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Is my contract of sale with the online store or the item supplier?

5 replies

HowdoIgetbacktothe80s · 04/03/2023 14:33

At the end of November I purchased a grade A/premium iPhone X from the online store Very.
The phone has never felt right since I had it but I’ve been used to android phones so thought it was just a case of having to get used to an iPhone.
However, a few weeks ago the screen on the phone went black, it was still on as I could hear notification sounds and if someone rang me I would hear a ring tone. I tried charging it, turning on off, looked on YouTube etc but I could not resolve the issue.
I contacted Very and was informed the phone was supplied by an outside refurb company, Very couldn’t help me and I was to contact this company. I did this and was told to send the phone to the company, which I did.
A week later I got an email from them to say they have sent me a completely another phone (an iPhone XS), no information to say why this was or even if I wanted this as an option.
I received the phone last week and this appears to be faulty too. It seems to be possessed and has a mind of its own. For example, I am currently sitting at my kitchen table (typing on my iPad). At the same time I try to telephone my son, the phone starts calling him then seconds later flicks to calling my dd! Then seconds later turns the torch on and proceeds to flick through a variety of screens and websites!!?? All whilst sat flat on my kitchen table without a human hand touching it.
I have since researched this refurb company only to find the online reviews appalling. Most reviews have one star and all say the company are shockingly inept and customers have no idea why Very are associated with them.
I am trying to ring Very right now although that is a task in itself as the reception on the phone keeps dropping out (everyone in our household are with Tesco mobile and I am the only one with issues so it must be an issue with the phone).
I have had enough tbh and need a reliable phone as my dm has Alzheimer’s and I need access to my parents 24/7.
Who should I be complaining to? Very or the refurb company?
Tbh, I just want to cancel the order completely, I have lost faith and don’t want to spend another 2 weeks without a phone.
I haven’t paid for it yet as it was on a buy now pay a year later offer so can I just cancel and return this faulty phone?

OP posts:
HowdoIgetbacktothe80s · 04/03/2023 14:39

Forgot to mention. On the Very site it says the phone is non-returnable due to their Approval Guarantee (not sure what that means?).

Is my contract of sale with the online store or the item supplier?
OP posts:
Shroedy · 04/03/2023 18:06

The default is that the retailer is your point of contact and I can't see anything that would mean that Very were not responsible.

Having Googled, Very's approval guarantee is a right to return within 28 days. That's not relevant here as your right to return / refund on a faulty good is nothing to do with that and is a statutory right.

It could be that the customer service rep is badly trained or confused but insist the item is not fit for purpose and unsatisfactory quality and you want a refund. Your contract is with them.

SinnerBoy · 04/03/2023 18:10

Yes, your contract is with the shop. Lots of shops will try to fob you off, to avoid refunds / replacements.

Unless they state that it's second hand and sold as seen, they must make good. Their terms don't over-ride the law.

I'd demand a refund and bin them off.

SleekMamma · 04/03/2023 18:12

Look at the receipt you got from very. Who is on there as the seller?
If you paid money to Very then they sold you the item.
Raise a chargeback on them (if you bought on a credit card).
And raise a complaint as well.

HowdoIgetbacktothe80s · 04/03/2023 18:33

Great, thanks everyone. I will contact Very again.

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