not allow "limited" warranties, though retailers will defend this type of warranty to the death (the reason I strongly suggest never buying from JB Hi-Fi, as they become outright hostile if you try asking for repairs outside the "limited" warranty)

raab

262 posts

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#162068 4-Sep-2008 11:48

I paid cash/eftpos for it.

I'll just see what the third replacement is like as it sounds like such a hassle to do anything else

billgates

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#162207 4-Sep-2008 17:53

Wait for the third replacement. If that too get's dust by normal everyday use then it's obviously a design fault.

natedog

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#162309 4-Sep-2008 21:41

raab: Thanks for your replies. I did talk to the branch manager but he wasn't very willing. I basically said you I've paid $1100 for a phone and it's already been replaced twice is it possible to get a refund rather than having to go through this process, and who's to say I won't be back with dust under the screen in future trying to imply that I'm not happy with the build quality of iPhones. But he just said apple policy this, refund not possible, cga wont cover you. Unfortunately I couldn't really argue against that because I don't know the law enough hence coming on here to ask.

It took a week to get the first replacement so I've no idea how long it'll take to get the second :/

itxtme: I personally would not put up with the phone being sent away. You havent even used the damned thing! Why cant they just give you a replacement!?

Apparently the only way to get a replacement is for them to send it away, even Vodafone have to

Raab this page might be useful to get clued up on the law.

"If the problem is a serious one (the goods are unsafe, substantially do not meet acceptable quality, fitness for particular purpose, description or sample), you can choose to return (reject) the goods and get your money back"

I would argue that, if all the phones have the same fault, there is a serious design fault and they do not meet acceptable quality. Obviously, this is a fault the retailer will not be able to remedy within a reasonable time so they will have no choice but to offer you a refund. I'm sure if you mention lodging a claim at the disputes tribunal, given that the disputes tribunals look primarily at the equity of the dispute rather than the strict rule of law, they will not want it to go this far and it will be far easier for them to give you a refund. By the sounds of it, you deserve one!

Good luck

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