Dick Smiths Electronics> wont replace or refund

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axcillznanny

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#20302 19-Mar-2008 21:43

I bought a mobile phone from DSE about 6 weeks ago. It retailed at $499 got it for half price.

During writing a txt the screen went blank on me. I tried to take it back for a replacement phone, I was refused replacement or refund.

I have gone through the Consumers Act and contacted Citizens Advice, so I am certain that the law allows a consumer the right to choose replacement refund or repair. It depends on the fault etc.

I am wanting to know whether anyone has experienced probems with trying to get some product replaced etc rather than having to accept their repair/inspection policy first.

I spoke with Barry who claims to be the top of the top at DSE, pretty ghastly experience. He states that this happens all the time and people just bring their phones in to be repaired first. I said to him well perhaps it's because they get this reaction and accept the repair inspection rather than go to court.

I have filed in court but please let me know if anyone has had a problem similar. thankyou.

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#117652 19-Mar-2008 21:50

The CGA gives the retailer the right to repair, rufund or replace. DSE have choosen to repair, and quite rightly so.

The CGA isn't a one way street.

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scottjpalmer

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#117654 19-Mar-2008 22:02

You mention getting it for half price, can we know why this was?

It appears from your description that the fault only occured once?

Scroll down this page and you will see in the Rights and Remedies section that the required action depends on the seriousness of the problem. I would say DSE are well within their rights to classify this as minor - if your your landline call gets dropped or your internet disconnects randomly, do/would you follow a similar line of action as you are with your phone issue?

Of course if there is more to it than it looks I reserve the right to change my above statment(s) :-)

rscole86

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#117656 19-Mar-2008 22:06

DSE are well within their rights to get the phone repaired. What the CGA requires is that you must allow the retailer to remedy your problem in a reasonable amount of time.
If they do not repair (in this case) your phone in a reasonable amount of time, then you can then ask that it gets replaced or your money back.

I am not sure that this happens all of the time? But DSE, like any other large retailer, will repair a alot of items and some customers will demand their money back before allowing the retailer to try and remedy the problem.

natedog

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#117660 19-Mar-2008 22:10

I agree with the above replies. The CGA does not rest all the rights with consumers - it gives rights to both consumers and retailers.

Without knowing the nitty gritty details, DSE will have the right (whether they choose to exercise it or not) to fix the fault within a "reasonable time" before having to offer a refund or replacement under the CGA.

Good luck!

axcillznanny

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#117662 19-Mar-2008 22:13

Wow that was quick nzbnw, please, don't be such an angus guy.....whoa!

Your completely wrong, or you may want to be wrong, you must be in business aye. I checked with Consumer Affairs so I think I am on the right track.

Anyhow, I only wanted to ask people who may have had similar experiences not your mis-take on the Consumer Guarantees.

The thing is, if you pay a good price for something and it does not last a reasonable time then you should be able to get that product replaced or refunded.

EG if I paid $700 for a phone and the screen went blank at 15 days old I have to accept that to be repaired I would not be happy. So, no thanks I paid and expected a brand new phone that would last longer..sorry all business are in the same boat.

pebbles

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#117663 19-Mar-2008 22:19

Look everyone has said it already but it's not their mis-take on the consumers - i worked in a retail store with a case near exactly like this and yes DSE have the right to fix the phone before any replacement or compensation has to be made, your case will not be worth it. The repair times on phones is incredibly quick anyway so by the time you've even heard back from court or gotten anywhere with it it would likely have been fixed and you'd be away laughing.

axcillznanny

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#117664 19-Mar-2008 22:20

Hey Natedogg

Just want a replacement, they should have sold me a $500 phone that was gonna last longer than 6 weeks.

Shucks business would be pretty good if someone is paying full price and getting goods repaired continuously after that.

The Consumer Garantees Act though is pretty clear and it even supplies info for business, it is very helpful.

rscole86

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#117665 19-Mar-2008 22:20

axcillznanny: Wow that was quick nzbnw, please, don't be such an angus guy.....whoa!

Yes he was short and to the point, but he was also correct.

Your completely wrong, or you may want to be wrong, you must be in business aye. I checked with Consumer Affairs so I think I am on the right track.

Sorry, but I think that you may have been mislead, as the link scottjpalmer provided states, DSE do have the right and option to repair the unit first.

Anyhow, I only wanted to ask people who may have had similar experiences not your mis-take on the Consumer Guarantees.

Again he was right, so there is no mistake there.

The thing is, if you pay a good price for something and it does not last a reasonable time then you should be able to get that product replaced or refunded.

I agree, aslong as it fails within a certain amount of time. Most retailers are usually pretty good and will replace a unit within 2-3 weeks.

EG if I paid $700 for a phone and the screen went blank at 15 days old I have to accept that to be repaired I would not be happy. So, no thanks I paid and expected a brand new phone that would last longer..sorry all business are in the same boat.

What do you mean by all business' are all in the same boat? All retailers are yes, and they all (well most of the time) abide by the CGA.

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#117666 19-Mar-2008 22:20

axcillznanny

Your completely wrong, or you may want to be wrong, you must be in business aye. I checked with Consumer Affairs so I think I am on the right track.

No, he knows how to read.

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#117667 19-Mar-2008 22:22

axcillznanny: Wow that was quick nzbnw, please, don't be such an angus guy.....whoa!

Your completely wrong, or you may want to be wrong, you must be in business aye. I checked with Consumer Affairs so I think I am on the right track.

Anyhow, I only wanted to ask people who may have had similar experiences not your mis-take on the Consumer Guarantees.

The thing is, if you pay a good price for something and it does not last a reasonable time then you should be able to get that product replaced or refunded.

EG if I paid $700 for a phone and the screen went blank at 15 days old I have to accept that to be repaired I would not be happy. So, no thanks I paid and expected a brand new phone that would last longer..sorry all business are in the same boat.

Stop being so defensive. nzbnw simply stated facts - he didn't say or imply anything to make him appear angus at all. He is not a very angus person as far as I am aware.

Please carefully read the information that people have freely provided you in good faith. The governments own consumer affairs website states "The trader must choose between repairing the goods, replacing the goods or giving you a refund."

So your checking is clearly and completely wrong.

nzbnws take on the CGA is not a mis-take. He read it, and paraphrased it correctly. He is most definitley not completely wrong.

Don't get so angus, especially without accurate fact-checking, or people may not be so quick to help you next time.

marmel

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#117668 19-Mar-2008 22:22

I am afraid that you are incorrect. I have worked at two large retail chains and do know what the CGA requirements are.

Unfortunately faults with products do occur from time to time and retailers have a right to either repair, replace or refund. The only time you could try and decline a repair is if the product failed in the first week or so or if the time to repair was going to be unreasonably long. In these circumstances the retailer could replace the item or refund your purchase price.

nzbnw

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#117669 19-Mar-2008 22:23

axcillznanny: Wow that was quick nzbnw, please, don't be such an angus guy.....whoa!

Your completely wrong, or you may want to be wrong, you must be in business aye. I checked with Consumer Affairs so I think I am on the right track.

Anyhow, I only wanted to ask people who may have had similar experiences not your mis-take on the Consumer Guarantees.

The thing is, if you pay a good price for something and it does not last a reasonable time then you should be able to get that product replaced or refunded.

EG if I paid $700 for a phone and the screen went blank at 15 days old I have to accept that to be repaired I would not be happy. So, no thanks I paid and expected a brand new phone that would last longer..sorry all business are in the same boat.

Sorry, I didn't mean to come accross this way

It doesn't matter what you paid for the good(s) or service(s), you must give the retailer the option to fix the problem, as others have said. You will find manufactures will provide an OBF (Out of Box Failure) or ELF (Early Life Failure) policy, which may result in your good(s) or service(s) being replaced on the spot. At 6 weeks through, the option chosen by DSE to send the phone to repair is the correct one (in my view).

nzbnw

axcillznanny

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#117674 19-Mar-2008 22:59

OMG, c'mon guys, this is for those haters, like "he can read" guy/gal, here is the law:

Options against suppliers where goods do not comply with guarantees

(1) Where a consumer has a right of redress against the supplier in accordance with this Part of this Act in respect of the failure of any goods to comply with a guarantee, the consumer may exercise the following remedies.
(2) Where the failure can be remedied, the consumer may—
- (a) Require the supplier to remedy the failure within a reasonable time in accordance with section 19 of this Act:
- (b) Where a supplier who has been required to remedy a failure refuses or neglects to do so, or does not succeed in doing so within a reasonable time,—
  - (i) Have the failure remedied elsewhere and obtain from the supplier all reasonable costs incurred in having the failure remedied; or
  - (ii) Subject to section 20 of this Act, reject the goods in accordance with section 22 of this Act.
(3) Where the failure cannot be remedied or is of a substantial character within the meaning of section 21 of this Act, the consumer may—
- (a) Subject to section 20 of this Act, reject the goods in accordance with section 22 of this Act; or
- (b) Obtain from the supplier damages in compensation for any reduction in value of the goods below the price paid or payable by the consumer for the goods.
(4) In addition to the remedies set out in subsection (2) and subsection (3) of this section, the consumer may obtain from the supplier damages for any loss or damage to the consumer resulting from the failure (other than loss or damage through reduction in value of the goods) which was reasonably foreseeable as liable to result from the failure.
Compare: Consumer Products Warranties Act 1977, s 20(1) (Saskatchewan)

Section 22

ailure of substantial character

For the purposes of section 18(3) of this Act, a failure to comply with a guarantee is of a substantial character in any case where—
- (a) The goods would not have been acquired by a reasonable consumer fully acquainted with the nature and extent of the failure; or
- (b) The goods depart in one or more significant respects from the description by which they were supplied or, where they were supplied by reference to a sample or demonstration model, from the sample or demonstration model; or
- (c) The goods are substantially unfit for a purpose for which goods of the type in question are commonly supplied or, where section 8(1) of this Act applies, the goods are unfit for a particular purpose made known to the supplier or represented by the supplier to be a purpose for which the goods would be fit, and the goods cannot easily and within a reasonable time be remedied to make them fit for such purpose; or
- (d) The goods are not of acceptable quality within the meaning of section 7 of this Act because they are unsafe.

Meaning of acceptable quality

(1) For the purposes of section 6 of this Act, goods are of acceptable quality if they are as—
- (a) Fit for all the purposes for which goods of the type in question are commonly supplied; and
- (b) Acceptable in appearance and finish; and
- (c) Free from minor defects; and
- (d) Safe; and
- (e) Durable,—
as a reasonable consumer fully acquainted with the state and condition of the goods, including any hidden defects, would regard as acceptable, having regard to—
- (f) The nature of the goods:
- (g) The price (where relevant):
- (h) Any statements made about the goods on any packaging or label on the goods:
- (i) Any representation made about the goods by the supplier or the manufacturer:
There are considerations to be made, I phone that offers 3 way calling camera etc and the screen goes blank seems pretty substantial.

You know I was hust wondering whether anyone had a similar problem, OMG

Thanks for that last post anyhow nzbnw, came across harsh...algud.

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#117675 19-Mar-2008 23:03

Minor problems

You can ask the trader to fix the goods. The trader must choose between repairing the goods, replacing the goods or giving you a refund.

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freitasm

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#117676 19-Mar-2008 23:04

Where the failure can be remedied, the consumer may—
(a) Require the supplier to remedy the failure within a reasonable time in accordance with section 19 of this Act:
(b) Where a supplier who has been required to remedy a failure refuses or neglects to do so, or does not succeed in doing so within a reasonable time,—
(i) Have the failure remedied elsewhere and obtain from the supplier all reasonable costs incurred in having the failure remedied; or
(ii) Subject to section 20 of this Act, reject the goods in accordance with section 22 of this Act.

So it means you can ask for a repair, and if this cannot be done or the retailer refuses then you can ask for a refund?

You have to give them a chance to repair first, surely?

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