Geekzone: technology news, blogs, forums
Guest
Welcome Guest.
You haven't logged in yet. If you don't have an account you can register now.


mushion22

297 posts

Ultimate Geek

Trusted

#33517 7-May-2009 12:52
Send private message

Hiya chums. 


I need some consumer law advice. I'm pretty sure this would all be contracted and disclaimed out but i'm interested to know the details.


So customer A takes a mobile phone into retailer B for repair, the same retailer that they bought said phone from X number of days ago (X being a number of days that is less than the maximum reasonable time that the phone should be fault free for). 


The phone has a bunch of personal data on it, as well as content purchased from the same retailer (ringtones). The phone was sold on the basis that such content was available.


B sends the phone to a third party repair agent C to be repaired. C says that they will erase everything of the phone including all content, contacts, data etc. A signs a service ticket from C that clearly states a warning to that effect.


C then repairs the phone, deleting all data in the process, and returns it to B, who returns it to A. 


Now, what I am interested in is whether the CGA includes the cost of restoring that data that was deleted as part of liability for costs incurred due to the fault. Ie, the cost of repurchasing the ring tones and applications.


The examples typically used are when a washing machine breaks, the customer has to use a laundrette and the retailer of the machine must repay the laundrette costs.


I would liken this to other electronic devices where they were sold on the proviso that they can run additional applications. Eg if a computer breaks, does the retailer have to cover the cost of restoring the data? (I assume not). 


Are there any precedents for these types of situations?






Create new topic
freitasm
BDFL - Memuneh
79263 posts

Uber Geek

Administrator
ID Verified
Trusted
Geekzone
Lifetime subscriber

  #213146 7-May-2009 12:59
Send private message

I am not sure of precedents, but common sense would be to have a backup. Most computer repair (HP, Acer and even third party) will make you sign an agreement where you allow them to completely wipe your HDD to install a new image as part of their "repair". And most agreements will say clearly you, the customer, are responsible for keeping a copy of your personal data.

Of course there are lots of people who don't bother with little things such as backup... Until too late to do one.




Please support Geekzone by subscribing, or using one of our referral links: Samsung | AliExpress | Wise | Sharesies | Hatch | GoodSyncBackblaze backup




mushion22

297 posts

Ultimate Geek

Trusted

  #213156 7-May-2009 13:12
Send private message

Definately, backups are important. However for cell phones some things like ring tones/music can't always be backed up.

Also, the CGA is not contractable. Ie it's provisions can't be waived by signing a disclaimer etc.

BrentR
1315 posts

Uber Geek

Trusted

  #213225 7-May-2009 16:34
Send private message

If you've purchased the ringtones legitimately then you should be able to retrieve those same ringtones/music from the same supplier at no cost. At least this has been my experience.



paradoxsm
3000 posts

Uber Geek

Trusted

  #213256 7-May-2009 18:22
Send private message

Try and see if you can re-download the content free of charge again.

If it's considerable cost, contact the companies helpdesk, if it's recent, they can view the charges and *may* credit those affected.

If not, learn how to use some simple tools (mp3directcut/GiMP) that let you edit/trim your own ringtones/images, then you can use/transfer your ringtones/images however you choose.

rscole86
4973 posts

Uber Geek

Moderator
Trusted
Lifetime subscriber

  #213267 7-May-2009 18:52
Send private message

Also, mobile phone repairs also can, at a non refundable cost, attempt to back up and transfer all of your settings/images/ringtones/contacts. However, if they succeed and your phone faults again, and they determine your content is to blame, then your warranty will be voided on the phone for any related repairs.
If they cannot get the content back, then you still have to pay their labour. Hence most people do not offer it, or go ahead with it.

Byrned
455 posts

Ultimate Geek


  #214157 11-May-2009 17:05
Send private message

Going from your example I would believe the retailers responsibility under the CGA falls at providing the mobile phone back to you in the same software as they originally provided when it was sold to you. However I could be wrong...

Create new topic





News and reviews »

Air New Zealand Starts AI adoption with OpenAI
Posted 24-Jul-2025 16:00


eero Pro 7 Review
Posted 23-Jul-2025 12:07


BeeStation Plus Review
Posted 21-Jul-2025 14:21


eero Unveils New Wi-Fi 7 Products in New Zealand
Posted 21-Jul-2025 00:01


WiZ Introduces HDMI Sync Box and other Light Devices
Posted 20-Jul-2025 17:32


RedShield Enhances DDoS and Bot Attack Protection
Posted 20-Jul-2025 17:26


Seagate Ships 30TB Drives
Posted 17-Jul-2025 11:24


Oclean AirPump A10 Water Flosser Review
Posted 13-Jul-2025 11:05


Samsung Galaxy Z Fold7: Raising the Bar for Smartphones
Posted 10-Jul-2025 02:01


Samsung Galaxy Z Flip7 Brings New Edge-To-Edge FlexWindow
Posted 10-Jul-2025 02:01


Epson Launches New AM-C550Z WorkForce Enterprise printer
Posted 9-Jul-2025 18:22


Samsung Releases Smart Monitor M9
Posted 9-Jul-2025 17:46


Nearly Half of Older Kiwis Still Write their Passwords on Paper
Posted 9-Jul-2025 08:42


D-Link 4G+ Cat6 Wi-Fi 6 DWR-933M Mobile Hotspot Review
Posted 1-Jul-2025 11:34


Oppo A5 Series Launches With New Levels of Durability
Posted 30-Jun-2025 10:15









Geekzone Live »

Try automatic live updates from Geekzone directly in your browser, without refreshing the page, with Geekzone Live now.



Are you subscribed to our RSS feed? You can download the latest headlines and summaries from our stories directly to your computer or smartphone by using a feed reader.