Hi all,
I purchased a Google Nexus 6P (manufactured by Huawei) from Virgin physical store in November 2015 outright.
It was like $744 I think (bought it because I saw the deal in OzBargain!).
I like using this phone, but since several months ago I have been having two issues:
1. My device shuts down with ~25% battery left consistently
2. There is a bend / warp near the volume button.
I have been using a good case to protect the phone - Spigen Rugged Armor since day 1 and never abuse the phone.
Doing some research online, it seems that these two issues are common amongst Nexus 6P owners.
People that bought it from Google store seems have a better luck getting resolution to the issue, e.g. getting replacement (RMA), though I think mainly people in US.
I contacted Huawei and they said that they are aware of this issue and currently in contact with Google to resolve the issue, but asked me to directly contact Virgin to get it sorted.
So, I contacted Virgin via their online chat (want to suss out what their policy is before going directly to store).
The rep acknowledged that it sounds like a faulty phone and asked for my account details.
I told them I bought it outright, then her tone changed.
Basically, she said that since my phone is out of warranty (only 1 year for phone apparently) I am out of luck, especially I bought it outright / don't have account with them (mobile plan).
I referred her to Consumer Guarantee rights under Australian Consumer Law, but she still did not change her position.
She kept saying because it's out of warranty and no account with them, they don't have process to help me in this situation.
Before I go directly to physical store about this, what are my options here and what are my rights?
If I read Australian Consumer Law (http://consumerlaw-staging.tspace.gov.au/files/2016/05/0553F…) correctly, I can either:
1. get it repair within reasonable time
2. get replacement
3. get refund
Option 1 is not an option for me because I dont have any other phone to use while they repair (if they agree to!)
Option 3 is the most ideal resolution for me.
Is it realistic and within my rights to demand for a refund? Or at least a replacement device?
According to the law, for major issues, which I think they are, I have rights to choose the resolution from those 3 options.
If the issue is minor, then the supplier has the say.
As far as I am concerned, these are major flaws with the device as battery issue affects the day-to-day operationality / functionality of the device.
The bent may also cause a further issue in the future.
What should I say to the rep in store if they argue the same thing as the rep from the online chat?
Advice please.
Cheers
EDIT: According to the law (link in the description page 19)
A major failure with goods is when:
• a reasonable consumer would not have
bought the goods if they had known about
the problem. For example, no reasonable
consumer would buy a washing machine if
they knew the motor was going to burn out
after three months
If I know that after 1+ years, the phone is going to die every time it reaches 25% battery, I wouldnt want to buy it (who would?)! especially for top of the line phone which cost $744..
It has to be considered a Major Failure to be entitled to a refund or replacement. Otherwise you just get a repair.