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695 posts

Ultimate Geek
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Topic # 26801 3-Oct-2008 19:02
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On Wednesday my wifes mobile came up with

Insert SIM Card 

It is a Supa Prepay card that is just over 1 year old. I tried my SIM in there and another and they both work fine so its not the Phone..
I thought Ok, we'll just take it into the nearest Vodafone store and they will replace it and transfer the number np..

She took it in today and was told she would have to pay $20.00 for a new Sim card ?
The SIM card is faulty not our equipment so why do we have to pay for a new card ?

Anyone else had this experience with Vodafone ?

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100 posts

Master Geek
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  Reply # 168879 3-Oct-2008 19:23
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Hey, I haven't had a faulty SIM personally but have heard of one being a "dud" and also have heard they occasionally have a dud batch.
I don't think you should have to pay for a new one, even if it is only $20. I'd try calling 777 and explaining the situation and that you expect the product you have paid for to last more than one year. If they don't play ball, quote the Consumer Guarantees Act at them and say that their product hasn't lasted the expected reasonable time and that you expect them to remedy the fault at their cost!



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Ultimate Geek
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  Reply # 168883 3-Oct-2008 19:43
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Yeah, I'm going to go in and see them personally myself tommorrow..
I'd call 777 but they will probly charge me $1 for the support call and tell me to go to a Vodafone store anyway :-(

The card was bought from the Vodafone online Web store and posted to me by vodafone at the time as well so it was sold direct by them..

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  Reply # 168902 3-Oct-2008 20:46
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I had the same issue with my partner's SIM card some weeks back.  Initially we thought it was a phone issue, but after trying my card in her phone, we figured it was the SIM card.

Doing this in store with a Vodafone rep, they agreed, and replaced the card free of charge.  I'd ask them nicely, no-one ever responds to aggression well or throwing around the CGA.  If you don't get a free card, I'd then explore your options.

And with that, I end my 500th post! Cool

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Master Geek
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  Reply # 168903 3-Oct-2008 20:51
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I'd ask them nicely, no-one ever responds to aggression well or throwing around the CGA.  If you don't get a free card, I'd then explore your options. 

I agree... 
If they don't play ball...


should have emphasised that a little more! Definately shouldn't go in with all guns blazing!

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  Reply # 168906 3-Oct-2008 21:00
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If the sim card has been taken out of the phone too many times then it's your fault. Have you still got the VF reciept from the online store? For $20 CGA is not worth it. Just pay it and get it over with....

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Reply # 168907 3-Oct-2008 21:02
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natedog: should have emphasised that a little more! Definately shouldn't go in with all guns blazing!


My fault, didn't properly read that part of your post. Whoops.

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Red Jungle
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  Reply # 168909 3-Oct-2008 21:09
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We deal with a lot of SIM cards - my experience has been that some stores charge to do a 'SIM swap' and some do not.. was it an actual Vodafone store you went into or one of the 'franchises' such as First Mobile / Digital Mobile?

If I were you I'd try an actual Vodafone store as they will be under less pressure to 'make a sale'.




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Ultimate Geek
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  Reply # 168913 3-Oct-2008 21:29
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Cool, Thanks for the help everyone..

Yep, I've found the online reciept, it was purchased on the 5/09/07.
Just over one year old.
I'll go into the vodafone store tommorrow with that in hand..

And no, its only been out of the phone about 3 times and its never asked for a pin or puk code so its not that ..

And yes it was a First mobile store she went into in centreplace hamilton, even though I asked her to go into the only genuine vodafone store in hamilton at Chartwell shopping centre.



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  Reply # 168988 4-Oct-2008 12:44
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Just went into the real vodafone store at Chartwell hamilton,
explained the situation and they replaced the SIM card free of charge and changed the old number to the new card with no mention of any charges.. Took about 2 minutes all up..

Thanks Vodafone..

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Ultimate Geek


  Reply # 168998 4-Oct-2008 14:07
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It's important to note that Vodafone retains ownership of ALL simcards. When you 'purchase' a new simcard, you are not in fact purchasing the physical card, rather the right to use it. In this case, the CGA doesn't apply. You have no guarantees under law however Vodafone usually comes to the table when it's under 6 months old.


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Master Geek
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Reply # 169000 4-Oct-2008 14:34
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JoeBloggs:

It's important to note that Vodafone retains ownership of ALL simcards. When you 'purchase' a new simcard, you are not in fact purchasing the physical card, rather the right to use it. In this case, the CGA doesn't apply. You have no guarantees under law however Vodafone usually comes to the table when it's under 6 months old.


Yes, on second thoughts, you are right that they retain ownership of all sim cards, you are purchasing the right to use their service. But it is certainally not true that you have no rights under the law. 
The CGA definately applies! The CGA covers the purchase of services too, not just goods. In this case, the SIM card is a nessacary part of the service. 
cafeg:
Just went into the real vodafone store at Chartwell hamilton,
explained the situation and they replaced the SIM card free of charge and changed the old number to the new card with no mention of any charges.. Took about 2 minutes all up..

Thanks Vodafone..



Glad you got the issue sorted. I had hoped they would come to the party. Probably something to do with being a First Mobile the first time.

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Ultimate Geek


  Reply # 169003 4-Oct-2008 14:53
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As you point out, a particularly articulate barrister may be able to make the CGA apply but as I meant to convey - there is no time stipulation. That is with goods, law mandates a 12 month minimum warranty period. There is no such period with services. It's easily argued (and has been many times over) that a reasonable service period with regards to simcards is much less than 12 months. Furthermore, Vodafone stipulates in the terms (which one agrees to upon placing the simcard into a phone), that if for any reason the simcard stops working, it is the responsibility of the customer to purchase another simcard. If this was America, and realist law was more prominent, one may have a case.

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  Reply # 169005 4-Oct-2008 15:14
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nate: And with that, I end my 500th post! Cool

Still just a new kid on the block ah Laughing

joeblogs: It's important to note that Vodafone retains ownership of ALL simcards

So you would think if they own it, they should be responsible for it anyway?? Unless it was willfully damaged of course. Same would be for a sky decoder; if they card dies, I don't think the customer would pay to replace that?




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Master Geek
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  Reply # 169006 4-Oct-2008 15:25
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joeblogs: It's important to note that Vodafone retains ownership of ALL simcards

So you would think if they own it, they should be responsible for it anyway?? Unless it was willfully damaged of course. Same would be for a sky decoder; if they card dies, I don't think the customer would pay to replace that?


Exactly my thoughts - despite the value

Furthermore, Vodafone stipulates in the terms (which one agrees to upon
placing the simcard into a phone), that if for any reason the simcard
stops working, it is the responsibility of the customer to purchase
another simcard.


Vodafone cannot contract out of the provisions of fitness for a particular purpose under the CGA, no matter what they put in their T&C's.

The OP's problem has now been solved, so lets not get off topic and go carry on about the CGA!

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Red Jungle
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Reply # 169017 4-Oct-2008 16:32
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Glad to hear a positive outcome. Great stuff from the Vodafone store.

After all - It's really in their best interest to get you back up and running again ASAP.




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