Vodafone Can't Replace Defective Phone

[Deactivated] on 29/05/2016 - 17:43
Last edited 29/05/2016 - 17:51

Hi everyone,

Not long ago I purchased an HTC 10 from an eBay seller that got the phone via Vodafone (with original receipt).

2 days ago, the phone's vibration motor started doing weird things, such as making crackling noises or sometimes not vibrate at all, so I went to a Vodafone store today asking them what they could do. They said within 28 days they simply swap the device with a new one (The phone is within 28 days).

The lady in store played with the phone and factory reset it to test, and agreed that the phone is defective. However, they couldn't do the swap for me because I'm not the Vodafone account holder and they'd only do it if he could come in to the store.

What I want to ask is, under the Australian Consumer Law, can they really not do the swap even if I have the receipt? According to the lady in the store they need more than the proof of purchase to do it.

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Comments

  • paloverde88 on 29/05/2016 - 18:25

    Are you able to contact the seller to follow you to the store?

    • [Deactivated] on 29/05/2016 - 18:29

      I can contact the seller, but I'm in Sydney and he's in Perth.

  • Unorthodox on 29/05/2016 - 18:26

    Was it bought outright or on contract?

    And no, ACL does not require them to do a swap for a new device, nor does it relate to you now being the owner of the device.

    • [Deactivated] on 29/05/2016 - 18:37

      The seller didn't say, although the receipt does have one line stating "VODAFONE $50 RED SIMO". (SIMO isn't my typo)
      Whether it means this phone is bought on $50 plan, or this phone is bought outright from Voda but seller is currently on $50 plan… I'm not sure.

      And no, ACL does not require them to do a swap for a new device, nor does it relate to you now being the owner of the device.

      is Voda obligated to replace or fix the phone at all in this case?

      • Unorthodox on 29/05/2016 - 21:01

        From my understanding, the seller must have added the device as an MPP (mobile payment plan) onto his SIMO.

        So, taking it to a Vodafone store would not help in the sense that repairs/replacement or assessment when they send it off will be under the seller's name. This is because the IMEI would be under the account holder.

        Your best option is to contact HTC and have it possibly replaced with a refurbished device.

        Previously, yes Vodafone has an ELF/DOA process where any fault within the first 28 days warrants an on-the-spot replacement with a new device but that wouldn't be applicable in your case because that would have to be the account holder.

  • paloverde88 on 29/05/2016 - 18:31

    if you trust him, get him to swap it for you then send it to you. Otherwise it could be very messy going to Fair Trading etc.

    FYI I have swapped a ELF at Voda years ago and no one check my ID. just receipt which was a cashier printed one with no name just account number.

    • [Deactivated] on 29/05/2016 - 19:13

      I don't think that's very doable, especially because the seller seems to be really bad at replying. I can always open a PayPal dispute but I don't really wanna go that route… yet.

      The voda lady wanted me to login to the voda account, which I'm not sure why it's even needed.

  • akyeeeahdude on 29/05/2016 - 19:16

    Yeah I've had the same issue with Vodafone before and a HTC M7.

    Ended up just sending it back to HTC directly. Fonebiz still handle HTC repairs in Australia.
    You can book in it in on Fonebiz's website, you don't even need to call HTC first.
    Just include the proof of purchase.

  • johnnyle on 29/05/2016 - 21:37
    +1

    I had experience with Vodafone before.

    I bought a phone on Gumtree from a user, and I thought it was faulty, I used the chat service on the website, they said I could just bring the phone and the proof of purchase, doesn't matter if it's under the original owner, I could get it fixed by Vodafone, if the phone was really faulty (would be inspected by the staff in store).

    The 1st store I went in, they said no, they could not do that because the proof of purchase was not under my name, and every one can have a proof of purchase according to him. I went to another the store, and the staff at the second store was happy to help, and said the same thing as the chat service.

    So I think you should try one more at another store to see how it goes.

    • [Deactivated] on 29/05/2016 - 21:59

      Thanks for the experience, I'll go and try again at another store and report back.

  • PVA on 29/05/2016 - 21:45

    isn't the phone really second hand now as you didnt buy it from vodafone, you bought it from someone that bought it from vodafone? even if it is sealed in the box, you ddnt buy it from vodafone. So shouldn't you just contact HTC in this case.

    • [Deactivated] on 29/05/2016 - 21:58

      This is what I'm asking, it may or may not be the case, but it wouldn't make a lot of sense if I can't get voda to fix it.
      Because if you think about it, what if I bought this phone from eg. JBHIFI and there's no name on the receipt, anyone that has the phone+receipt can get warranty without a problem, why is it a problem in my case? I don't think anything regarding names on receipt has been mentioned under the ACL(??)
      Maybe I should go to another store and try again…

      • PVA on 30/05/2016 - 08:53

        Try another store.
        I understand what you mean, I was just pointing out that you didnt buy it from Vodafone so maybe they don't need to fix it. HTC then would be the ones to go to.

  • supnigs super skids on 29/05/2016 - 21:58

    Yes it's embarrassing when you answer a call early in the morning and the vibration motor doesn't ever stop.

    • [Deactivated] on 30/05/2016 - 21:52

      Oh jolly.

  • [Deactivated] on 30/05/2016 - 17:25

    Ok so I've been to 3 other voda shops today, to sum up, they insist that only the person that originally purchased the phone can go see them regardless of the presence of receipt. Asked one of them if they can just send it to HTC for me and they said they'd have to charge a fee for that (what?!)

  • [Deactivated] on 30/05/2016 - 18:23

    Also just contacted HTC via their phone no., they said they don't do repairs directly and it's the telco's responsibility to fix the phone under warranty.

    • tonyjzx on 31/05/2016 - 16:49

      Remind me never to buy from HTC or Vodafone.

      Bunch of clowns everywhere.

      • [Deactivated] on 31/05/2016 - 23:09

        Definitely horrible customer services from both companies…

  • hikaru78 on 01/06/2016 - 19:13

    Out of curiosity does acl apply to second hand goods?
    I wouldn't think acl would apply as op did not purchase from Vodafone

    • DeToxin on 01/08/2016 - 18:08

      I'm not sure either, but I doubt it. I'd imagine your train of thought is correct. The deal and therefore warranty is only between Vodafone and their customer.

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