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Carphone Warehouse UK and phone warranty

DarkWarriorDarkWarrior __BANNED USERS
edited December 2008 in Help / Advice Forum
Hello!

Ok I have a samsung phone that my sister bought me about 4 months ago for my birthday. About two nights ago, my phone starts ringing, my screensaver pops up, I slide up the top and bam, the LCD screen has a big crack down the middle. The shell is intact, not a scratch, its all perfect and yet the screen just pops.

Now I take it to a smaller branch and she says yeah that its warrantied and right for repair but if I do it with them it will take up to 4 weeks while taking it to a bigger one means it'll get done in under a week. We go down there and they just flat out say "No, warranty doesn't cover LCD screens" and despite us reassuring them that its a fucking defect in the phone they're selling, they refuse to refund our money or repair it under warranty instead wanting more money than the phone cost to repair it.

This as far as I can see is unacceptable, theres no way I'm buying a ne wphone when the one they sold us breaks under the use for which it was designed.

Does anyone know what kind of standing I have here? Are they in the wrong? Can you selectively warranty parts? In less than 4 months under what surely must be a defect, can they refuse to repair it?

And help?

...it's in the shape of a giant c**k.
DarkWarrior on

Posts

  • RookRook Registered User regular
    edited December 2008
    This is covered under the sales of goods act. Basically any warranty they offer is independent of basic consumer rules which state the device must work and be free from defects for a reasonable period (which is certainly longer than 4 months).

    However, 4 weeks isn't an unreasonable amount of time needed to conduct the repair. Your best bet is probably go to the smaller branch.

    Rook on
  • DarkWarriorDarkWarrior __BANNED USERS
    edited December 2008
    Rook wrote: »
    This is covered under the sales of goods act. Basically any warranty they offer is independent of basic consumer rules which state the device must work and be free from defects for a reasonable period (which is certainly longer than 4 months).

    However, 4 weeks isn't an unreasonable amount of time needed to conduct the repair. Your best bet is probably go to the smaller branch.

    So there will be a basic warranty on the device that they cannot ignore concerning LCD screens?

    Its the same company so really hte larger store should have no excuse not to repair it if the msaller one willl. Its just that nowadays not having a phone is like not having an arm.

    DarkWarrior on
    ...it's in the shape of a giant c**k.
  • RookRook Registered User regular
    edited December 2008
    Rook wrote: »
    This is covered under the sales of goods act. Basically any warranty they offer is independent of basic consumer rules which state the device must work and be free from defects for a reasonable period (which is certainly longer than 4 months).

    However, 4 weeks isn't an unreasonable amount of time needed to conduct the repair. Your best bet is probably go to the smaller branch.

    So there will be a basic warranty on the device that they cannot ignore concerning LCD screens?

    Its the same company so really hte larger store should have no excuse not to repair it if the msaller one willl. Its just that nowadays not having a phone is like not having an arm.

    Yeah, the sales contract guarantees the device works for a reasonable period of time regardless of what sort of warranty they offer in addition.

    You could explain your predicament to the first store and see if they can call up the larger store or go speak to a manager yourself at the second store. I'd just buy a PayG phone for £10-20 and probably sell it back on ebay or keep it for emergencies.

    Rook on
  • DarkWarriorDarkWarrior __BANNED USERS
    edited December 2008
    Rook wrote: »
    Rook wrote: »
    This is covered under the sales of goods act. Basically any warranty they offer is independent of basic consumer rules which state the device must work and be free from defects for a reasonable period (which is certainly longer than 4 months).

    However, 4 weeks isn't an unreasonable amount of time needed to conduct the repair. Your best bet is probably go to the smaller branch.

    So there will be a basic warranty on the device that they cannot ignore concerning LCD screens?

    Its the same company so really hte larger store should have no excuse not to repair it if the msaller one willl. Its just that nowadays not having a phone is like not having an arm.

    Yeah, the sales contract guarantees the device works for a reasonable period of time regardless of what sort of warranty they offer in addition.

    You could explain your predicament to the first store and see if they can call up the larger store or go speak to a manager yourself at the second store. I'd just buy a PayG phone for £10-20 and probably sell it back on ebay or keep it for emergencies.



    You mean in the interim I assume? THanks for the info on that basic warranty stuff, I suspected that was teh case but I didn't want to go in there with that as my arguement if it wasn't 100% true.

    DarkWarrior on
    ...it's in the shape of a giant c**k.
  • corcorigancorcorigan Registered User regular
    edited December 2008
    Phone up the manufacturer. They'll take it probably.

    My sister's old Nokia did that. Spontaneous screen crack (although I suspect she helped by sitting on it).

    Also, send an angry letter to the regional manager saying his staff are badly trained morons.

    corcorigan on
    Ad Astra Per Aspera
  • DarkWarriorDarkWarrior __BANNED USERS
    edited December 2008
    Thanks for the advice guys, I'll give it a shot and definitely ask for their managers details, will probably scare theh ell out of them. If it really does fail I'll try Samsung.

    If I need more help I shall return!

    DarkWarrior on
    ...it's in the shape of a giant c**k.
  • peilpeil Registered User regular
    edited December 2008
    you shouldnt have to speak to the manufacturer at all - your contract is with the store.

    if they give you any more earache, just call your local councils trading standards dept, tey will sort it out toot sweet

    peil on
    [SIGPIC][/SIGPIC]
  • DarkWarriorDarkWarrior __BANNED USERS
    edited December 2008
    Thanks Peil. I was looking on Wiki about the sale of goods act and that says within 6 months a consumer can expect repair or replacement at no cost if it is not as delivered and agreed in the contract. The contract in my case being able to answer calls without the screen cracking. So I think we have them now. Might as well just ask for a replacement if I can get one.

    DarkWarrior on
    ...it's in the shape of a giant c**k.
  • DarkWarriorDarkWarrior __BANNED USERS
    edited December 2008
    Ok more help is needed. They're basically still refusing to honour the warranty saying that screens are flat out just not covered even though we've said we're entitled to statutory rights because the crack is likely to have been made by impact, so basically they won't do it because they're blaming it on me.

    I think we have them kind of because he said the damage could have happened at any time and then when I fliopped the phone open and it cracked, the damage was finally unleashed. Of course I can argue that it was then this way before it was even sold to me or this wa y when the cashier put the memory card in it for me before I even took possession of the phone.

    The sale of goods act also says that in a limited period, its their duty not mine to prove the fault isn't a defect of the phone itself and is in someway my fault and lastly, he admitted they do not convey at sale that the screen is not covered in warranty, so when they say that I had 12 month warranty, its basically a breach of promise (IMO) because they do not specify exclusions for major components.

    Still, they are resisting, any ideas?

    DarkWarrior on
    ...it's in the shape of a giant c**k.
  • mooshoeporkmooshoepork Registered User regular
    edited December 2008
    Fucking phone companies. I had a similar problem with Nokia. It took me 6 months to get it fixed. Just search Nokia on these boards and you'll see. It took threat of legal action to solve it.

    I don't know your equivalent, but here in AUS we have VCAT (Victorian Civil and Administrative Tribunal). I just went in, said I needed their information as I was pursuing legal action. That made them wake up.

    mooshoepork on
  • variantvariant Registered User
    edited December 2008
    Same thing happened to my Samsung D807, I just woke up one morning and the screen was just white and had a crack in it(how the hell did this happened? it was sitting on the dresser all night), I called ATT and bitched them out and they sent me a new one in exchange for the old one. It happened again and now they won't replace it. I just bought a cheap GO Phone and put my SIM in it, funny, it's been going strong for 8 months now while the Samsungs lasted about 4 months.

    variant on
  • DarkWarriorDarkWarrior __BANNED USERS
    edited December 2008
    Its irritating as fuck, the only reasoning Im seeing here is that theyre blaming me for it without outright saying it. Theres no excuse, anything like this should have a warranty legally, you cant just exclude physical fucking damage.

    DarkWarrior on
    ...it's in the shape of a giant c**k.
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