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Bought a phone from spark, 20/11/17 (yesterday) does not do…

Customer Question
Bought a phone from...

Bought a phone from spark, 20/11/17 (yesterday) does not do what the old one did, I don't want it, want to get a refund and get another type. Spark say "bugger off" we do not exchange phones or give refunds for such reasons as I have outlined above. Is this a legal standpoint for Spark? Thankinh you

Lawyer's Assistant: What state is this in? And just to clarify, when was the purchase made?

Yesterday 20/11/17, it is brand new, just it is not what I want as a phone , there are better ones easier to work than that oine, just want to exchage even if I have to pay more, thats not a problem

Lawyer's Assistant: Have you contacted the manufacturer?

Yes, spark say they don't give exchanges for the resasons I supplied

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No, just this spark need some serious competition

Submitted: 8 months ago.Category: New Zealand Law
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11/21/2017
Solicitor: Chris The Lawyer, Lawyer replied 8 months ago
Chris The Lawyer
Category: New Zealand Law
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Solicitor: Chris The Lawyer, Lawyer replied 8 months ago

There are some circumstances where you can return a phone and ask for a refund. If you wanted this phone to do certain things, and discussed this with the salesperson, but then subsequently discovered that the phone does not have the functions you need despite promises that it would be adequate, then you can ask for a refund under the Consumer Guarantees Act. There would need to be a very substantial difference in performance from what you are promised before you would have grounds.

You would not be able to just change your mind after buying the phone and ask for it to be replaced. There needs to be a substantial defect or that the phone does not perform as promised. So if you have grounds as I have described that there were problems or that it did not perform as promised, then Spark should take the phone back.

If you bought this phone using finance, then you do have the right to cancel the contract within five working days. This is separate from the rights under the Consumer Guarantees Act

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