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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 18777
Experience:  32 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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I purchased a Nokia Lumia 710 on 22/9/2012. The brief I gave

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I purchased a Nokia Lumia 710 on 22/9/2012. The brief I gave the sales persons was I wanted a phone I could text, make call with and that would take good pictures. I explained that I wasn't that techno savy, so I want a phone that was easy to operate. Since the purchase I have had a number of problems, not being able to send or recieve photos, not being able to send group texts and getting unexpected imobile internet data charges. Many of more techno savy friends have tried and failed to workout the problems.
I have made 4 trips to the store I purchased it from. ( I live 45minutes from Thames the nearest town). Mostly with TIME they have been able to PARTLY solve my problems. Recently my phone would not charge, so I took it back. I asked for a refund as I have lost confidence in this phone. The saleperson tried to fix it by scraping the terminals inside the charging port with a stapler. This did not completly resolve the issue so he insisted that the phone be sent away to be repaired. Now I get a letter asking to pay $200 to have the phone fixed and $55 for the assessment. They state that the problem "is physical damage to the data connector". I have been careful with my phone and charged it in the normal manner. I believe that the data connectotr were never exactly square in the charge port and perhaps the damage could have been caused by the well meaning salesperson. I am dissatified with the phone, it is definitely not meeting my need as described early. Can I legally demand my money back?
Submitted: 11 months ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 11 months ago.

Chris The Lawyer : Hi and welcome. My first response will follow shortly. Please feel free to follow up if anything is not clear.
Chris The Lawyer : If this phone requires repairs at this cost, then on top of the other failures of performance, it does look like a replacement in my view.
Chris The Lawyer : The test under the Consumer Guarantees Act is whether the faults are major, and this does appear to be a significant figure for the repairs, and a fairly substantial proportion of the cost.
Chris The Lawyer : So I would tell them that this latest failure, on top of the performance issues, is the last straw and you want replacement or your money back.
Customer:

At my last visit to the store I told the the salesperson that I have lost faith in this phone and want my money back. He insisted that he couldn't give me my money back and it would need to be sent away for repair.

Customer:

I do intend to ask for money back tomorrow, what do I say if they refuse. Do I legally have the right to demand my money back? If so what part of of the consumer guarantees act do I quote.

Chris The Lawyer : At your next visit you should tell him the Consumer Guarantees Act means because this phone is just not adequate and is now defective, he must do so. Suggest if he doesn't you will go over his head, or to the Disputes Tribunal
Chris The Lawyer : You should cite sections 5 and 6 of the Act. 5 says goods must be of acceptable quality and 6 says, and I quote
Chris The Lawyer : 7Meaning of acceptable quality(1)For the purposes of section 6, goods are of acceptable quality if they are as—(a)fit for all the purposes for which goods of the type in question are commonly supplied; and(b)acceptable in appearance and finish; and(c)free from minor defects; and(d)safe; and(e)durable,—as a reasonable consumer fully acquainted with the state and condition of the goods, including any hidden defects, would regard as acceptable, having regard to—(f)the nature of the goods:(g)the price (where relevant):(h)any statements made about the goods on any packaging or label on the goods:(i)any representation made about the goods by the supplier or the manufacturer:(j)all other relevant circumstances of the supply of the goods.
Chris The Lawyer : Your options are under sections 18 and 20, to refund or replace
Customer:

Can they insist I take a replacement phone? I don't ever what other Nokia phone. I want my money back.

Chris The Lawyer : Your remedies under the act are
Chris The Lawyer : (3)Where the failure cannot be remedied or is of a substantial character within the meaning of section 21, the consumer may—(a)subject to section 20, reject the goods in accordance with section 22; or(b)obtain from the supplier damages in compensation for any reduction in value of the goods below the price paid or payable by the consumer for the goods.(4)In addition to the remedies set out in subsection (2) and subsection (3), the consumer may obtain from the supplier damages for any loss or damage to the consumer resulting from the failure (other than loss or damage through reduction in value of the goods) which was reasonably foreseeable as liable to result from the failure.Compare: Consumer Products Warranties Act 1977 s 20(1) (Saskatchewan)
Chris The Lawyer : So you can ask for money and not the phone
Customer:

They will claim that I some how damaged the data connector. How do I counter that arguement?

Chris The Lawyer : You should be firm and tell them you did not, and think it may have been the sales person
Customer:

Thank you. This is the information I needed

Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 18777
Experience: 32 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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