An online purchase.
Posted: 01 November 2011 03:58 PM  
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Hello everyone.

My wife and I just bought two phones via Unlocked Mobiles.com.
Now since the phones arrived one of them is not functioning properly ie touch screen not working very well.
I contacted the company we bought them from and they simply replied, “you can take it to the manufacturer under warranty”. Nothing else.

How do I stand, living here in Spain and having bought this product online (from an English company)?. Does the seller just wash his hands of the matter? Do they have no responsibilities for faulty products they sell?

You attention greatly appreciated.

Tony

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Posted: 01 November 2011 07:21 PM   [ # 1 ]  
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phlaaps hi…

Is the website hyphenated? ie unlocked-mobiles.com or is it all one word unlockedmobiles?

Only reason I ask is that the unhyphenated version goes to a series of holding pages which normally means something dodgy is afoot AND in this case a whois check gives no relevant information.

The hyphenated version appears to be legit but I would have distinct reservations about using them Their returns policy covered under their T’s & C’s is much too restrictive… money back certainly but minus deductions…

The fact that you are in Spain should make no difference. If it isn’t working properly your first point of contact for returns is the supplier, not the manufacturer. You should consider talking to the Consumers Association in the town where the company is located.

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Posted: 01 November 2011 09:19 PM   [ # 2 ]  
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Hi Foxbat, thanks for the response.

The site is hyphenated and based in Solihull. Yes I see what you mean with their returns policy.

Can you point me to the exact law where it states the vender?s responsibilities?

Again, thanks.

Tony

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Posted: 01 November 2011 10:57 PM   [ # 3 ]  
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you jist bought the phone off them ... was there chip inclued ?

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Posted: 01 November 2011 10:59 PM   [ # 4 ]  
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YES - When you buy something online, you have seven working days after receiving it to decide whether or not to keep it. You don’t need to give any reason. Simply inform the seller that you wish to cancel your order - they must give you a refund. This refund will include any costs you paid to have the item delivered to you.

However, you must cover the cost of shipping the unwanted product back to the seller.

FAQs - Online shopping

  * Online shopping
      o Returns and cancellations
      o Repairs, replacements, refunds
      o Auction sites
      o Safety

These questions were put to and answered by a European consumer advice service. Do you have questions of your own? Contact your local European Consumer Centre.

  *
    Returns and cancellations
    Five weeks ago I ordered an out-of-print book online. It was bought for my husband’s birthday, which has passed without my receiving the order. What can I do?

    If a product you order is not delivered within 30 days, you can cancel the order. If you have already paid, the seller must give you a refund within 30 days.
    I bought a kitchen table from a catalogue but now I’ve changed my mind. Can I cancel my order?

    YES - You have seven days to change your mind and cancel your purchase. This is true whenever you buy goods outside a shop - for example by phone, fax, mail order or on the internet. The seven-day period starts from the moment you receive the goods.
    I bought a ticket for a U2 concert online. It turns out I can no longer go. Can I get a refund?

    NO - Although you have a seven-day period in which to cancel purchases made online or through other methods of distance selling (such as phone or mail order), there are exceptions for holiday, travel, accommodation, and leisure-services bookings. For these types of online purchases, the seller does not have to give you a refund if you cancel your order.

    However, the seller’s own terms and conditions may allow you to cancel and receive a full or partial refund. Read the small print of your contract to see if this is the case.
    I bought some music tracks online that I immediately downloaded. There are a few I do not like, but I have already paid for them. Can I ask for a refund on those tracks? I bought them only yesterday.

    NO - Even though the seven-day “cooling off” period for online purchases is not yet over, by downloading the tracks you have bought a service and have already used it. You cannot cancel a service which has already started, with your agreement.
    I have received a camera that I bought online, but it is not what I expected. I’m concerned because I’ve already paid for it. Can I send it back for a refund?

    YES - When you buy something online, you have seven working days after receiving it to decide whether or not to keep it. You don’t need to give any reason. Simply inform the seller that you wish to cancel your order - they must give you a refund. This refund will include any costs you paid to have the item delivered to you.

    However, you must cover the cost of shipping the unwanted product back to the seller.

    You should also be aware that distance selling legislation does not apply to online auctions or to financial services, transport, accommodation, catering or leisure-services bookings.
    I ordered a CD that I never received. I contacted the seller, who says it is the postal service that is responsible, not him. Is he right?

    NO - The seller is responsible for the delivery of your purchase. It is the seller who must contact the delivery service and prove that the product was delivered. If the seller cannot prove this, they must send you the product again or give you a refund.
  *
    Repairs, replacements, refunds
    Goods that I bought online weren’t delivered/arrived damaged, what can I do?

    When you shop online, you have the same rights as when you buy in a shop:
      o if you buy goods that are of unsatisfactory quality, you may be entitled to have them repaired, replaced, refunded or reduced in price - depending on the circumstances.
      o any information about goods or services should be accurate and not misleading. If you have been given false or misleading information, you may be entitled to a refund.

    Check the terms and conditions and the returns policy of the seller’s website. Contact them to explain the problem and ask for a solution. If you don’t get a satisfactory response and the seller is based in the EU, you can contact the European consumer centre in your home country.

from the EU website ... you can report then to the website aswell

http://ec.europa.eu/youreurope/citizens/shopping/online-shopping/faq/index_en.htm#c0801262483b66f37

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Posted: 02 November 2011 12:38 AM   [ # 5 ]  
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I bought the phones 3 weeks ago….and one doesn?t work to satisfaction….it wasn?t damaged in any way.

So is the vender out of the picture and I have to go to the manufacturer?

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Posted: 02 November 2011 01:47 AM   [ # 6 ]  
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whats wrong with the phone ?

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Posted: 02 November 2011 01:37 PM   [ # 7 ]  
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It?s a Nokia C2 02 and the touch screen doesn?t work properly.  For example you press the “my photos” key and nothing happens. This happens with a lot of the options. It can make and receive calls ok…it?s just the navigation of the phone which is faulty.

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Posted: 03 November 2011 12:52 PM   [ # 8 ]  
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Hello. Is there specific legislation that I can refer to which states my position with regard to faulty goods.

Does the website company?s Ts and Cs take precedent over any such law? (Their terms state I have to contact the manufacturer!!)

Surely if it is like buying a product in a shop then the contact is with the shop(in this case website) and in turn they are responsible.

Clarification would be greatly appreciated.

Many thanks.

Tony

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