Recieved Damaged Mobile Phone

[Gary]

I bought a mobile phone from an online very well known Australian company and after unpacking it and charging it up I noticed a crack in the top right corner of the screen. I immediately sent a follow up query alerting the company and included a photo. I didn't hear anything so I contacted them via online chat next morning. They requested I take more photos and then it was passed to another who requested more photos and then sent emails with barcoded attachments for sending the product back.
I asked if they were sending a replacement seeing as they were asking for the product back. the reply was "after an assessment". I am not happy about this. I have done everything they asked re pics of damage at angles pics of box, barcodes, serial numbers etc etc. Surely they can see I have a defective product and as this is a new item purchased in good faith I thought that they would have to replace it.They were alerted instantly so ive hardly had chance to turn it on. And I don't feel good about them wanting the phone sent back but receiving no replacement...I was told that they should send replacement and delivering driver then takes a return consignment back to sender....what exactly are my rights here? should I be sternly and addamently requesting a change over? do I have to have the original packaging because if I don't have it then that is an issue, (I do have it but my friend says Australian consumer law says you do not have to have original packaging so just want to confirm if she is right) I guess basically what are my rights regarding purchasing goods that are defective upon inspection, what are my rights re: them wanting me to pack it back up and send back?
any help at all would be a godsend...thanks

 

[Scruff]

Firstly, you do need to send the item back before the company can replace it for two reasons:

1. you didn't buy two phones, therefore the company is under no obligation to send a second one until they get the first one back, and
2. you are essentially making a warranty claim - the company has to assess that claim and they need to be able to assess the damage in order to do that. They are under no obligation to replace the item until that happens.

So yes, you do need to send it back first.

In regard to original packaging, you don't need it by law, but it does help. The reason for this is that it helps the company determine how the item may have been damaged in the first place, which is important to the company. For example, if the company is getting a lot of returns for damaged items that have been sent out using a specific courier, than they will eventually come to the conclusion that the courier is reckless, give them the boot, and use someone else. That helps everyone.

When you send the item back, do your best to pack it exactly as it was packed when it arrived. If the packaging was damaged in any way when it arrived, then be sure to include a note describing that damage in as much detail as you can. Again, this will help the company to determine if the damage occurred in transit or maybe even before being dispatched.

I know it can seem like they're making you jump through hoops, but the more you co-operate and the quicker you get the item back to them, the quicker you'll get the replacement. The most important thing is that you notified them straight away - and that always helps. I know it's inconvenient, but you just need to be patient, because there is a process that has to be followed.

 

[Gary]

Firstly, you do need to send the item back before the company can replace it for two reasons:

1. you didn't buy two phones, therefore the company is under no obligation to send a second one until they get the first one back, and
2. you are essentially making a warranty claim - the company has to assess that claim and they need to be able to assess the damage in order to do that. They are under no obligation to replace the item until that happens.

So yes, you do need to send it back first.

In regard to original packaging, you don't need it by law, but it does help. The reason for this is that it helps the company determine how the item may have been damaged in the first place, which is important to the company. For example, if the company is getting a lot of returns for damaged items that have been sent out using a specific courier, than they will eventually come to the conclusion that the courier is reckless, give them the boot, and use someone else. That helps everyone.

When you send the item back, do your best to pack it exactly as it was packed when it arrived. If the packaging was damaged in any way when it arrived, then be sure to include a note describing that damage in as much detail as you can. Again, this will help the company to determine if the damage occurred in transit or maybe even before being dispatched.

I know it can seem like they're making you jump through hoops, but the more you co-operate and the quicker you get the item back to them, the quicker you'll get the replacement. The most important thing is that you notified them straight away - and that always helps. I know it's inconvenient, but you just need to be patient, because there is a process that has to be followed.

 

[Gary]

hello thank you so much for your feedback. I have also spoken to the ACCC who have advised that if the amount of time reqeuired to assess process and resend seems excessivet I can state that in a formal letter and advise what outcome I would prefer. The company has quoted upto 14 business days for the assessment by there highly trained technicians. then in tweest possible 14 business ldays for the technical team to assess. Then if need be they will arrange a replacement to be sent. So then ontop of that there is the shipping Batman

 

[Scruff]

Yep, 14 days sounds about right. Like I said, it's inconvenient but you just need to be patient. If it's damaged, then I'm sure they'll replace it no problem.

 

[Marek Stary]

Absolutely agree with the guy upper. Such cases are often solved easily