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Rohmann

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#87729 5-Aug-2011 10:23
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Hello

I bought a phone(parallel imported) and the customer service is ridiculous
(they told me the phone was fixed and come pick it up but it was exactly the same as before, they didnt even bother to check it... I can name at least 10more of these situations)


Does anyone know where I can call to report about these kind of businesses



Thank You

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timmmay
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  #502317 5-Aug-2011 10:25
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I've found their support pretty poor in the past as well. They're a NZ business though, you could just skip all the messing about and take them to small claims court. That would probably get their attention enough that they'd fix things for you without actually having to go to court.

I also find calling the CEO quite effective.



Rohmann

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  #502319 5-Aug-2011 10:30
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I don't want to get into legal issues yet as I don't know

so the shop is a parallel imported shop and I have not stated exactly what shop it is(am I allowed to?)



Any advice would be very grateful as they are just messing with me


Thanks

scuwp
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  #502330 5-Aug-2011 10:51
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I don't see any issues with naming and shaming, provided it is based on facts.

You have not provided enough details to give any specific advice, but if a retailer is not meeting their legal obligations you may have cause to redress under the CGA or Fair Trading Act.

Elevating your complaint to a person higher in the business if possible will only normally be successful if you have a clear and factually based complaint, of course you are free to give your opinion as to attitude, service etc but ultimately ranting will not get you anywhere. Remember to clearly state what you want to make things right, and be reasonable about it!

Small claims court may ultimately be the course of action necessary to get a specific complaint dealt with.

If your complaint is just "this shop sucks" then you can only vote with your feet, and tell everyone you know of your experience so that they may choose to do the same. They tell 2 friends, and then they tell 2 friends etc etc

Good luck





Lazy is such an ugly word, I prefer to call it selective participation





Rohmann

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  #502331 5-Aug-2011 10:55
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Hi
 
I'm supposed to get a refund today(85% of orginial price but excluding the shipping)


I will post a review later so people know how ridicuously they stress and tire people


Also what do you guys think of this though: they told me the phone was fixed and come pick it up but it was exactly the same as before, they didnt even bother to check it...


Thanks

scuwp
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  #502340 5-Aug-2011 11:18
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Rohmann: Hi
 
Also what do you guys think of this though: they told me the phone was fixed and come pick it up but it was exactly the same as before, they didnt even bother to check it...


Thanks


That sounds very poor if that actually was the case.   That said I can appreciate that they would probably just send it away for repair and accept the return of the phone with perhaps a service report as evidence it was fixed.  I doubt many retailers will fully check anything themselves, instead relying on the service agent to say it is "fixed" before passing back to the customer.  

I suggest this happens fairly often, it certainly has happened to me more than once.  



 




Lazy is such an ugly word, I prefer to call it selective participation



timmmay
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  #502380 5-Aug-2011 12:10
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Please describe the problems to us, in an objective way, with a timeframe. Emotion can only count against you when dealing with a company or the courts.

By offering you a replacement I suspect they're fulfilling their legal obligations, so I doubt going to disputes will help you at all.

Rohmann

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  #502384 5-Aug-2011 12:18
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Hello

I bought the phone around March

I have given the shop 2 opportunies to fix my phone(2 weeks, 4 days) and it still has problems


1. The product didnt come with android market installed in the first place
I went to see them about this and they told me to google it its easy - I had to go again explaining I googled and its not easy - after that they took my phone for 2 weeks to install android market

2. After they installed android market there were lots of problems such as certain menus not working and tilting not working in the main browser (there so called technician didn't even bother to open the main brower once) (parallel imported product...)

3. So I had to go again to their shop and they said they will fix it in 4 days now. After 4 days(they even sent an email saying its fixed) I go to their shop and its exactly the same (the people there don't even check if its fixed when they return it)



Now they say they will give me a 20% refund excluding the shipping fee($30) - as thats their terms and conditions
ie: if I bought everything for $800 they are giving me back (800-30)*0.8

Or they will give me a replacement product, which I am refusing as there is a high chance of this happening again and I am sick and tired of having to go to their shop and listen to their excuses, I believe twice is enough to get the job fixed



I have already called Citizens Advice Bereua and they say the shop has to give me a full refund or a replacement

I am wondering what chances I have if I take this to the Disputes Tribunal to get a full refund
(consdering the shop is still willing to give me a replacement after taking my phone away from me 2 times and -
also considering the fact that I never had a fully functioning phone for over 5months now - didn't have android market installed when I received it)


Just personally I must have been to their so called shop about 10 times by now they don't even say sorry for wasting your time and effort either...

Thank You

 
 
 

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timmmay
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  #502387 5-Aug-2011 12:21
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You need to stop being emotive and be more objective. Write them a letter and post it here for us to edit, send it to them, and you'll likely get a full refund. Ranting, complaining, and getting upset is counter-productive.

Rohmann

19 posts

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  #502389 5-Aug-2011 12:24
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Hi Timmany

Thanks for your advice I have just written down objectively everything(I'm sorry for the previous not worthwhile posts - its that I;m afraid they may read this and not even give me 80% refund)



doublehell
110 posts

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  #502392 5-Aug-2011 12:28
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Now they say they will give me a 20% refund excluding the shipping fee($30) - as thats their terms and conditions
ie: if I bought everything for $800 they are giving me back (800-30)*0.8

Or they will give me a replacement product, which I am refusing as I am sick and tired of having to go to their shop and listen to their excuses, I believe twice is enough to get the job fixed



I have already called Citizens Advice Bereua they say they have to give me a full refund or a replacement



First off, they have to be a NZ  business, and trading in NZ.

Citizens Advice Bureau are correct. If they have taken longer than reasonable to remedy the problem, you are entitled to decide how you want it rectified - either a full refund, replacement, or you get it repaired someplace else and they have to pay for the repair.

They cannot contract out their obligations under the consumer guarantees act by stating something other than a full refund.

If they are refusing to adhere to their obligations under the CGA, take them to the disputes tribunal. Good luck!



timmmay
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  #502393 5-Aug-2011 12:29
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If you still want the phone i'd probably give them one more chance, as that seems reasonable. If it comes to you as faulty, or without all the advertised software, then I think you'd be justified asking for a full refund.

I understand your frustration, i'm a lemon magnet - if something can be faulty, I get the faulty one. I really have found you're better off being nice to people, having them identify with your problem, not treating them like it's their fault. Most people will go out of their way to help you if you give them a chance.

rscole86
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  #502395 5-Aug-2011 12:29
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If you are wanting free legal advise, I would not call the CAB as all they can do is read the letter of the law, and give you a black/white answer.
You would be better off consulting your community law centre, and see what they have to say. But, before you do so, you will need to make sure you have that written list of exactly what has happened.

Remember, while a lot of the members here may have experience in similar situations, chances are we are not lawyers, so our advise may help, but may not give you the outcome you desire should it go to court.

uglyb0b
335 posts

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  #502405 5-Aug-2011 12:52
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1. The product didnt come with android market installed in the first place
I went to see them about this and they told me to google it its easy - I had to go again explaining I googled and its not easy - after that they took my phone for 2 weeks to install android market


This sounds very dodgy to me. The only time I have seen this sort of thing is when android is not the stock OS on the device and it is running an unofficial port. Either that or a custom rom is being used that has not had the gapps.zip packages flashed with it. Either way an android phone should not be in this state if it is new.

What brand and model is it?

If you go into settings>about phone, what information is listed in each section? The main ones would be the Android version, baseband version, kernel version, and build number, however there may also be a "mod version" section if this is not a stock rom.

doublehell
110 posts

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  #502408 5-Aug-2011 12:54
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Parallel imports out of the middle east (typically Dubai) don't have Android Marketplace.

There are workarounds to getting it installed, you'll find lots of help if you google it. Depends on the make/model of your phone though.

Rohmann

19 posts

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  #502409 5-Aug-2011 12:57
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Thanks everyone for the advice

I called Citizens Beureu advice again and they say although the shop willing to give me a replacement now they must give a full refund


I called the Community Law Center and they say to call back on Monday when their lawyers are available


I will call on Monday and clarify if I can still win if I take this to the Disputes Tribunal(for full refund) even though they are offering a refund now



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