Asda won't refund/exchange faulty phone without charger? Is this correct?

[rhysd1309]

Hi.

 

Just having a few issues trying to return a phone purchased from Asda. It has recently started turning itself off, and Asda accept that it is faulty.

 

However, they refuse to repair/exchange it as I haven't got the charger. (The charger didn't hold itself in phone from day 1 so it went in the bin)

 

Surely they cannot refuse this claim just because the charger and original sim is missing!

 

The phone is only a month old. They say that there polocy has to be in line with the law. Surely the law is on my side here!

 

Thanks for reading.

 

Rhys.

[Bazooka Boo]

Dear oh dear!

 

A store quoting the LAW, whatever next, selling mental patient outfits for halloween??

 

I would ask them to tell you exactly what Law they are referring to which states that they cannot exchange the phone, because there isn't one!

 

Speak to the manager, explain that the item was purchased at the store, and that the charger was defective and went in the bin, although I personally would have returned it to the store on that note alone.

 

I am guessing you have the receipt and proof of purchase?

If they still sell the item, then I would think common sense would say just do a one for one swap, it's the phone that's faulty not the charger or sim...

[rhysd1309]

Yep. Already had the manager down, getting a laminated a3 piece of paper with their returns policy on it.

 

Got the receipt and everything! They say the manufacturer won't accept it back, so Asda will lose money. I've lost money!! Lol

 

I'm actually sat in the mcdonalds next door hoping to get a reference to some consumer law, so I can march back in on my high horse.

 

True, should have sent it back with faulty charger. My bad, I had a few spare samsung style chargers lying around, and didn't think!

[rhysd1309]

And lol on the Halloween. Missed that one.

[gordies]

Is it a current model and still on sale in Asda?

[Bazooka Boo]

SOGA will cover it, have a read up on it..

[BRIGADIER2JCS]

Emm without the complete package as sold i.e. charger, phone and sim, I would not expect the retailer to offer a replacement or refund.

 

A customer cannot just 'bin' components of a package and then expect a replacement, this is beyond unreasonable.

[Surfer01]

The store is correct as it was bought as a complete package. It is all or nothing and as you have not got the charger, they are not obliged to exchange it.

[Bazooka Boo]

There you go then..

[rhysd1309]

Surely it should at least be repaired? I'm not claiming the charger or sim to be faulty, just the phone they have sold me. So, not really expecting a full refund, just a handset replacement or forint to be repaired.

 

Thanks again.

[BRIGADIER2JCS]

You bought a package 'binned' part of it IMO you have no claim, your story changes, you have stated that 'the charger was binned now you say it was not faulty.????????

[BRIGADIER2JCS]

I've taken a look at the paperwork for a new mobile package that I have and it clearly states that if there are problems the packaging, phone and ALL accessories supplied with MUST be returned otherwise the warranty is invalid.

[dx100uk]

don't sit too happy with this

its only 10days old

 

its nowt to do with any warranty.

 

they can and could take the charges from the new one they give you

put it with your faulty phone and send it off

 

as for the sim, the same thing can happen

 

I think its immaterial to it being exchanged.

 

dx

[rhysd1309]

You bought a package 'binned' part of it IMO you have no claim, your story changes, you have stated that 'the charger was binned now you say it was not faulty.????????

 

Brigadier, I think you are confused. My charger is well and truly in the bin. I said that in my case, I am only claiming the phone is faulty. This just doesn't seem right. I don't want the charger repaired, there is nothing wrong with the sim. Why do they need the lot back to exchange/repair it!

 

Also "A customer cannot just 'bin' components of a package and then expect a replacement, this is beyond unreasonable.' I think it's pretty unreasonable a phone has broken within weeks of ownership! I don't want a full replacement, they can keep the charger and sim, they can even get the phone repaired if they want.

 

If I brought a new car, and the engine blew up a week later, would my warranty be void if I threw away the mats that came with the car? This seems stupid!

 

Thanks for input.

Edited September 29, 2013 by rhysd1309

[BRIGADIER2JCS]

Have you kept paperwork that came with the package?

 

So you haven't binned the charger an ever changing story.

[fletch70]

Who is the manufacturer of the phone. Have you tried to contact their customer services.

 

I believe that the clause saying everything must be returned is if a swap or refund is required not for a faulty piece of equipment

[MaxxPower]

The problem here is that the faulty charger may have contributed to the fault with the phone, but without that part for testing it's now impossible to tell.

I agree with Brigadier that Asda are in the right here. If you want to return a product for a repair/replacement then you need to provide the whole package, not just part of it.

[BRIGADIER2JCS]

Who is the manufacturer of the phone. Have you tried to contact their customer services.

 

I believe that the clause saying everything must be returned is if a swap or refund is required not for a faulty piece of equipment

See post 17#

[ashmk]

I agree Asda are being fair. If it were the other way around I'm sue you would want the whole package back. You could try buying a genuine charger on ebay and returning it with that.

[fletch70]

We still do not know the manufacturer of the phone. In the past I have found Samsung for example to have given excellent customer service , they repaired a camera free of charge without the need to see the charger or battery etc.

I agree it was foolish to throw away the charger and the phone should have been returned at that point which is why I suggested the manufacturer.

 

Brig, it is also unreasonable to expect someone to return all the original packaging if something is faulty whatever the T&C's say . In this case the SOGA would over ride that wouldn't you say?

[rhysd1309]

I agree Asda are being fair. If it were the other way around I'm sue you would want the whole package back. You could try buying a genuine charger on ebay and returning it with that.

 

Could try that I suppose. Only problem then is I have thrown away the pay as you go SIM and the box that came with it aswell.

 

Might aswell make it a hatrick by the looks of things then and bin the phone aswell!

 

Brig, I don't mean to be rude, but I'm struggling to make it any more clear that this is not an ever changing story. I haven't implied once that I still have the charger. If I have, it's clearly hypothetically.

 

I'll just accept the fact that it can't be repaired.

 

Apple have great customer service (apart from having to make an appointment). When my iPhone broke, I just took the phone (not the charger, box, earphones) and they replaced it there and then. They didn't ask for proof of purchase or anything.

[rhysd1309]

Oh, the manufacture is Samsung BTW.

[BRIGADIER2JCS]

We still do not know the manufacturer of the phone. In the past I have found Samsung for example to have given excellent customer service , they repaired a camera free of charge without the need to see the charger or battery etc.

I agree it was foolish to throw away the charger and the phone should have been returned at that point which is why I suggested the manufacturer.

 

Brig, it is also unreasonable to expect someone to return all the original packaging if something is faulty whatever the T&C's say . In this case the SOGA would over ride that wouldn't you say?

 

It is most certainly not unreasonable to require the packaging of a phone there is always information on the box in regard to the phone.

 

Every phone I've had from the very first big black brick type required this.

[fletch70]

I would give samsung customer services a call , you never know your luck. As I said I found them very good

 

Brig Any info on the box can also be found on or in the phone. I have to defend the OP and say I can not see anywhere where the story changed and with respect if feel you are being disingenuous with both your comments on his posts and my posts

[steveod]

It is most certainly not unreasonable to require the packaging of a phone there is always information on the box in regard to the phone.

 

Every phone I've had from the very first big black brick type required this.

 

 

so if you bought a 66" TV with a 5 year warranty and at 4 years it went faulty and you tried to send it back to supplier without the original box, and they refused, that would be reasonable?

so everyone has to keep all packaging for everything they buy in case it goes faulty - Tvs, dishwashers, fridges, ovens? SoGA does not state that anywhere as far i have read.