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3 posts

Wannabe Geek


# 81145 8-Apr-2011 21:22
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Was looking for a screen protector for my Ideos X5 and went to the 2degrees store in Te Awa at The Base in Hamilton. Saw that they only had one type of screen protector in stock and asked the sales assistant about whether it would be suitable for the X5. She read the product details and said “it says it’s for smartphones as well so it should be fine”. Decided to not ask her to open the packaging so that I could check for myself since she seemed sure that it would fit my X5 (big mistake). Bought it, then discovered that it was way too small for the X5 (packaging was misleading as the actual screen protector was much smaller than the packaging). Asked for a refund and was told that they can’t do refunds (which is an issue in itself as I've never been to a store that couldn't do refunds).

Sales assistant also tried to say that she never said that it would be suitable for the X5 and that she didn’t mislead me even though I had explicitly stated my concerns about whether it would be suitable for my X5 phone and asked for her opinion. She also talked about how she bought the exact same screen protector for her phone and it was the right size, then compared her phone with the X5 and said it should be fine as they are a similar size (which was completely irrelevant as her phone display is much smaller than the X5 display, furthermore the bought screen protector isn't even big enough for the display part of the X5 let alone the face of it).

This was a breach of the Consumer Guarantees Act (goods will be fit for any particular purpose named by the consumer) but I decided it wasn't worth pursuing further as the sales assistant was being very avoidant and it would probably be too much effort for $10. Not happy at all though. Won’t be buying from the Te Awa 2degrees store ever again which is a shame as I had been there before and gotten great customer service.


Has anyone else ever tried to get a refund from the 2degrees store in Te Awa?

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  # 456956 9-Apr-2011 10:04
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She probably has a U8150 im guessing, as this is what i heard they were giving their retail employees, which is a lot smaller.

The no refunds is probably some kind of policy but i agree with you, if she says it should be fine when you showed her the size of your

I don't see why they didn't just refund you to alleviate such a small issue. Screen protectors are worth pretty much nothing to them.

Its understandable on cell phones, as no place will refund cell phones, however on something as basic as this i'm surprised.

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2degrees

  # 456976 9-Apr-2011 11:07
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Hi, sorry to hear about this. The Te Awa branch does have the ability to offer refunds however we need to get the full details so we can follow this up.

Please can you PM me your details and time, date of store visit.

Many thanks
^POB

 
 
 
 


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  # 456980 9-Apr-2011 11:39
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While refunds are something nice to have, there's no breach of any act.

Most retail stores would accept exchanges. Stores that offer refunds (such as DSE) do so on their own good will, since they don't have to.









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Wannabe Geek


  # 457182 10-Apr-2011 10:26
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I should indeed have asked for an exchange as an alternative solution but at the time I was too dumbstruck at the sales assistant's response and how she wanted me to leave with the problem unresolved.

http://www.consumer.org.nz/reports/consumer-guarantees-act/the-guarantees:
Retailers and other such suppliers guarantee their goods will: ...Be fit for a particular purpose that you asked about.


http://www.consumer.org.nz/reports/consumer-guarantees-act/putting-it-right:
If the problem is minor, and can be fixed, the retailer can choose to either repair, replace or refund.

... If the problem cannot be fixed, or cannot be put right within a reasonable time, or is substantial, you can:

... Reject the product and choose a replacement of the same type or similar value or a full refund of your purchase price

...When you have the right to reject the goods, sellers cannot just offer a credit note. If you want a refund, you are entitled to it - by cash, cheque or credit card charge reversal.


Substantial means: ...The goods are substantially unfit for purpose.


Though I'm not 100% sure on whether my problem is "substantial" I thought it was interesting that if the problem is substantial, buyers are entitled to a refund (of the non-credit note type) from the seller and that this is stated in the Consumer Guarantees Act.



Please can you PM me your details and time, date of store visit.


Will do.


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Ultimate Geek


  # 457185 10-Apr-2011 10:37
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If you made it clear at the time of sale that it was for a certain type of phone and it doesn't work/fit, then it is 'not fit for purpose' and thus you are entitled to a refund.

2DegreesCare know this and are obviously going to sort you out.

Good work 2DegreesCare.




.....c'mon sucker lick my battery........
binary solo...0000110000110000111...

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  # 457199 10-Apr-2011 11:24
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The thing is... "Fit for purpose" for me is more related to packaging, instructions.

For example, if you look at the box and it says "Perfect for your Ideos X5" and when you open it the item doesn't actually fit the Ideos X5... Then it's not fit for purpose. The same if you read the instructions and it says plug the cable to your Ideos X5 to charge, then you find out that instead of 5V the thing actually outputs 12V and it blows the X5, then again it's obviously not fit for purpose.

But when asking a sales person about a product and the answer is "it says it's for smartphones as well so it should be fine" then obviously the person doesn't know and I wouldn't blame the product at all. The product itself is still fit for its purporse. Obviously the sales person has no idea what's the product specifications.

My point is that yes, you should be able to get something back based on being sold a wrong item. But the item itself is not at fault.







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Wannabe Geek


  # 457200 10-Apr-2011 11:34
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I do agree with you that the product by itself is not to blame. I am interpreting "fit for purpose" as meaning fit for the specific purpose for which I asked about (to protect the screen of my X5 phone). As in, I made the purpose of what I wanted the product for clear to the sales assistant but it did not end up being 'fit for purpose' (as it did not fit my X5 phone screen).

 
 
 
 


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  # 457250 10-Apr-2011 16:56
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Its worth mentioning that the way in which the person described it to you is very important, as if they are making a claim that a product does X (fits your phone) and it doesn't, then theres nothing wrong with the product, the sales person is simply making a false or misinformed claim
This heavily depends on their wording however.

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