21-06-2013 11:23 AM
Hi there. I had an HTC One X with a faulty headphone jack. It could not be repaired, and the agent replaced the phone. However I do not want to risk the same fauly occuring and would like a different phone. I was not given these options as per the CGA (http://www.consumeraffairs.govt.nz/for-consumers/law/consumer-guarantees-act/got-a-problem-with-good...)::
If the problem is serious
If the problem is a serious one (the goods are unsafe, or substantially do not meet acceptable quality, fitness for particular purpose, or description or sample), you can choose to:
Both your helpline and store staff insist that I do not have the option of a cash refund/voucher refund. Can you please clarify your policy for me, I feel like I'm getting the run around.
Thanks in advance, Jeff
21-06-2013 11:28 AM - edited 21-06-2013 11:36 AM
If the problem is ' serious ' faulty head phone jack would not be considrered ' serious '
If the handset had been back a number of times with the same issue then maybe but handset was replaced
21-06-2013 11:46 AM
Hi John, thanks for your prompt reply. If I can't listen to music or make a phone call through my smartphone without headphones, I would conisder that a serious fault don't you agree?
Again, quoting the act:
If the problem is a serious one (the goods are unsafe, or substantially do not meet acceptable quality, fitness for particular purpose, or description or sample),
I do not want to risk this fault occuring again, hence I want a different phone. Heck, I'm even willing to pay more to upgrade.
I should have mentioned it also had the well publicised wifi hardware issue, but according to the paperwork they didn't acknowledge or attend to that.
I've had an account with Vodafone for 14 years, and the service I've been receiving over the last two weeks has been disappointing at best. All I'm after is for Vodafone to fulfill their legal obligations and keep a long standing customer.
21-06-2013 12:01 PM
Did you mention to them the WIFI issue? Under the CGA the retailer has the oppotuniary to resolve the issue which what has been done as noted above,
Handset was swapped out does the handset you have now suffer from the WIFI issue or the head phone jack issue? You can't use the CGA cause ' something ' might happen again
Vodafone has fulfill their legal obligation and resolved the issue with the head phone jack point, You are only quoting part of the CGA that suits you,
21-06-2013 12:03 PM - edited 21-06-2013 12:04 PM
Quote from CGA
When you have bought a product that doesn’t meet one of the guarantees you have the following rights:
You can ask the seller to fix it. The seller must choose between repairing the goods, replacing them, or giving you a refund.
21-06-2013 12:21 PM
21-06-2013 12:24 PM
For clarification for the wifi issue, I neglected to mention the fault in the store as I was in a rush. When I got home half an hour later I called the store to make sure the wifi fault was also made aware of. I asked the employee to cc me in on the email, he assured me we would, which didn't happen. One of the many things gone wrong, however irrellevant to our main point of conjecture.
John, firstly you are choosing to define the problem as minor. I don't mean to be snarky, I understand your position is to keep Vodafone's best interests, but I use my phone for music and phonecalls in the headphone jack every day. That to me is a fundamental requirement of the phone. And the wifi issue is clearly major. Both faults were not occuring when I first purchased the phone, but both are well publicised, and both happened with my unit. I have reasonable cause to believe at least one of these faults will occur in the life cycle of my replacement phone (which by the way seems to be a refurbished unit which adds to my concern).
Seocndly even in your quote (with the caveat you believe the faults are minor, I maintain they are major in which case I can request a refund), you didn't underline the part where it says if it's a minor fault the seller has the option to refund me. As I said, I'm not trying to scam cash out of Vodafone, and I understand you need to protect Vodafone's interests, all I want is a voucher refund to put towards upgrading to a different phone.
I don't think it's too much to ask for common ground, even if we can't agree on the technical nature of the faults. Do you have the discretion to help me here?
21-06-2013 12:28 PM - edited 21-06-2013 12:33 PM
As advised by yourself above the agent has replaced the handset, Does the replacement have any issues with WIFI or the head phone jack?
If you have a issue with the quality of the replacement handset then please speak to the store / agent
21-06-2013 12:39 PM
Hi josemendia. The faults are well publicised so I have sold reason to believe it will happen again, especially since the replacement unit is refurbished, not new. I know a different model of phone won't be guaranteed to be faultless, but to me the faults are major enough for me to do what I can to mitigate the potential of those particular faults.
The fact that I think it might happen again of course is irrelevant, as the CGA states (again call me crazy I'm calling them major faults) I should have been given THE OPTION to choose from:
I know it's cheaper for Vodafone to just throw a second hand phone at me and send me out the door, but I'd like to not be bullied and be given my rights. I'm really not here for the sake of arguing, I just don't want to be causing a scene in a store for the sake of staff and me!
21-06-2013 12:39 PM - edited 21-06-2013 12:41 PM
You call that a serious failure?
Handset still powered up, You can make calls / send SMS / use mobile data / GPS still worked,
serious would be the handset 100% fails or explodes in your hand or just falls apart from bad build quality
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