I shouldn't have to accept reconditioned should i

Stu9 · 28th January 2014, 12:53

I just got an tex from 02 saying that my phone can't be repaired and they they're sending a reconditioned one up for me pick up at the local shop. Mine didn't have a mark on it, and told them i didn't want recon, i want a new one as that's what a warranty's for ie if they can't fix, they replace with new....am i wrong

humphshumphs · 28th January 2014, 13:01

I think it depends on the terms of the warranty. (I know with computer printers, a couple of companies state that you get a manufacturer refurbished as a replacement, but whenever I have done that, you would never know it wasn't new.)

If it has been refurbished to as new, then I don't think I would worry, but if not, then I wouldn't accept it.

billericaymgxpower · 28th January 2014, 13:06

Quote:

Originally Posted by Stu9

I just got an tex from 02 saying that my phone can't be repaired and they they're sending a reconditioned one up for me pick up at the local shop. Mine didn't have a mark on it, and told them i didn't want recon, i want a new one as that's what a warranty's for ie if they can't fix, they replace with new....am i wrong

I would look at the terms and conditions of your contract as that will determine the contracted terms. However, my understanding is that if you purchase an item and it is not fit for purpose then you are entitled to a refund. Should you agree to a replacement then I believe that THIS IS TO BE ON A LIKE FOR LIKE BASIS. Therefore, if your purchase was that of a new phone then the replacement must be the same. However, be cautious of accepting anything that you are not totally satisfied with as once accepted, it is just that i.e. you have demonstrated acceptance which fulfils the law of contract.

Contact your local authority and speak to trading standards department who are there to assist in these matters. Mobile phone companies are notorious in circumventing consumer rights.

Stu9 · 28th January 2014, 13:09

If it's like for like ie "as new" as mine was (got photos to prove and said that to them) then i suppose fair enough, but if not...as you say, trading standards will get a call

billericaymgxpower · 28th January 2014, 13:25

Quote:

Originally Posted by Stu9

If it's like for like ie "as new" as mine was (got photos to prove and said that to them) then i suppose fair enough, but if not...as you say, trading standards will get a call

That's right but was yours "as new" or "new"? If purchased new then it would be reasonable to expect the replacement to be the same. Whilst a reconditioned unit may be ok and it may be acceptable to you, the fact remains that it is not "new" and in itself may not have the same manufacturers warranty of that of a new one. Also be aware of the difference between reconditioned and refurbished.

Stu9 · 28th January 2014, 13:28

It was new, bought from them a year ago, and been in a rubber and screen protector from it left then, like i say, i've got close ups and told them...see what comes back and take it from there

Meant to say, HTC have a 2yr warranty so have 1 left

doopydug · 28th January 2014, 14:23

I believe they are perfectly within their rights to offer recon after a year of use

Stu9 · 28th January 2014, 14:33

Ok, but to look and work with it, you wouldn't think so, it's as new...like i say, see what comes back

billericaymgxpower · 28th January 2014, 15:22

But is it just within or beyond the year.

SapperGB · 28th January 2014, 15:23

Quote:

Originally Posted by Stu9

Ok, but to look and work with it, you wouldn't think so, it's as new...like i say, see what comes back

Bought a year ago? are you sure they still manufacture that model? a year is a lifetime in mobile phone world

28th January 2014, 12:53	#1
Stu9 Loves to post None at the moment Join Date: Jul 2011 Location: Ayr Posts: 372 Thanks: 0 Thanked 10 Times in 8 Posts	I shouldn't have to accept reconditioned should i I just got an tex from 02 saying that my phone can't be repaired and they they're sending a reconditioned one up for me pick up at the local shop. Mine didn't have a mark on it, and told them i didn't want recon, i want a new one as that's what a warranty's for ie if they can't fix, they replace with new....am i wrong

28th January 2014, 13:01	#2
humphshumphs I really should get out more....... No longer a Rover Owner Join Date: Jan 2011 Location: As far east as you can go in the UK and not get wet feet. Posts: 2,273 Thanks: 404 Thanked 309 Times in 246 Posts	I think it depends on the terms of the warranty. (I know with computer printers, a couple of companies state that you get a manufacturer refurbished as a replacement, but whenever I have done that, you would never know it wasn't new.) If it has been refurbished to as new, then I don't think I would worry, but if not, then I wouldn't accept it. __________________ Richard. No longer a 75 owner as my tourer made it to the moon, and died on it's way back. But 1/4 million miles ain't bad.

28th January 2014, 13:28	#6
Stu9 Loves to post None at the moment Join Date: Jul 2011 Location: Ayr Posts: 372 Thanks: 0 Thanked 10 Times in 8 Posts	It was new, bought from them a year ago, and been in a rubber and screen protector from it left then, like i say, i've got close ups and told them...see what comes back and take it from there Meant to say, HTC have a 2yr warranty so have 1 left Last edited by Stu9; 28th January 2014 at 13:35..

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28th January 2014, 13:09	#4
Stu9 Loves to post None at the moment Join Date: Jul 2011 Location: Ayr Posts: 372 Thanks: 0 Thanked 10 Times in 8 Posts	If it's like for like ie "as new" as mine was (got photos to prove and said that to them) then i suppose fair enough, but if not...as you say, trading standards will get a call

28th January 2014, 14:23	#7
doopydug Posted a thing or two Rover 75 Saloon Join Date: Nov 2013 Location: Fife Posts: 1,595 Thanks: 88 Thanked 269 Times in 235 Posts	I believe they are perfectly within their rights to offer recon after a year of use

28th January 2014, 14:33	#8
Stu9 Loves to post None at the moment Join Date: Jul 2011 Location: Ayr Posts: 372 Thanks: 0 Thanked 10 Times in 8 Posts	Ok, but to look and work with it, you wouldn't think so, it's as new...like i say, see what comes back

28th January 2014, 15:22	#9
billericaymgxpower Posted a thing or two MG ZT, Nissan Patrol, Volkswagen Touareg, Vauxhall Frontera Join Date: Jan 2014 Location: Billericay Essex Posts: 1,024 Thanks: 401 Thanked 174 Times in 138 Posts	But is it just within or beyond the year.