To be angry with this Amazon seller.

[lollilou]

Dh brought a mobile phone for my birthday in October it has stopped working completely.
So I thought no problem the seller will replace/refund. Very slow response to my emails the seller wanted the imei no which I didn't have (dh got rid of the amazon packaging to wrap it). I assumed the emails we had would be proof of purchase. Not according to the seller no number no refund. I have escalated my case to Amazon now and I'm hoping they can help.
But this is part of an email I received today.
its buyer responsibility to follow the instructions,even we sold and selling brand new phones only ,mobile phones gets faulty depends on usage only,,you bought this in october and informing about faulty in january,that means phone is worked fine from started till 3 months,in between whoever used phones is responsible for fault right? we sold brand new phone and you used it from october without any problem and in january you having problems because of usage right? hope you understand sorry for inconvenience that we can't help in this issues
So It's my fault the phone is broken because I used it!

[SavoyCabbage]

What do you mean no number? If you mean from your order details, all your amazon orders can be viewed in your account for years.

This Christmas I trawled through mine to see what books I had bought for my nephew for the last two Christmases.

[Joules68]

Who was that email from? Not amazon I assume

[SuburbanRhonda]

This may not help solve the whole problem, but to find out a phone's IMEI number, type *#06# on your keypad and the number will be displayed on the screen.

You're welcome

[MikeLitoris]

The imei number is on the phone. Take the battery out and there is a long number in there.

If it was brand new would it be covered by manufacturer warranty?

[PoirotsMoustache]

Imei number is usually on the phone, beneath the battery

[PoirotsMoustache]

Sorry, x-posted

[Choccybaby]

If it was bought on credit card and us more than £100 you can contact the cc company and get your money back.
If debit card try asking for charge back.

[lollilou]

I have sent him the imei no from the phone (got dd to take the back off and read it out twice) but he keeps saying that it is a different imei number that was on the paper invoice. So that is a lie?

[ilovepowerhoop]

I agree that the IMEI number is on the phone or can be brought up on screen using the characters typed previously. Amazon will also have a record of all purchases made through them so your dh will have all the details on his amazon account.

[ilovepowerhoop]

sounds like a dodgy seller in the first place. Good luck with getting the money back as if he is a Market Seller and not Amazon itself then they dont usually get involved.

[lljkk]

DD's phone, bought in September, failed a few weeks ago, I just got a replacement from an Amazon seller -- no charge. I will copy the email I sent back after they initially fobbed me off, just a sec.

[lollilou]

Joules68 the email was from the seller as the phone was brought through Amazon but from the marketplace.
It was just over £100 and we can't afford to replace it so I am phoneless

[lljkk]

Here, and do chase up TS if they don't sort their act fast. Don't faff around with parts-numbers any more, just tell them how it is. I wrote:

Thank you for your prompt reply.

I am under the impression that if an item is purchased brand new in the UK, that under Sales of Good Act 1979, if it becomes faulty within six months of purchase that the fault is presumed to lie with the product and to have existed from new. More specifically, in the case of a phone purchased outright and not used under contract it is the responsibility of the retailer to compensate for the fault by means of a refund or exchange.

This item was purchased less than six months ago, so the retailer is (you are) still responsible for any faults it may have that were not caused by wear and tear.

Please let me know if you disagree with my assessment of my consumer rights and I will contact Trading Standards to clarify the situation.

Kind Regards,

[ilovepowerhoop]

are you directing the emails through the Amazon Communications Manager? as you should be using that rather than personal email details

[HaroldLloyd]

You can open a dispute with amazon if you go into your order history.

Amazon are usually pretty hot on customer service so I'd imagine they would come down on your side.

You have a receipt and the phone I think they are fobbing for sure.

[Lottiedoubtie]

That's a great email lljkk . Send that OP, and keep trying trough Amazon as well.

[Onesleeptillwembley]

Reading that reply you got - did you buy it from abroad? Or was it shipped from abroad? I suggest you take it up with amazon direct.

[bodgerthebadger]

The Sales of Goods Act requires that goods must be of satisfactory quality and fit for purpose. You're entitled to a refund, repair or replacement provided you report the defect in a reasonable period of time. If this takes place in the first six months (sounds like it has) then the seller needs to offer this unless the seller can show that the defect was due to your misuse or damage (e.g. you've dropped the mobile in water). After 6 months, it is harder to get a refund as the onus shifts onto you the buyer to prove that the fault is due to an inherent defect on the product. However, as you only bought the phone in October the seller ought to offer a refund, repair or replacement (assuming you haven't done anything to damage the phone). Easier said than done though if you bought online and your only correspondence is via email, but do remind them of the SGA, and suggest reporting them to the OFT if they refuse to comply with their obligations under law. Good luck!

[lollilou]

Yes, all communication through Amazon C M.
I have spoken to Amazon live chat and hoping they will resolve it.
lljkk thanks for that I have copied and sent it to the seller only without the kind regards.

[ChunkyPickle]

You should also try contacting trading standards - there are strict rules about who is liable for faults and how long something should last.

If the seller is outside the EU that could be difficult though - and I don't know what liability Amazon accepts for this sort of thing.

[bodgerthebadger]

Note: if there's an inherent fault in the product (assumed to be the case in the first 6 months unless there are signs of damage caused by you) then retailer also needs to pay or refund the full (reasonable) cost of postage. So make sure you get that back too! Retailer may simply be unaware of their legal obligations under law (many are) rather than a dodgy retailer. I've come across a few large retailers who, surprisingly, had no idea about their obligations under the SGA.

[Caitlin17]

What make is it? Also are you in an an EU country? A new phone will have a manufacturer's warranty which is usually 2 years. You can get it repaired under that. I bought a new phone in FNAC in Brussels, it became faulty twice, first time after a couple of months, second time at about 18 months. I couldn't take it back to Brussels so I logged on the website for the manufacturer and sent it to them. It was repaired by their authorised dealer in the UK.

Tip, don't ever throw out the box a phone or tablet comes in and the invoice until the warranty period has expired. It makes life much easier.

Hopefully Amazon might sort this out but definitely check the manufacturer's warranty too. I would expect when you go on to the manufacturer's site you will be asked to enter the IMEI which should identify the model of your phone.

Unfortunately the email from the seller sounds very ropey. In future if you're buying something like a phone online I'd stick to someone like Expansys or Clove or Carphone Warehouse.

[lollilou]

Hi I'm in the uk and thought the seller was too maybe not going by the emails.
The phone is a htc desire.

[Caitlin17]

www.htc.com/uk/support/warranty-statement.html

Check the warranty here.

[lljkk]

"Kind Regards" is taken by Americans as the most ironic* way to sign off, and means "I'm being very polite when I don't know you from Adam or care a toss about you really".

*yes, Americans DO understand irony! We just prefer sarcasm.