Faulty Phone - Supplier Accusing Us of Lying and Refusing to Refund

drisbel on 30/03/2016 - 10:03
Last edited 30/03/2016 - 11:25 by 1 other user

Hi all,

I don't post here often but i'm hoping someone here can help with my situation. I'll try keep it as short as possible.

My fiance purchased a Nexus 5x from an 'Australian' website (it ended up being shipped from Hong Kong) in mid-February.
She initially ordered a Blue one, but was then emailed a week later saying they were out of stock, and to pick a Black or White one. She chose White.

On Feb 26, it finally arrived - but Black, not white. However this was the least of the issues. The charger was wrong and we would need to buy an adapter.
Once we turned the phone on, we immediately got an error message saying the device was corrupted. It eventually moved on from this screen, something about 'Encryption unsuccessful'. Basically these 2 screens continued to loop, couldn't do anything to stop it (I have images of all these screens that i can provide if need be). Tried Factory Resetting, but didn't resolve the issue. I looked up the problem online, it seemed to only happen when people tried to load a custom ROM onto the device - something myself or my fiance would never do and wouldn't even know how to do.

I immediately emailed the supplier to begin the process of returning the phone and requesting a refund. My fiance was currently without a phone as her one broke, so she needed this phone. We went out and bought another phone from a store because of this, so this broken phone was no longer needed and would need to be returned.

Basically, over the next week the supplier continued to refuse our claims that the phone would not work and repeatedly sent instructions on how to fix it - all things that we had already tried after reading up online. When i said i wanted a refund, not a replacement, they kept saying that a replacement would be sent - not at all what we wanted.

They finally picked up the phone on March 7th. I have been emailing them weekly until yesterday when we finally got a response:
I'm sorry for taking sometimes as the unit was sent to workshop for further review because our supplier advised that this is user fault.
The technician found out that there has been an attempt to install,reflash the different ROM and was failed. Unfortunately, this is not eligible for replacement.
Normally, there will be admin fees to had this fixed and returned, however once again i had talked this out with management team and we are happy to absorb the fees as a good gesture
Phone will be returned repaired to you.

So basically they are telling us that we are lying and we tried to load the ROM. 100% false. The phone arrived like that, we did not do anything to it.
We are $450 out of pocket and just want a refund. I was under the impression that if there was a major problem with a product you have purchased, you are entitled to request a refund, repair or replacement. Refund is the only option that is viable to us as the phone is no longer needed.

Is there anyone out there that can help?

Also, this website does not list a phone number to call - after they sent the above email i have since asked to be given a phone number to speak to management or for them to call me.

Thanking anyone that can help in advance.
Dan

Mobile

Related Stores

BecexTech
BecexTech

Comments

    • berry580 on 31/03/2016 - 18:41

      Atrocious by Australian standards - some Aussies just expects to be able to refund used camcorders to Dicksmith after the footie season as a 'change of mind'.

      If those time frames are in top of shipping times, then it's reasonable imo.

  • smashed on 31/03/2016 - 15:11
    +1

    Also their own facebook page spamming (like I am doing here) would really put me off..

    https://www.facebook.com/BecexTechAU

  • berry580 on 31/03/2016 - 18:34

    I see this story as a lesson teaching people to buy from a reputable vendor. Even with all the laws protecting the consumer, it can be pretty difficult to prove that the malfunction of the item isn't due to the customer's fault.

    • drisbel on 31/03/2016 - 18:52

      Absolutely. This is the first time i've done this, i usually buy from a well known company. After this, never again.

  • simmos on 31/03/2016 - 18:39
    +4

    Thai company BECEXTECH are a bunch of theives. I dealt with them a couple of years back and ended up in trouble. I got the transaction reversed by my bank (CC)

  • dachewy on 31/03/2016 - 18:47
    +5

    http://www.productreview.com.au/p/becextech-australia.html

    So many 5 star reviews from 1 day old accounts lol

    • drisbel on 31/03/2016 - 18:51
      +1

      all with photos of random landmarks and flowers! haha! quality find!

  • captainandg on 31/03/2016 - 20:23
    -7

    Next time avoid the hassle, get an iPhone.

  • Lucky13 on 31/03/2016 - 20:57
    +1

    Ok so I was looking for a Canon DSLR a while back and wanted a camera that was Australian stock and not a grey import. These guys are grey importers. I could tell because they didnt offer the cashback deal offered by Canon Australia. Also in their about us section they mention that theyre an "Australian-Operated global company with offices and logistic center located in various different regions", so basically theyre an office here in Australia of a larger corporation that is overseas based, probably a Hong Kong company by the looks. On the front page as well they say "100% Authentic and Original with retail packaging" not Australian stock. They also mention an Australian warranty but that is offered through them through their office in Australia not through Canon Australia or Samsung Australia etc because its not Australian stock and they have not mentioned Australian stock which is the key phrase I guess youre looking for. If it was Australian stock you would have Australian laws apply saying yep youve bought this and its not up to standard so if its faulty you get a refund or if its not what you were after and have the receipt you can exchange it. None of that applies because its not Australian stock its a grey import so you dont have Australian consumer laws to fall back on. Admittedly these guys have hid the fact theyre overseas based really well by using a .com.au website and choosing their words very thoughtfully to pull the wool over people. I only know all this too because I looked for ages first, so my only advice is to look for ages when buying online so you can recognise dodgy grey import sites like this. I know some people will be all for grey import on here but its not the same as proper stock. Its made to be 'like' the original stock but is just some dudes best guess at the product and thrown together with a pretty label and is not the original. For instance StrawberryNet sell counterfeit skincare and cosmetics and its a guessing game what all these women are putting on their faces. The internet is littered with dodgy grey import and counterfeit items, so its just buyer beware and be aware I guess.

    • robb6014 on 01/04/2016 - 13:38
      -1

      tl;dr

  • Hirolol on 31/03/2016 - 22:24

    So did you find a solution?

    Its probably been said but just tell them to keep it and do a chargeback with your card company.

    Please update when you its resolved, good luck!

    • drisbel on 01/04/2016 - 11:42

      at the moment we've said we'll take the repaired phone and we'll just on-sell it. who knows, we may get it and it'll still have the same problem haha. i'll update once we know more!

  • aussieprepper on 01/04/2016 - 00:42
    +2

    Mate hit up your credit card or PayPal should be a easy refund seeing as they already have the product back.

    Or if need be just sell it as long as the product is working.

    • darkchoc on 01/04/2016 - 09:57

      This.

      take this step immediately before posting back on here!!!
      :)

  • Marrk on 01/04/2016 - 04:40
    +4

    I used to work for MobiCity / Yatango Shopping, and Kogan used the same mobile supplier that we did. There were dozens and dozens of instances where customers were sent 'new' mobiles that had had the software tampered with. This was usually done due to mobiles being sourced from countries like China, and needing an English rom flashed. Another common scenario was unlocking the stock without having to pay anything. BecexTech probably had the mobile drop shipped from this or a similar supplier, and is taking the suppliers word over yours. I would just initiate a chargeback if I was you,and say that they aren't co-operating.

    • akyeeeahdude on 02/04/2016 - 11:17

      Yeah I know a guy that used to be an owner of MobiCity before Yatango came and bought them and he said the same thing when we were discussing buying grey import phones. Grey imports can always be a bit sketchy.

  • lost69 on 01/04/2016 - 07:13
    -2

    Mystery why people are so cheap as to buy random expensive crap from shifty websites. You wanted to save money, now cop it. You want a new phone that hasn't been groped and flashed buy it local and pay extra. This is why retail stores will always exist. You will never replace actually going there and having a look. Not even VR. Why do you think its so cheap in the first place? It ain't because its a good deal.

    • darkchoc on 01/04/2016 - 09:55

      You will have bad experiences and you will have good experiences, just like anything else.

      If you are sensible and protect yourself by choosing a reliable overseas seller and using PayPal/credit card protection to cover yourself, you are good.

      Price does not equate to quality it service in all cases.

      Buying online gives you far greater variety, delivery to your doorstep without leaving the comfort of your PJ's and more often than not cheaper prices.

    • drisbel on 01/04/2016 - 11:43

      Thanks for your input, however i agree with Newplace above. I have bought off cheap sites like this previously (not as expensive an item as this however) and never had a problem. You win some, you lose some. In hindsight, we shouldn't have done it. I understand that.

  • nscom on 01/04/2016 - 10:36

    Under Sale of Goods Act where goods are bought by description form a seller who deals in goods of that description there is an implied condition that the goods are merchantable quality. Obviously the handset you received is not "merchantable quality" since it DOA and can not even be used. Usually its better for you to seek damages under Australia Consumer Law.

    ACL has consumer guarantees provide minimum mandatory standards of quality of that apply to the supply of goods to consumers and operate as statutory rights that cannot be excluded, restricted or modified by contract. The guarantees in respect of the supply of goods are of an acceptable quality (s 54). Goods are of acceptable quality if they are free from defects.

    Where goods supplied to a consumer are defective then, generally speaking, the immediate supplier of the goods (retailer) will be liable to the consumer. So you are definitely entitled for a full refund for this transaction.

  • Randxyz123 on 01/04/2016 - 11:34

    Sorry OP but this is basically your fault. Why did you buy from such a dodgy company instead of spending a little more and using Kogan?

    Try doing a charge back on your credit card and you can also try claiming that under Australian consumer law that they need to give you a refund… They could tell you to get stuffed though.

    They aren't really an Australian company…

    I'd be sending a polite but firm email stating that you want a refund since the phone is needed for business purposes you had to purchase a different device. I'd include something like "As per your instructions I've tried x , y and z and nothing has worked. I'd appreciate you giving me a full refund as I have had to quickly purchase a new device and I am now out of pocket for 2 phones"

    • drisbel on 01/04/2016 - 11:40

      It was in impulse buy of sorts, in hindsight we shouldn't have done it. We needed a phone cheap and quick, which i understand could lead to potential risks. So in that case, i agree that's our fault. We've bought off Kogan, etc. before but our circumstances were different this time. We fell for this companies promises, which we should have researched more extensively before we purchased.

      However, we weren't the ones that sent the dodgy phone, so that's where our part in this stops.

      As i wanted to keep my original post as short as possible, i didn't really make it clear enough that we emailed them numerous times with basically exactly what you've said there. We told them a new phone had been purchased, we've tried everything they said to fix it and we'd prefer a refund. On all occasions, they'd reply back saying a replacement would be sent after inspection, basically ignoring our pleas for a refund.

  • Hirolol on 01/04/2016 - 12:00

    Can i ask how much cheaper was it than if you were to buy the exact same phone off say kogan or a random bricks and mortar store?

    • drisbel on 01/04/2016 - 12:03

      Kogan was about 50-70 i think, but they said it wouldn't arrive for 4 weeks, which was no good.
      Proper stores difference was something like 100-150

  • everypenny on 01/04/2016 - 16:00
    +1

    Leave bad reviews everywhere and spoil their reputation!

    • StewBalls on 02/04/2016 - 10:23

      That ship has already sailed…I don't know anyone who has an internet connection who would buy from Becextech!

      They only catch unsuspecting suckers who don't check reviews first! ;)

  • ozizoy on 01/04/2016 - 16:40

    will avoid BecexTech Australia with all cost!!!

  • mmd on 01/04/2016 - 22:50

    Refund if possible.
    Always buy from Google, but I guess someone else here had issues with Google direct.

  • noise36 on 02/04/2016 - 10:12
    +1

    CC charge back and move on.

  • jenkemjunkie on 02/04/2016 - 18:41

    This is why I buy on a credit card. I let them know I will be posting it back for a refund, then I contact my bank to deal with the credit card chargeback. Less hassle and less conjecture over discussions with the business. I don't have time to cite legislation that a business doesn't care about. Thats what my bank is for.

    Some people just seem to convolute a problem instead of streamlining it.

  • [Deactivated] on 02/04/2016 - 20:57

    Did you try to reflash the factory images?

    https://developers.google.com/android/nexus/images

    Every phone you buy from the grey market needs to be reflashed in most instances due to possible semi-unremoveable malware placed by the wholesaler (in that basic factory resetting doesn't remove it).

    Xiaomi being one of the big ones where this problem lies.

  • drisbel on 14/04/2016 - 14:08

    Hello all,

    Not sure if anyone will even see this, but just wanted to give an update.
    We received the 'repaired' phone back yesterday - making sure to video record the unboxing and turning on the phone. Everything was fine and working.
    Then we checked the serial numbers (we took photos of the phone we sent back) and surprise, surprise it was completely different phone!
    So much about 'repairing' the phone that 'we' broke.

    Anyway, just glad it's all over, we're going to re-sell it to someone and try get our money back that we paid for it.
    Lesson learnt to never use this mob again!

    Thanks once again to everyone that offered their opinions and assistance, it was a great help!

    Dan

  • one5tar on 12/01/2018 - 00:56

    I had my bad experience with BecexTech!

    BXT International Limited (BXT International) (Hong Kong CR number 1440086)
    http://registers.accc.gov.au/content/index.phtml/itemId/1204…

    On 22/12/2017 I had purchased a camera, lens, mobile and accessories from BecexTech. As of today, I have only received the camera and lens. The accessories are missing and the mobile sent was used and faulty. As I desperately needed a phone I had to paid $400 to repair my existing cracked mobile, hence I have no use for another phone, nor do I want a faulty used phone.

    As of today, BecexTech have ignore my request for a refund and insisted that they have done nothing wrong. Will be reporting them to fair trading, ACCC and any other legal bodies where appropriate. Please walk away from this unethical business and tell others not to shop from them.

    As per 87B Undertaking - BXT International Limited - signed 12 December 2017,

    BXT International undertakes that for all products advertised for sale on the BecexTech website which are not new for the main headline description to start with “REFURBISHED” OR “USED”. And not "Special Price Renew Samsung Galaxy S7 32GB 4G LTE" as was the case with me.

    BecexTech Australia has admitted that it has contravened the Australia Consumer Law in the way that it described its products and responded to requests for refunds. BecexTech Australia have misled me into purchasing a 'used' product believing it to be 'new' and genuine.

    Under the Australian Consumer Law, consumers are entitled to choose to receive a full refund of the amount they paid for a product when that product failed to meet the consumer guarantees. For my purchased order of $6,371.50, which included a camera, lens, mobile and accessorises, I have only received only the camera and lens. The accessories are missing and the mobile received was 'used' and faulty.

    As per court enforceable undertaking, BXT International Limited are to provide the shipping cost for the return of faulty goods. Therefore, I expect a refund of purchased price $6,344.95 + return shipping $26.55, total $6,371.50.

    The business is refusing to refund or admit any wrong doing….

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