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To think this returns policy isn't fair?

(33 Posts)
ProtegeMoi Sun 21-Apr-13 20:27:40

Bought a nexus 7 tablet from google play for my DD at Christmas, 5 months later it won't hold a charge so I contacted them.

They said they will replace it no problem but they want me to pay for a replacement device then they will refund me in 21 days once I've sent the faulty one back and they have checked it.

I can't afford to do this so I instead said I will send them the faulty one first and wait for the, to receive and check it before they send me the replacement but they say they can't do this. There is no way of replacing it unless I pay for a new one.

This can't be right surely, its not very fair that you are being conned out of your consumer rights because you can't afford £150.

I said if they can't replace it without me paying then I will have a refund but was told you can't have a refund after 15 days so its too late.

Now I have a faulty tablet and no way of getting it sorted as have no money. Dosnt seem fair.

HoHoHoNoYouDont Sun 21-Apr-13 20:30:30

Most items have a manufacturers warranty on them, usually one year. Worth checking with the manufacturer directly.

MrsMangoBiscuit Sun 21-Apr-13 20:31:19

I could understand them not wanting to just swap it without checking, but to refuse to let you send it in to be checked first doesn't sound right. I'm sure someone who knows more about consumer rights will be along, but I'd certainly be chuntering about it not being fit for purpose. angry

suebfg Sun 21-Apr-13 20:31:52

That doesn't sound right to me and I'm sure it would be against the Sale of Goods legislation. Have you checked the terms of the warranty?

fortyplus Sun 21-Apr-13 20:31:54

Presumably the item has a guarantee? They'll want to check it before refunding but shouldn't expect you to pay up front for a replacement. If you're prepared to wait then you are being entirely reasonable.

Write to them again and say that their returns policy contravenes the Sale of Goods Act - the item is not of merchantable quality andf you wish to exercise your right under English law to return it under warranty for repair or replacement.

PioneersAndPirateShips Sun 21-Apr-13 20:32:25

I'm fairly sure that is illegal, you should be entitled to a replacement product and you shouldn't have to pay any more. I would worry that you wouldn't get a refund onceyou parted with more cash. Look up the sale of goods act and check, sorry I can't remember the wording but it sounds like you are in the right

suebfg Sun 21-Apr-13 20:32:51

Some further advice for you

www.moneysavingexpert.com/shopping/consumer-rights-refunds-exchange#law

fortyplus Sun 21-Apr-13 20:32:52

You don't need to check with the manufacturer - your contract is with the vendor.

fortyplus Sun 21-Apr-13 20:35:16

It's reasonable that they should inspect the item. If for example, it was water damaged or dropped then the vendor would not have to replace/refund/repair. Your claim would be based on the item becoming faulty under normal reasonable personal use.

DoJo Sun 21-Apr-13 20:37:11

Items which become faulty within 6 months of purchase are deemed to have an inherent fault unless the supplier can prove otherwise, and I doubt that their returns policy is lawful, particularly as it doesn't stipulate any of this in the relevant section on their website. I would probably contact them and remind them that the Sale of Goods Act doesn't make provision for what they are trying to make you do, and that you expect them to offer a remedy which doesn't unduly inconvenience you (which is covered by the SOGA).

ProtegeMoi Sun 21-Apr-13 20:37:26

They told me I could go direct to ASUS but they will also want me to pay for a replacement as that's the way it works with tablets.

The also say my only guarantee was 15 days for a refund so its replacement or nothing now.

I did mention the sale of goods act saying surely that's not right and the manager told me he had never heard of it! All the staff were American so not sure if they are a UK company or not.

I also understand they don't want to send me a new one while I have the faulty one but I said I'm happy to send it first, happy to pay the shipping and happy to wait. They said no they can't do that.

ProtegeMoi Sun 21-Apr-13 20:38:59

Dojo - on further inspection this is on their website under the faulty returns section, it says they place a hold on the money. Never read it at the time just that it came with a 1 year warranty, it didn't even occur to me I would have to pay anything other than shipping.

LovesBeingWokenEveryNight Sun 21-Apr-13 20:40:46

Op your contract is from the company you purchased it from is that who you are speaking to?

ProtegeMoi Sun 21-Apr-13 20:41:18

It will be 6 months in 2 weeks time, does it count from when I first contacted them about the problem. Just worried by the time I write to them, they argue it and reply etc. it will have passed the 6 month timeframe.

Definately not water damaged etc. it has a g-force case on that is virtually unbreakable. I can see what's wrong, the connection is loose where you charge it so its not charging properly.

ProtegeMoi Sun 21-Apr-13 20:42:07

Yes I bought it from google play that is who I contacted, they want me to you. They said I can contact ASUS the manufacturer instead but they will want me to pay also.

suebfg Sun 21-Apr-13 20:43:44

Their website refers to 15 days but that is for cancellation of contract - that does not mean where goods are defective.

It looks like they are registered in Ireland but their terms state that English law governs.

Extract from their terms - no mention of paying in advance for a replacement!
Defects

If the Device is or becomes defective through no fault of your own, you may be entitled to a refund, replacement, or repair of your Device. Please always refer to the manufacturer for any manufacturer warranty.

'If you have a defective Device, please contact Google Play Support for initial support and follow the returns process to return your defective Device. In some situations Google may refer you to the applicable manufacturer of the Device for support with defects. If Google provides you with a replacement Device, you agree that Google may exchange the defective Device with either a new or refurbished Device. Nothing in this section affects your legal rights.'

Frankly if I had a faulty device, I would not accept a refurbished device! That's rubbish.

ProtegeMoi Sun 21-Apr-13 20:47:02

Didn't see they refurbished device bit, no way!

One sec will find the bit where it says about paying.

ProtegeMoi Sun 21-Apr-13 20:56:31

Hmm can't find it now, maybe it was somewhere else I read it.

The email they sent me for replacement gives me a link to a pre- set checkout to pay for the replacement, it then says they will send me a shipping label with the replacement.

From googling loads have had the same issue.

suebfg Sun 21-Apr-13 21:00:49

Yes, they have some additional terms re the Nexus 7 and its battery life if you scroll down.

I found the following possible solution on the web ...

Hold down the Power button for a full 30 seconds. The Nexus 7 should start up.
If that didn’t work then try this: Plug in the charger and press the Power button and the Volume Down button together. You should see a menu pop up. Use the Volume rocker to go down to Power Off and press the Power button to select it. When the Nexus 7 turns off, remove the charger from the device and then plug it back in again. You should see the battery sign appear if it worked.

ProtegeMoi Sun 21-Apr-13 21:04:27

I have tried that already and no luck sad

It dosnt charge at all, it dosnt turn on at all.

We thought it was the charger at first but have tried the charger from the other nexus 7 we have and nothing.

It shows that it is charging but it never goes up.

The connection is very loose and always has been, it wobbles when you plug the charger in but its never been an issue until now.

travailtotravel Sun 21-Apr-13 21:10:33

Trading standards?

Nps1976 Sun 21-Apr-13 21:40:37

I returned my Nexus 7 direct to Google the day after it was delivered (to Google, as I purchased it from them). They placed a hold on the money but didn't actually take it (not exactly sure how that works - can they actually confirm you have the money??). The new one arrived within 2 days, (mine wasnt refurbished but the original was delivered faulty so I wouldnt have accepted a refurb), they sent packaging for the old one, and then when they received the original back, the hold on the money was released (my bank account never showed any indication of any of money being 'held' so I'm none the wiser as to what it actually entailed). All I know is that no money was ever taken from me and I had the email confirming it was all sorted within about 5 days of initially calling them.

I imagine its set up like that so that you have uninterrupted use of a tablet and don't have to wait for yours to be returned before they send you a new one. Obviously they need a guarantee that you won't scarper with two tablets. For me, this suited me and I was really impressed with their customer service. However, not so great for your situation.

Incidentally, I thought mine wouldn't charge - common fault, and loads have fixed it by removing the back and just pushing the connectors back in like they should have been in the first place. My connectors were very firmly attached, turns out it was charging but I had a faulty screen. We have 2 Nexus 7's here and all connections inside are very secure too so I think that particular fault either only affected one batch or was rectified. If this is your problem, it's very easily fixed.

ProtegeMoi Sun 21-Apr-13 22:30:49

I will try that solution.

The problem with placing a hold on money is that you have to have it in the bank in the first place, which I don't.

Even if its back in 2 days, it isn't there to take in the first place.

I understand they don't want me to scarper with 2 tablets but I have offered to send mine back first! I don't mind waiting for it, I don't need a replacement now.

DamnBamboo Sun 21-Apr-13 22:51:32

Sale of goods act is your friend here

DamnBamboo Sun 21-Apr-13 22:53:20

Here is is explained very nicely

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