Matt H
Member
Registered: 11th Sep 01
Location: South Yorkshire
User status: Offline
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"It is the seller, not the manufacturer, who is responsible if goods do not conform to contract."
Taken from http://www.dti.gov.uk/consumers/fact-sheets/page38311.html
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abdus
Member
Registered: 23rd Feb 06
User status: Offline
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the main question is between whom the contract is:
answer:
buyer and seller...you don't have a receipt from the manufacturer, but from the retailer.. which is the CarPhone warehouse here
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mattk
Member
Registered: 27th Feb 06
Location: St. Helens
User status: Offline
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Dunno if you remember my mate Ste Kat, Big lad Short hair, hairy chin 
His LG Chocolate did that, they sent it back to LG 4 weeks ago to be fixed, its not been returned yet 
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bubble
Member
Registered: 24th Jan 04
Location: Darwin, NT Australia.
User status: Offline
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quote:
Originally posted by BarnshaW
quote:
Originally posted by bubblevaux
quote:
Originally posted by craig8
quote:
Originally posted by bubblevaux
quote:
Originally posted by Marc
You have a years warranty. They will probably say you have to return it to LG but you have a right to depand they replace it.
incorrect-the warranty lyes with the manufatcurer-the store are well within their legal rights to do nothing about it-unfortunatley its one big complaint we get every day
but the contract of sale is with the shop, so it is the shops responsibility to have it repaired or replace it as stated in the sale and supply of goods act
incorrect. contract is with service provider-the shop are merely agents-any Phones4U, carphone warehouse or other mobile shop do not sell contracts-they merely advertise them. we have loads of complaints everyday about p4u and cpwh-but legally all they have done is supplied a phone from the manufacturer.
its like buying a 6 month old car from a bloke down the road and taking it back to him when it breaks-it dont work like that-u take it back to the manufacturer.
actually ur incorrect, from a legal stance your monetry contract is with your retailer, so if u purchased the phone from phones for you then your contract is with them, ur comparison with a car is wrong.
if you buy a new car from a dealership or something and it goes wrong then ur contract is with the dealership NOT the manufacturer
believe me, part of my job is contractual sales.
you are wrong with what you say. the only two jobs i have had in my life were with vauxhall doing along with other work, warranty claims, and for vodafone.
and believe me-shops are not responsible for faulty phones-manufacturers are-its consumer law.
sales of goods act does apply-and its the manufacturer who r responsible
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Kathryn W
Member
Registered: 12th Oct 03
Location: Widnes, Cheshire
User status: Offline
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It didnt happen at all yesterday, but did it this morning
If it does it again then im certainly taking it back!
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Kellye
Member
Registered: 23rd Aug 06
Location: southport, Drives:
User status: Offline
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Kathryn, its exactly like mine. Did it at different times then one day it stayed a weird colour even when I turned it on and off. I'd take it back and get it sorted.
Mine got fixed but on saturday it started again. So next time it does it am gonna take mine back and say I want a new phone lol but I doubt they will give me one. Its just one of them things I suppose.
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Kathryn W
Member
Registered: 12th Oct 03
Location: Widnes, Cheshire
User status: Offline
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Yeah ill take it back when i get the chance then give it me mum or summat and ill get a new one
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Kellye
Member
Registered: 23rd Aug 06
Location: southport, Drives:
User status: Offline
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I asked my sis is she wanted mine  . But i kinda slipped up when the screen went funny so she said no way.
Ahhh well.
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ChazSXi
Member
Registered: 26th Jan 03
User status: Offline
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quote:
Originally posted by bubblevaux
quote:
Originally posted by BarnshaW
quote:
Originally posted by bubblevaux
quote:
Originally posted by craig8
quote:
Originally posted by bubblevaux
quote:
Originally posted by Marc
You have a years warranty. They will probably say you have to return it to LG but you have a right to depand they replace it.
incorrect-the warranty lyes with the manufatcurer-the store are well within their legal rights to do nothing about it-unfortunatley its one big complaint we get every day
but the contract of sale is with the shop, so it is the shops responsibility to have it repaired or replace it as stated in the sale and supply of goods act
incorrect. contract is with service provider-the shop are merely agents-any Phones4U, carphone warehouse or other mobile shop do not sell contracts-they merely advertise them. we have loads of complaints everyday about p4u and cpwh-but legally all they have done is supplied a phone from the manufacturer.
its like buying a 6 month old car from a bloke down the road and taking it back to him when it breaks-it dont work like that-u take it back to the manufacturer.
actually ur incorrect, from a legal stance your monetry contract is with your retailer, so if u purchased the phone from phones for you then your contract is with them, ur comparison with a car is wrong.
if you buy a new car from a dealership or something and it goes wrong then ur contract is with the dealership NOT the manufacturer
believe me, part of my job is contractual sales.
you are wrong with what you say. the only two jobs i have had in my life were with vauxhall doing along with other work, warranty claims, and for vodafone.
and believe me-shops are not responsible for faulty phones-manufacturers are-its consumer law.
sales of goods act does apply-and its the manufacturer who r responsible
correct....shops are agents. any warranty issues you take up with the manufacturer!
the car issue is a tad different tbh, but with anything phones etc. its often quicker to go straight to the manufacturer, as the shop will only do the same. therefore double handling it!
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craig8
Premium Member
Registered: 31st Dec 04
Location: Glasgow
User status: Offline
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quote:
Originally posted by bubblevaux
quote:
Originally posted by craig8
quote:
Originally posted by bubblevaux
quote:
Originally posted by Marc
You have a years warranty. They will probably say you have to return it to LG but you have a right to depand they replace it.
incorrect-the warranty lyes with the manufatcurer-the store are well within their legal rights to do nothing about it-unfortunatley its one big complaint we get every day
but the contract of sale is with the shop, so it is the shops responsibility to have it repaired or replace it as stated in the sale and supply of goods act
incorrect. contract is with service provider-the shop are merely agents-any Phones4U, carphone warehouse or other mobile shop do not sell contracts-they merely advertise them. we have loads of complaints everyday about p4u and cpwh-but legally all they have done is supplied a phone from the manufacturer.
its like buying a 6 month old car from a bloke down the road and taking it back to him when it breaks-it dont work like that-u take it back to the manufacturer.
you are wrong, research the sale and supply of goods act, the contract of sale is with the shop the product was bought from, not the manufacturer, it is the shops responsibility to send the phone away to be repaired, if i bought a new car from arnold clark it would be covered under a manufacturers warranty, but i would still be taking it back to arnold clark for them to repair the warranty fault wouldnt I?
thats because my contract of sale is with the place that i bought the product from, not the manufacturer
E36 328
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BarnshaW
Member
Registered: 25th Oct 06
User status: Offline
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under the sales of goods act ur contract is with ur retailer. you will have a warranty with the manufacturer BUT your monetry contract is with your retailer. you bought it from the RETAILER not the manufacturer
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Marc
Member
Registered: 11th Aug 02
Location: York
User status: Offline
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quote:
Originally posted by Kathryn W
It didnt happen at all yesterday, but did it this morning
If it does it again then im certainly taking it back!
My old phone started working when I decided to take it back too! Get it taken back!
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abdus
Member
Registered: 23rd Feb 06
User status: Offline
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quote:
Originally posted by bubblevaux
believe me, part of my job is contractual sales.
you are wrong with what you say. the only two jobs i have had in my life were with vauxhall doing along with other work, warranty claims, and for vodafone.
and believe me-shops are not responsible for faulty phones-manufacturers are-its consumer law.
sales of goods act does apply-and its the manufacturer who r responsible
you are doing what you were told to do...(contractual sales). doesn't mean it is the correct thing being done, but I don't mean you (not doing your job properly) 
But the so-called agents are trying to get away and most people just accept it when you tell them that the contract is not with you...
The contract IS with the agent..
The warranty IS the manufacturer's warranty
the duty to repair IS on the agent who will have to send it to the manufacturer for repair.
Same applies to anything that have been bought in a supermarket or comet/pc world etc....When the item breaks down, you go back to where you bought it, the latter will then arrange for the manaufacturer's warranty to apply
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bubble
Member
Registered: 24th Jan 04
Location: Darwin, NT Australia.
User status: Offline
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quote:
Originally posted by abdus
quote:
Originally posted by bubblevaux
believe me, part of my job is contractual sales.
you are wrong with what you say. the only two jobs i have had in my life were with vauxhall doing along with other work, warranty claims, and for vodafone.
and believe me-shops are not responsible for faulty phones-manufacturers are-its consumer law.
sales of goods act does apply-and its the manufacturer who r responsible
you are doing what you were told to do...(contractual sales). doesn't mean it is the correct thing being done, but I don't mean you (not doing your job properly)
But the so-called agents are trying to get away and most people just accept it when you tell them that the contract is not with you...
The contract IS with the agent..
The warranty IS the manufacturer's warranty
the duty to repair IS on the agent who will have to send it to the manufacturer for repair.
Same applies to anything that have been bought in a supermarket or comet/pc world etc....When the item breaks down, you go back to where you bought it, the latter will then arrange for the manaufacturer's warranty to apply
i may be getting my wires crossed here actually....was the phone bought on its own or as a mobile phone contract??
if bought for cash ie outright sale, then store yeah, but if give free as part of an airtime agreement(like a mobile phone contract) stores DONT have to do anything.
its like with mobile operators-if your N95 breaks the mobile operator dont have to repair or replace(majority will though to keep custom) they can simply refer to manufacturer.
we dont do it, but it can be done.
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abdus
Member
Registered: 23rd Feb 06
User status: Offline
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quote:
Right my mum bought me a phone for christmas from the carphone warehouse.. cost her £180 it was the LG Chocoloate..
£180, I would say on its own...
[Edited on 12-06-2007 by abdus]
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abdus
Member
Registered: 23rd Feb 06
User status: Offline
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and yes, regarding the Contracts (Pay monthly) esp when they are free, then you have to revert back to your Service Provider
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